WAPA Counsel Join Governor Bryan in Opposing Law Changing Board Composition; Judge Grants Preliminary Injunction

The V.I. Water and Power Authority has joined Governor Albert Bryan in opposing a recently enacted law that changed the composition of the WAPA board, and earlier this week Superior Court Judge Renee Gumbs Carty granted a preliminary injunction that called for the law to be cast aside until a permanent injunction hearing scheduled for Oct. 5 determines the law's fate.

In a judgement handed down on Monday, Judge Gumbs Carty ordered the WAPA board not to implement any changes set in motion by the new law, Act. 8472. The order further prohibited the board from "acknowledging or recognizing any new member appointed or elected," and it barred the WAPA board from removing any member discharged as a result of the new law.

Additionally, the order blocks the WAPA board from making any changes as prescribed by the law, and said the status quo should remain in place.

Though the outcome won't be known until Judge Gumbs Carty rules on the matter on Oct. 5, Mr. Bryan's case is strengthened as WAPA counsel has decided not to defend the law, choosing instead to join with the administration.

Enactment of the law following the Senate override of Mr. Bryan's veto caused the immediate removal of two Bryan cabinet members from the board, namely, Property and Procurement Commissioner Anthony Thomas and Bureau of Internal Revenue Director Joel Lee. The V.I. Energy Office director is the only cabinet member allowed on the board by virtue of his/her position under the new law. Kyle Fleming is the current director of the Energy Office.

In his transmittal letter to the 34th Legislature that accompanied the vetoed measure, Mr. Bryan said, "The proposed change in the composition of the board is solely to remove the number of individuals directly appointed by the governor from amongst cabinet-level heads of departments and agencies." Mr. Bryan added this would "weaken the duty of the governor to exercise general supervision and control of WAPA as is required by Section 11 of the [Revised Organic Act]."

The V.I. Dept. of Justice, which is representing the governor, on Sept. 2 announced it had challenged the law. Defending the decision, V.I. Attorney General Denise George said the law stood in contravention of the Revised Organic Act. "The action is unconstitutional and unlawfully infringes upon the power and authority of the executive branch and chief executive, in violation of the separation of powers doctrine under the Revised Organic Act of 1954 and the Constitution of the United States," she said.