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June 17, 2007 Governor approves bills to grant measure of autonomy to Inspector General and additional funding to law enforcement deJongh signed into law Bill 27-0006 which provides the Office of Inspector General some measure of autonomy in its hiring and salary practices. "My support for this measure is based on the administration’s goal of reducing both malfeasance and malfeasance in government spending,” deJongh wrote in a transmittal letter to Senate President Usie R. Richards. The governor also pointed out that this bill will allow the Inspector General to more efficiently carry out investigations which will result in more timely audits and when appropriate, more timely recommendations for civil or criminal proceedings to the Attorney General. The governor also approved Bill 27-0011 which he described as "containing several significant steps towards the administration’s stated objective of providing the territory’s law enforcement agencies with additional funds to reduce criminal activity and assist prosecutors in bringing the perpetrators of crimes to justice. deJongh did veto certain sections of the bill as follows: Section 3 of this legislation was vetoed in light of the governor’s approval of one section of the supplemental budget bill. Section 7 of the Bill was vetoed as the governor was unable to discern any basis on which the allocation of these monies can be sustained; in particular the cost for an office and kennel for the VIPD K-9 Corps. deJongh said he is willing to reconsider this measure upon submission of justification for the various line-items. Section 10 of the bill was vetoed as the costs of purchasing a new 911 emergency reporting system already is encompassed within the capital budget for Fiscal Year 2008. "In keeping with my commitment to implementing sound budgeting practices within the Government, I also point out that the purchase of the 911 emergency reporting system is a capital expenditure and should not be treated as a General Fund operating expense,” deJongh said. The bulk of Section 11 was approved. It establishes a Cold Case Unit within the V.I. Police Department, which will assist that agency in pursuing the resolution of crimes for which leads have waned. However, deJongh pointed out to the senators, that limiting the scope of the unit's jurisdiction to only cases that are not less than five years old, unduly interferes in the VIPD's ability to make its own determinations regarding the assignment and investigation of crimes within the Department. In addition, he said, the related section 15 of this bill, which provides funding in 2008 for the Cold Case Unit was vetoed inasmuch as the Executive Budget previously submitted to the Legislature already provides monies to fund this Unit. deJongh also pointed out, "Section 1 of this legislation, which establishes the Witness Protection Program does not exempt the Witness Protection Board's records and meetings from public disclosure under existing laws.” As a result, the governor on Friday submitted proposed legislation to the Senate to provide such exemptions for the Board, to ensure that the goal of protecting witnesses who are furthering prosecutions at their and their families' own risk will not be compromised. deJongh vetoed Bill 27-0028 which would have established a new government agency to administer federal grant money to the territory. The governor vetoed the measure for several reasons: "While this Bill establishes a new division within the Office of the Governor effective immediately, no funding is provided for the personnel, equipment, and operating costs associated with the agency.” deJongh restated the administration’s position that there is no money available in this fiscal year's budget for this operation, and no money is provided for Fiscal Year 2008. Second, this is a step which can be implemented by establishing a division administratively, without the need for legislation. Finally, this measure establishes a director of an agency who may not be removed except for cause. This type of protection has only been extended to directors who require legislative confirmation, and, even then, only on a sparing basis, deJongh wrote in his correspondence to the Senate. The governor approved Bill 27-0060 but line-item vetoed certain sections for a number of reasons. In vetoing sections 7, 12, 25, 26, 34, 36, 37 and 39 of the legislation, deJongh explained, "As discussed in previous transmittals to the Legislature, the Government is experiencing a General Fund cash shortfall. Therefore, these sections, if approved, would effect a further over-appropriation of the General Fund,” adding, "I have made it clear to the people of the Virgin Islands my commitment that the Government acts in a fiscally responsible manner, and I will not compromise this mandate.” Commenting on other sections of the bill, deJongh observed,"There were a number of appropriations to various groups for sporting and similar activities. I have approved some of these items due to my sincere belief that sports and other activities are crucial to the proper development of our children. However, consistent with my commitment to implementing proper financial controls, I am instructing the appropriate departments to require a proposed budget from these groups prior to disbursement of funds. Further, in the future, Government contributions to private entities must be channeled through the department of appropriate jurisdiction. By routing such requests via these channels, the Government will be able to better assess the benefits of each proposal, prioritize them accordingly, and appropriately budget for such appropriations as are within available revenues. I will instruct the appropriate departments to determine whether any funding for these items exist within their current appropriations and allocations.” In addition, the groups which receive the funding contained in the approved items must observe and comply with the provisions of Title 2, Chapter 2, Section 29 of the Virgin Islands Code. This section requires the submission of both interim and final financial statements to the Governor and the Finance Committee of the Legislature by all organizations which receive government funds. Importantly, the submission of these financial statements is a prerequisite to the eligibility of these entities to continue to receive government funding. The receipt of these statements will also assist the Government in setting priorities for the awarding of government funds based on the sound financial practices of the entities, in addition to the merit of their proposals. "I urge the Legislature to work with my Administration to ensure that entities that request government funds are in compliance with this section of the Virgin Islands Code before they receive any further appropriations,” deJongh said. Other Vetoed Sections of Bill 27-0060 Section 30 of the bill was vetoed because, while it is intended to increase the amount of a prior appropriation, it does not amend the Act in which the appropriation is found. This section amends Act No. 6868, Section 15 which changes the status of an appropriation made in Act No. 6839, Section 35. Therefore, in order to change the appropriation level, it is Act. No. 6839, Section 35 which must be amended. As Section 30 of the present Bill does not amend the proper act and section, the change sought cannot be effected. In section 32 of the bill, deJongh line-item vetoed the language "The sum appropriated remains available until expended," noting that inasmuch as the St. John Festival will take place in July, 2007, there is no reason that these funds should not be properly expended, to the extent appropriate, on or before September 30, 2007. The stricken language is unnecessary. Section 33 of the bill was vetoed as there are federal funds available for this project which made a General Fund appropriation unnecessary. Section 35 of the Bill was vetoed as the amendment would make title 24, chapter 12 Virgin Islands Code inconsistent with section 3304 of the Federal Unemployment Tax Act. deJongh also line-item vetoed Section 45 of the bill, which amends the statute governing physician assistants. The approval of the stricken language would have resulted in confusion regarding the circumstances under which one may become a physician assistant in this Territory. "As drafted the proposed language makes unclear what standards an applicant must meet all listed requirements in order to become licensed as a physician assistant, or need only have worked as a physician assistant for three years to obtain such a license.” In light of the responsibilities of physician assistants, this lack of clarity is not in the public interest, de Jongh said. |
