Title 3, Executive
37 chapters · 589 sections in this title.
3 V.I.C. § 451 Definitions
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As used in this chapter, unless it is otherwise provided or the context requires a different construction, application, or meaning— “appointing authority” means the Governor or any other officer or person having the authority to make appointments in the Government Service; “Board…
3 V.I.C. § 451a Career service and exempt positions
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(a) The Government Service includes the career service and the positions exempted from the career service. (b) The exempt positions are those of—(1) department heads, Assistant Commissioners and Deputy Commissioners and members of boards, commissions or other bodies appointed by …
3 V.I.C. § 451b Temporary assignment of Federal personnel
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(a) The Government of the Virgin Islands may hire federal employees pursuant to the Intergovernmental Personnel Act (IPA) Mobility Program, codified at 5 U.S.C. § 3371 through § 3376. The Government shall execute a written agreement with the federal agency and the assigned employ…
3 V.I.C. § 452 Powers and duties of Director of Personnel
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(a) The Director of Personnel shall be appointed by the Governor, with the advice and consent of the Legislature, and shall hold office during the continuance in Office of the Governor by whom he is appointed and until his successor is appointed and qualified, unless sooner remov…
3 V.I.C. § 452a Employment program for senior citizens
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The Director of Personnel is authorized and directed to develop a program for the employment of senior citizens, which program shall be subject to the approval of the Governor. The program may include part-time employment with departments, agencies, or instrumentalities of the Go…
3 V.I.C. § 453 Force and contents of rules
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(1) The rules adopted under section 452 of this title shall have the force and effect of law, and among things they shall provide for—(1) the method of administering the classification plan and the pay plan;(2) the establishment, maintenance, consolidation, and cancellation of li…
3 V.I.C. § 454 Exercise of powers of Director of Personnel
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The powers conferred upon the Director of Personnel by sections 452 and 453 of this title shall be subject to the provisions of this chapter and of the rules referred to in such sections, and may be exercised by regulations or orders as the Director of Personnel deems appropriate…
3 V.I.C. § 455 Selection of personnel to act as examiners; expenses
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The Director of Personnel may select officers or employees in the Government Service to act as examiners in the preparation and rating of tests. A department head shall excuse any employee in his department from his regular duties for the time required for his work as an examiner…
3 V.I.C. § 456 Records relating to Government Service
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Notwithstanding any rule concerning confidentiality, a government employee is entitled to inspect his or her personnel file to the extent permitted under chapter 16 of Title 24 or to the extent permitted by a collective bargaining agreement between the government and the bargaini…
3 V.I.C. § 457 Construction with other laws
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This chapter shall be subject to the provisions of section 96(a)(6) of this title, and chapter 11 of Title 17.
3 V.I.C. § 471 Meetings of Commission
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The Commission shall meet at such times and places as its chairman specifies at least once every two months, or as specified by call of the Director of Personnel. Three members of the Commission shall constitute a quorum for the transaction of business.
3 V.I.C. § 472 Powers and duties of Commission
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(1) In addition to the powers and duties imposed upon it elsewhere in this chapter, the Commission—(1) shall represent the public interest in the improvement of personnel administration in the Government Service;(2) shall advise the Director of Personnel and the Governor on probl…
3 V.I.C. § 473 Oaths, testimony, and production of records
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The Commission, and each member of the Commission, may administer oaths, subpoena witnesses, and compel the production of books and papers pertinent to investigations or hearings authorized by this chapter.
3 V.I.C. § 492 Coverage
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(a) The position classification system established by this subchapter is applicable to all positions in the Executive Branch of the Virgin Islands Government except as provided in subsection (b) of this section. (b) The position classification system is not applicable to—(1) a po…
3 V.I.C. § 492a Coverage of annuitants who reentry government service
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(a) The position classification system established by this subchapter is applicable to all classified positions in the Government of the Virgin Islands of government annuitants who reenter government service pursuant to chapter 27 or 28A of this title, under the conditions establ…
3 V.I.C. § 493 Subsystems
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(a) Within the Position Classification System, positions shall be classified in one of the three subsystems provided in subsections (b), (c), and (d) of this section. (b) There shall be a Craft and Labor Position Classification Subsystem (hereafter called the Craft and Labor Syst…
3 V.I.C. § 494 Position classification under the Education System
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(a) Positions determined by the Director of Personnel to be under the Education System shall be placed in appropriate grades of that schedule in accordance with the following provisions:Grade 1—In this grade shall be placed a position occupied by a person who has graduated from h…
3 V.I.C. § 495 Position classification under the General and Craft-Labor Systems
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(a) The Director of Personnel shall determine the assignment of a position to the Craft and Labor System or to the General System. (b) Within the appropriate system, each position shall be assigned to the appropriate grade, based upon comparison of relative experience and trainin…
3 V.I.C. § 496 Classification appeals
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(a) Any employee affected by the classification or allocation of a position shall file with the Director of Personnel a written request for review of such classification or allocation, within thirty (30) days thereafter and shall be given a reasonable opportunity to be heard ther…
3 V.I.C. § 497 Service standards and ratings
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In cooperation with the department heads, the Director of Personnel shall establish, and shall from time to time amend, standards of performance for employees in each class of positions subject to the position classification system provided in this subchapter, and shall establish…
3 V.I.C. § 521 Competitive examinations
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Except as otherwise specified in this chapter, all appointments and promotions to positions in the classified service shall be made on the basis of merit and fitness, to be ascertained by competitive examinations.
3 V.I.C. § 522 Entrance and promotion tests; former Federal Government employees; former employees in unclassified service
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(a) The Director of Personnel shall from time to time conduct such entrance tests and promotion tests as he considers necessary for the purpose of establishing employment lists and promotion lists. The tests shall be competitive and shall be of such character as to determine the …
3 V.I.C. § 523 Admission to tests; rejections and removals; appeals
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(a) Admission to tests shall be open to all persons who are desirous of taking the examination in accordance with specified regulations issued by the Director of Personnel with the approval of the Governor. The Director of Personnel may, however, reject the application of any per…
3 V.I.C. § 524 Results of tests; ratings and lists; notice; inspections; correction of errors
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The rating of each test shall be completed and the resulting list established not later than thirty days after the date on which the test was held, unless such time is extended by the Director of Personnel for reasons which he shall record in the official records of his office. E…
3 V.I.C. § 524a Removal of material from personnel files
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Any employee or agent of the Government of the United States Virgin Islands who willfully removes or causes to be removed any item or items from an employee's personnel file for the express purpose of denying or withholding such item or items from an employee shall be dismissed f…
3 V.I.C. § 525 Ratings of veterans of armed forces
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(a) For the purposes of this section “Veteran” means a person who served in the active military service of the United States, and who was discharged or released therefrom under conditions other than dishonorable (b) For the purposes of this section “disabled veteran” means a vete…
3 V.I.C. § 526 Certification and appointment from lists
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Procedure Procedure (a) Whenever a department head wishes to fill a vacancy in the classified service, he shall submit to the Director of Personnel a statement showing the position to be filled and the duties of the position. The Director of Personnel shall then certify to the ap…
3 V.I.C. § 527 Probational appointments; reports to Director of Personnel; removals
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Every person appointed to a position in the classified service from a list shall serve a probational period or working test before being given a status as a regular employee. The probational period shall begin on the effective date of appointment to the position, and shall contin…
3 V.I.C. § 528 Provisional appointments; period; permanent appointments of provisional or emergency employees
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Whenever a department head desires to fill a vacancy in the classified service, and the Director of Personnel cannot certify eligibles for such vacancy because there is not an appropriate list or because there is not a sufficient number of persons on the appropriate list who are …
3 V.I.C. § 528a Transition appointments
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Transition appointments shall be made from the highest ranking eligibles on an appropriate register or list kept for such appointments and may be made to provide personnel for specified local programs or federally-funded programs designed to be of more than six months but less th…
3 V.I.C. § 528b Temporary appointments; federally funded appointments
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(a) Temporary appointments. (1) (A) “Temporary appointment” means an appointment of an employee made to a position for a specified timeframe not to exceed a period of one year.(B) Temporary appointments must be filled utilizing certification and appointment procedures which are t…
3 V.I.C. § 529 Emergency appointments; maximum employment periods; restrictions
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When an emergency makes it impossible to fill a position in the classified service under any other provision of this chapter the appointing authority may appoint any qualified person to such position in order to prevent stoppage of public business or loss or serious inconvenience…
3 V.I.C. § 530 Dismissals, demotions, and suspensions; procedure
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(a) (1) Notwithstanding any other provision of law, in any case after January 1, 1977, before a head officer of an executive department, agency or instrumentality of the Government dismisses, demotes or suspends a regular employee of a department, agency or instrumentality of the…
3 V.I.C. § 530a Judicial review
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(a) Any party aggrieved by any final order of the PERB issued under section 530 or 531 of this chapter, may appeal to the Superior Court of the Virgin Islands. An application for review must be filed within 30 days after the date of the Final Order and name the PERB as a party re…
3 V.I.C. § 531 Discrimination on account of nonmerit factors; appeals
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(a) No question in any form of application or in any examination shall be so framed as to elicit information concerning the political or religious opinions or affiliations or race, age or sex of any applicant, nor shall any inquiry be made concerning such opinions or affiliations…
3 V.I.C. § 532 Dismissal without prejudice
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The name of any employee who has been employed within the Government of the United States Virgin Islands for a period of one year or more and dismissed without prejudice shall be placed on a reemployment list. If an employee of any department, board, commission, agency, authority…
3 V.I.C. § 533 Persons who may not be employed
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No person who has been convicted of a crime involving the abuse of any child, as defined by Title 19, chapter 9, of this code, shall hold any position in the government in which he may employ, instruct, counsel or supervise children as defined in Title 19, chapter 9 of this code.
3 V.I.C. § 534 Transfer to other districts
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(a) Notwithstanding any other law, an employee of any department or agency of the executive branch or central staff of the legislative branch of the Government of the United States Virgin Islands shall be allowed to transfer between districts provided he can demonstrate that due …
3 V.I.C. § 535 Mandatory Drug Testing of Peace Officers
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All peace officers of the Government of the Virgin Islands, as defined under the provisions of Title 5, section 3561 of this code, shall be required to submit to random drug testing. The policy and procedure for testing shall directly reflect, as much as practicable, the federal …
3 V.I.C. § 540 Short title
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This subchapter may be cited and referred to as “The Virgin Islands Public Officials Compensation Commission Act.”
3 V.I.C. § 541 Definitions
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(a) In this subchapter the terms have the meanings unless the context determines otherwise:(a) “Commission” means The Virgin Islands Public Officials Compensation Commission as established in section 542 of this subchapter.(b) “Government” means the three branches of the Governme…
3 V.I.C. § 542 Establishment and composition
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(a) The Virgin Islands Compensation Commission is established within the Division of Personnel for budgetary purposes only. (b) The Commission is composed of nine members, none of whom is an official or employee of the Government of the Virgin Islands, or of any department, agenc…
3 V.I.C. § 543 Procedures
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(a) Beginning in January 15, 2021, and every four years thereafter, the Governor shall convene a Commission to conduct a review of the salaries, expense allowances, and other emoluments of the Governor; the Lieutenant Governor; members of the Governor’s cabinet, including the Att…
3 V.I.C. § 544 Recommendations
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(a) The Commission shall submit to the Governor, the President of the Legislature, and the Chief Justice of the Supreme Court no later than May 1 of the fourth year of each term of the Commission a report of the results of the review conducted by the Commission of the offices and…
3 V.I.C. § 545 Term
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The term of each Commission expires upon submission of the recommendations. The Governor, the President of the Legislature and Chief Justice of the Supreme Court shall appoint members to the next Commission no later than November 30 following the submission of the Commission’s re…
3 V.I.C. § 546 Legislative action
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The Legislature shall act upon the recommendations of the Commission not later than 90 days after the recommendations have been submitted to the Legislature. Nonaction on the recommendation within the 90-day period is deemed an approval by the Legislature of the recommendations. …
3 V.I.C. § 551 Purpose and coverage
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This subchapter contains the pay policies and pay schedule applicable to positions covered by subchapter III of this chapter.
3 V.I.C. § 551a Pay-differential for certain nursing and nonprofessional government hospital personnel
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All nursing and nonprofessional personnel, whose duties primarily require their physical presence on duty in the Tuberculosis or Neuro-Psychiatric units of government hospitals, shall be paid a differential of fifteen percent of the pay to which they would otherwise be normally e…
3 V.I.C. § 551b Increase in salaries of Deputy and Assistant Commissioners and Assistant Attorneys General
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Effective April 1, 1964, the salary of each Deputy Commissioner shall be increased by a sum not to exceed $500 per annum and the salary of each Assistant Commissioner and each Assistant Attorney General shall be increased by a sum not to exceed $1,000 per annum.
3 V.I.C. § 551c Increase in salaries of certain officers when designated for important functions
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Wherever necessary for proper administration of important government functions, the Governor in his discretion may designate one Assistant Commissioner in the Department of Public Works, one Assistant Commissioner in the Department of Education, one Assistant Commissioner of the …