WICO and VIPA Agree with Each Other To Keep Information Secret

Senators expressed frustration at the lack of information on the planned merger of the Port Authority and West Indian Company on Tuesday.

WICO CEO Anthony Ottley spoke about challenges the organization has incurred over the last two years, including economic losses and channel dredging, but cited a non-disclosure agreement with the Port Authority as cause to not give any information on the merger.

Both entities are owned by the V.I. government and subject to the territory’s Open Records Act and both of their records are subject to public disclosure. WICO is trying to get around that legal requirement by agreeing with VIPA not to disclose the information.

WICO has a history of not releasing information that led to a 2019 V.I. Supreme Court ruling stating it must adhere to the Open Records Act. In that case, WICO refused to release information on its decision to pay tens of thousands of dollars in rent for Gov. Kenneth Mapp. It later rescinded that decision.

Ottley said that “as an update to Governor Bryan’s intent to transfer ownership of WICO to the Virgin Islands Port Authority, WICO has executed a mutual non-disclosure agreement with VIPA, and we continue to work on the terms of the transaction including the potential structure.”

Ottley said the greatest advantage of the merger is the “opportunity for WICO to manage all of cruising to the Virgin Islands.” He identified scheduling, curtailing the potential loss of ships, and introducing new ships to the territory as beneficial aspects.

Sen. Kenneth Gittens asked why the merger is taking so long to occur. “We’re letting a golden opportunity go by,” he said.

“We have a non-disclosure with VIPA,” said Ottley. “I apologize, but I’m not able to go into the specifics about that.”

Sen. Carla Joseph, the committee chairwoman, asked legal counsel if the non-disclosure agreement between VIPA and WICO violates the Open Records Act requiring government entities to disclose information to the public.