(a) The powers of the Authority shall be exercised by a Governing Board consisting of the members of the Authority acting as a board. The Board shall meet and organize and, as soon as practicable, shall elect a Chairman and Vice Chairman from among its members, and appoint an Executive Director of the Authority who shall be authorized to attend all meetings of the Board but shall not be entitled to vote.
(b) Four members of the Board shall constitute a quorum for the purpose of organizing the Authority and conducting the business thereof and for all other purposes, and all action shall be taken by a vote of the majority.
(c) The Board may appoint an Executive Director of the Authority, and such officers, agents, or employees, permanent or temporary, and by contract or otherwise may employ such consulting engineers, superintendents, managers, fiscal, legal and other technical experts, as it may deem necessary, and shall determine their qualifications, duties, tenure and compensation without regard to chapter 25 of Title 3. The bylaws of the Authority may provide for the delegation to its Executive Director or its other officers, agents or employees of such of the powers and duties of the Authority as the Board may deem proper.
(d) (1) The Executive Director shall be appointed by the Board exclusively upon the basis of merit as determined by technical training, skill, experience, and other qualifications best suited to carrying out the purposes of the Authority. The Executive Director, at a minimum, shall possess combined minimum 10 years of documented experience successfully managing a public or private utility or business activity similar, or greater, in scope and size to the Authority, and either graduation from an accredited institution of higher education with (i) a bachelor's degree or higher in business or public sector management, or closely related field or discipline, or (ii) graduation from an accredited institution of higher learning with a bachelor's degree or higher in engineering or engineering technology. The Executive Director shall be removable by the Board but only for cause and after notice and an opportunity to be heard.(2) The powers of the Executive Director include the following:(A) Enforcement of all regulations of the Authority.(B) Attendance at all meetings of the Board and submission of a general report of the affairs of the Authority.(C) Advisement of the Board as to the needs of the Authority and approval demands for the payment of obligations of the Authority within the purposes and amounts authorized by the Board.(D) Preparation of or causing to be prepared all plans and specifications for the construction of the works of the Authority.(E) Selection and appointment of the employees of the Authority, except as otherwise provided by this chapter, and the planning, organization, coordination and control of the services of the employees in the exercise of the powers of the Authority under the general direction of the Board.(F) Subject to the approval of the Board, contracting with a corporation to perform some of the duties of the Authority, or to render expert and technical assistance in the operation of the Authority. The contract must not exceed a three-year term. A corporation contracted pursuant to this section must have a minimum of five years of experience in the operation of an electrical power utility of similar or greater scope than the Authority.(G) Performance of any other powers or duties delegated by the Board.
(1) The Executive Director shall be appointed by the Board exclusively upon the basis of merit as determined by technical training, skill, experience, and other qualifications best suited to carrying out the purposes of the Authority. The Executive Director, at a minimum, shall possess combined minimum 10 years of documented experience successfully managing a public or private utility or business activity similar, or greater, in scope and size to the Authority, and either graduation from an accredited institution of higher education with (i) a bachelor's degree or higher in business or public sector management, or closely related field or discipline, or (ii) graduation from an accredited institution of higher learning with a bachelor's degree or higher in engineering or engineering technology. The Executive Director shall be removable by the Board but only for cause and after notice and an opportunity to be heard.
(2) The powers of the Executive Director include the following:(A) Enforcement of all regulations of the Authority.(B) Attendance at all meetings of the Board and submission of a general report of the affairs of the Authority.(C) Advisement of the Board as to the needs of the Authority and approval demands for the payment of obligations of the Authority within the purposes and amounts authorized by the Board.(D) Preparation of or causing to be prepared all plans and specifications for the construction of the works of the Authority.(E) Selection and appointment of the employees of the Authority, except as otherwise provided by this chapter, and the planning, organization, coordination and control of the services of the employees in the exercise of the powers of the Authority under the general direction of the Board.(F) Subject to the approval of the Board, contracting with a corporation to perform some of the duties of the Authority, or to render expert and technical assistance in the operation of the Authority. The contract must not exceed a three-year term. A corporation contracted pursuant to this section must have a minimum of five years of experience in the operation of an electrical power utility of similar or greater scope than the Authority.(G) Performance of any other powers or duties delegated by the Board.
(A) Enforcement of all regulations of the Authority.
(B) Attendance at all meetings of the Board and submission of a general report of the affairs of the Authority.
(C) Advisement of the Board as to the needs of the Authority and approval demands for the payment of obligations of the Authority within the purposes and amounts authorized by the Board.
(D) Preparation of or causing to be prepared all plans and specifications for the construction of the works of the Authority.
(E) Selection and appointment of the employees of the Authority, except as otherwise provided by this chapter, and the planning, organization, coordination and control of the services of the employees in the exercise of the powers of the Authority under the general direction of the Board.
(F) Subject to the approval of the Board, contracting with a corporation to perform some of the duties of the Authority, or to render expert and technical assistance in the operation of the Authority. The contract must not exceed a three-year term. A corporation contracted pursuant to this section must have a minimum of five years of experience in the operation of an electrical power utility of similar or greater scope than the Authority.
(G) Performance of any other powers or duties delegated by the Board.
(e) The Chief Financial Officer of the Authority must be appointed by the Executive Director exclusively upon the basis of merit as determined by technical training, skill, experience, and other qualifications best suited to carrying out the purposes of the Authority. The Chief Financial Officer is removable by the Board but only for cause and after notice and an opportunity to be heard. The Chief Financial Officer must be, at a minimum, a have an advanced degree in business or financial management, accounting, or financial analysis and possess five years of documented, progressively responsible experience at a public/private utility, a major company or division of a large corporation. The Chief Financial Officer must have full charge and control of the fiscal, business and accounting operations of the Authority, subject to the supervision of the Executive Director and Board, and the Board shall fix the Chief Financial Officer’s compensation.
(f) The Board shall hire Board Counsel who must have been admitted to practice law in the Virgin Islands. The Board Counsel works solely for the Governing Board and shall advise the Board on all legal matters and may represent the Governing Board in connection with legal matters before the Legislature, boards and other agencies of the Territory.
(g) The Board may contract with a corporation to perform any or all of the duties and to exercise any or all of the powers of the Executive Director as provided in this section. However, if the Board decides to contract with a corporation to perform all of the duties and to exercise all of the powers of the Executive Director, the contract must not exceed a term of three years. The company contracted pursuant to this section must have a minimum of five years of experience in the operation of an electrical power utility of similar, or greater, scope than the Authority, and the contract must be submitted to the Legislature of the Virgin Islands for its approval.
(h) All property, personnel, records, contracts, leases, rights, franchises and unexpended balances of appropriations and funds of the Commissioner of Public Works or the Department of Public Works, relating to water supply, including the distribution system, are hereby transferred to the Authority, effective at such time as may be determined by statute; Provided, That any personnel so transferred who are found to be in excess of the personnel required for the efficient administration of the functions of the Authority, shall be retransferred under existing law to other positions in the Government of the Virgin Islands.
(i) The transfer to the Authority of all personnel of the Virgin Islands Corporation employed in connection with its water and power supply (including water distillation) and distribution functions is hereby authorized in the event that the Authority shall acquire, in accordance with section 105(6) of this title, the Electric Power and Water Distillation Systems of the Virgin Islands Corporation; provided, that any personnel so transferred who are found to be in excess of the personnel required for the efficient administration of the functions of the Authority shall be retransferred to other positions in the Government of the United States Virgin Islands.
(j) Any employee of the Government of the Virgin Islands or of the Virgin Islands Corporation transferred to and retained by the Authority pursuant to subsections (h) and (i) of this section shall be credited by the Authority with the amount of accumulated and current accrued annual leave to which he is entitled under local or federal law, as the case may be, and for which leave such employee has not received lump-sum payment.
(k) The Board shall credit employees transferred pursuant to the provisions of subsection (h) of this section with all accumulated sick leave, and shall provide such other benefits equivalent to other employees of the Virgin Islands Water and Power Authority, but in no case shall transferred employees receive less benefits than they are receiving as employees of the Government of the Virgin Islands.
(l) No employee transferred pursuant to subsections (h) and (i) of this section shall be reduced in pay.