(a) The Public Services Commission is established as a semiautonomous agency of the Government of the Virgin Islands.
(b) The Commission shall be composed of seven members, as follows:(1) Five members appointed by the Governor with the advice and consent of the Legislature;(2) Two members of the Legislature appointed by the President, one a resident of the District of St. Thomas-St. John, and one a resident of the District of St. Croix, who shall serve as nonvoting members. Of the five members appointed by the Governor, two members shall be citizens residing on the Island of St. Thomas, two members shall be citizens residing on the Island of St. Croix and one member shall be a citizen residing on the Island of St. John; however, a maximum of two Commission members may reside outside of the territory. The term of office of each appointed member shall be three years. Vacancies shall be filled for the unexpired term and members shall serve until their successors are appointed and qualified.
(1) Five members appointed by the Governor with the advice and consent of the Legislature;
(2) Two members of the Legislature appointed by the President, one a resident of the District of St. Thomas-St. John, and one a resident of the District of St. Croix, who shall serve as nonvoting members. Of the five members appointed by the Governor, two members shall be citizens residing on the Island of St. Thomas, two members shall be citizens residing on the Island of St. Croix and one member shall be a citizen residing on the Island of St. John; however, a maximum of two Commission members may reside outside of the territory. The term of office of each appointed member shall be three years. Vacancies shall be filled for the unexpired term and members shall serve until their successors are appointed and qualified.
(c) Three of the members appointed by the Governor shall constitute a legal quorum with the authority to hear and decide matters arising before the Commission. The Commission shall meet at such times and places as it may fix and determine. Virtual attendance of Commission meetings is allowed, and members attending virtually are included in the quorum count. Special meetings may be held on the call of the Chairman or any three members. All regular meetings of the Commission shall be open to the public.
(d) The Commission shall annually elect one of its members to serve as its Chairman and one to serve as its Vice-Chairman.
(e) The members may be removed by the Governor for cause.
(f) The appointed members of the Commission shall receive $175 for each day or part thereof spent in the performance of their official duties. Every member of the Commission shall be reimbursed for necessary travel, subsistence and other expenses actually incurred in the discharge of his duties as a member of the Commission.
(g) The Commission has the authority to sue and be sued in its own name and may retain counsel for its representation notwithstanding title 3, section 114 of the Virgin Islands Code.
(h) Neither the Commissioners nor the Commission’s employees or agents can be held personally liable for statements made, information delivered, or conduct performed in good faith while carrying out the Commission’s duties and are entitled to an award of attorney’s fees and costs if they are the prevailing party in a civil cause of action for libel, slander or any other relevant tort arising out of their activities in carrying out their responsibilities or assigned duties.
(i) Members of the Commission must have education or experience in at least one of the following categories:(1) Engineering, Power Generation, Energy or Natural Resources 1 Conservation; or(2) Economics, Accounting, or Finance; or(3) Public Administration, Telecommunications, or Law; or(4) Solid Waste Engineering, Solid Waste Management, Water Treatment, or Environmental Protection; or(5) Computer Technology or Information Systems.
(1) Engineering, Power Generation, Energy or Natural Resources 1 Conservation; or
(2) Economics, Accounting, or Finance; or
(3) Public Administration, Telecommunications, or Law; or
(4) Solid Waste Engineering, Solid Waste Management, Water Treatment, or Environmental Protection; or
(5) Computer Technology or Information Systems.
(j) (1) No member of the Commission may have any financial interest in or be an agent or employee of any public utility, as defined in 30 V.I.C. § 1.(2) If any member acquires a financial interest in any public utility, that member shall cease to be a member of the Commission unless the member within 60 days of acquiring the financial interest or the position divests himself of the financial interest or the position.(3) For purposes of this subsection, “financial interest” means financial interest as defined in section 1101(1) of this title.
(1) No member of the Commission may have any financial interest in or be an agent or employee of any public utility, as defined in 30 V.I.C. § 1.
(2) If any member acquires a financial interest in any public utility, that member shall cease to be a member of the Commission unless the member within 60 days of acquiring the financial interest or the position divests himself of the financial interest or the position.
(3) For purposes of this subsection, “financial interest” means financial interest as defined in section 1101(1) of this title.
(k) (1) No family member of a person serving in an executive capacity at a public utility subject to regulation by the Commission may be appointed to the Commission.(2) For purposes of this subsection,(A) A family member means a spouse, parent, parental guardian, grandparent, child, grandchild aunt, uncle, niece or nephew.(B) A person serving in an executive capacity means a person who holds any of the following titles at a public utility:(i) Chief Executive Officer or Assistant Chief Executive;(ii) Chief Financial Officer or Assistant Chief Financial Officer;(iii) Chief Operating Officer or Assistant Chief Operating Officer;(iv) Executive Director or Assistant Executive Director;(v) President;(vi) Vice President; or(vii) Any other senior management position responsible for strategic and tactical management of any portion of the public utility.(l) (1) No person serving in an executive capacity at a public utility may serve as a member of the Commission for at least two years after leaving employment with the public utility.(2) No member may enter into an employment relationship, a consulting or representation agreement, or other similar contract or agreement with either an entity regulated by the Commission or a subcontractor of the entity for a period of one year after the member ceases to serve as a member of the Commission.(3) No voting member may hold any other public office or an elected office in the local or federal government; and(4) (A) No member may raise funds or solicit contributions for any political candidate or political party, or actively campaign for any candidate for public office; except that a member may actively campaign for a family member.(B) The mere attendance of a member at a political event or politically oriented event does not constitute a violation of subparagraph (A).
(1) No family member of a person serving in an executive capacity at a public utility subject to regulation by the Commission may be appointed to the Commission.
(2) For purposes of this subsection,(A) A family member means a spouse, parent, parental guardian, grandparent, child, grandchild aunt, uncle, niece or nephew.(B) A person serving in an executive capacity means a person who holds any of the following titles at a public utility:(i) Chief Executive Officer or Assistant Chief Executive;(ii) Chief Financial Officer or Assistant Chief Financial Officer;(iii) Chief Operating Officer or Assistant Chief Operating Officer;(iv) Executive Director or Assistant Executive Director;(v) President;(vi) Vice President; or(vii) Any other senior management position responsible for strategic and tactical management of any portion of the public utility.(l) (1) No person serving in an executive capacity at a public utility may serve as a member of the Commission for at least two years after leaving employment with the public utility.(2) No member may enter into an employment relationship, a consulting or representation agreement, or other similar contract or agreement with either an entity regulated by the Commission or a subcontractor of the entity for a period of one year after the member ceases to serve as a member of the Commission.(3) No voting member may hold any other public office or an elected office in the local or federal government; and(4) (A) No member may raise funds or solicit contributions for any political candidate or political party, or actively campaign for any candidate for public office; except that a member may actively campaign for a family member.(B) The mere attendance of a member at a political event or politically oriented event does not constitute a violation of subparagraph (A).
(A) A family member means a spouse, parent, parental guardian, grandparent, child, grandchild aunt, uncle, niece or nephew.
(B) A person serving in an executive capacity means a person who holds any of the following titles at a public utility:(i) Chief Executive Officer or Assistant Chief Executive;(ii) Chief Financial Officer or Assistant Chief Financial Officer;(iii) Chief Operating Officer or Assistant Chief Operating Officer;(iv) Executive Director or Assistant Executive Director;(v) President;(vi) Vice President; or(vii) Any other senior management position responsible for strategic and tactical management of any portion of the public utility.(l) (1) No person serving in an executive capacity at a public utility may serve as a member of the Commission for at least two years after leaving employment with the public utility.(2) No member may enter into an employment relationship, a consulting or representation agreement, or other similar contract or agreement with either an entity regulated by the Commission or a subcontractor of the entity for a period of one year after the member ceases to serve as a member of the Commission.(3) No voting member may hold any other public office or an elected office in the local or federal government; and(4) (A) No member may raise funds or solicit contributions for any political candidate or political party, or actively campaign for any candidate for public office; except that a member may actively campaign for a family member.(B) The mere attendance of a member at a political event or politically oriented event does not constitute a violation of subparagraph (A).
(i) Chief Executive Officer or Assistant Chief Executive;
(ii) Chief Financial Officer or Assistant Chief Financial Officer;
(iii) Chief Operating Officer or Assistant Chief Operating Officer;
(iv) Executive Director or Assistant Executive Director;
(v) President;
(vi) Vice President; or
(vii) Any other senior management position responsible for strategic and tactical management of any portion of the public utility.
(l) (1) No person serving in an executive capacity at a public utility may serve as a member of the Commission for at least two years after leaving employment with the public utility.(2) No member may enter into an employment relationship, a consulting or representation agreement, or other similar contract or agreement with either an entity regulated by the Commission or a subcontractor of the entity for a period of one year after the member ceases to serve as a member of the Commission.(3) No voting member may hold any other public office or an elected office in the local or federal government; and(4) (A) No member may raise funds or solicit contributions for any political candidate or political party, or actively campaign for any candidate for public office; except that a member may actively campaign for a family member.(B) The mere attendance of a member at a political event or politically oriented event does not constitute a violation of subparagraph (A).
(1) No person serving in an executive capacity at a public utility may serve as a member of the Commission for at least two years after leaving employment with the public utility.
(2) No member may enter into an employment relationship, a consulting or representation agreement, or other similar contract or agreement with either an entity regulated by the Commission or a subcontractor of the entity for a period of one year after the member ceases to serve as a member of the Commission.
(3) No voting member may hold any other public office or an elected office in the local or federal government; and
(4) (A) No member may raise funds or solicit contributions for any political candidate or political party, or actively campaign for any candidate for public office; except that a member may actively campaign for a family member.(B) The mere attendance of a member at a political event or politically oriented event does not constitute a violation of subparagraph (A).
(A) No member may raise funds or solicit contributions for any political candidate or political party, or actively campaign for any candidate for public office; except that a member may actively campaign for a family member.
(B) The mere attendance of a member at a political event or politically oriented event does not constitute a violation of subparagraph (A).