U.S. VIRGIN ISLANDS — Governor Albert Bryan Jr. announced that the Virgin Islands Superior Court has issued an order confirming the authority of the executive branch regarding legislation that sought to limit the Governor’s ability to appoint and remove members of the Territorial Hospital Board.
The court’s decision in Bryan v V.I. Government Hospital and Health Facilities Corporation asserts that the Governor is charged with the general administrative power of appointing, overseeing and controlling the execution of the laws, including power of appointment and removal.
The Court confirmed that the Hospital Board is an executive agency and its administration is within the principles of Separation of Powers Doctrine. The Court ruled that the Legislature’s attempt to limit the Governor’s executive authority by eliminating his authority to remove appointees to the Hospital Board is an intrusion into the executive powers and is a violation of the Revised Organic Act.
“The Separation of Powers Doctrine is a cornerstone in the foundation of democracy and is crucial in keeping the branches of government working on equal footing, so that one branch does not carry more weight than the other,” Governor Bryan said. “The specific branches of government have specific responsibilities that are balanced to ensure that the government as a whole works equitably and fairly on behalf of the people.”
The Governor said his Office of Legal Counsel is closely reviewing the Superior Court decision to see how and whether it applies to other boards and other pieces of legislation seeking to exert or increase legislative influence over the makeup of the Territory’s various boards and commissions.
The Court ruled, as derived from prior U.S. Supreme Court cases, the principle of separation of powers applies through the provisions of the Revised Organic Act and within those powers, the Executive Branch is clothed with the executive “power of appointing, overseeing and controlling” the persons and agencies that execute the laws.
Other primary points of the Superior Court’s decision are:
- The grant of executive power encompasses “the express mandate to take care that the laws are faithfully executed, including the power of appointment and removal of executive officers.”
- The executive has absolute power to remove executive officers. No other branch has such power.
- The elimination of the Governor’s power to remove members of the Board and District Boards violates the separation of powers principles and is invalid under the Revised Organic Act.
Equating the Hospital Board to other boards and commissions, the Superior Court’s ruling supports the premise that the Governor has the absolute authority of appointment and removal of executive officers, including boards and commissions that assist in implementing executive functions of running the Government. Any attempt to restrict that power is a violation of the ROA and is invalid.
The Bryan-Roach Administration is committed to transparency, stabilizing the economy, restoring trust in the government and ensuring the disaster recovery is completed as quickly as possible.
