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Governor's powers and limitations

The Governor shall have general supervision and control of all the departments, bureaus, agencies and other instrumentalities of the executive branch of the government of the Virgin lslands.”

So states the Elective Governor Act of 1968, the federal law that amended the Organic Act of 1954 and gave Virgin lslanders the right, for the first time, to elect their own governor. Prior to Gov. Melvin Evans' election in 1970, the territory's highest political office was appointed by the U.S. president.

The law's language provides only a hint of the power and responsibilities vested in the Governor's Office.

At the most basic level, a governor oversees the executive branch, which is charged with carrying out the laws passed by the Senate. But his powers are much greater than that.

 Governor can:

•  Appoint commissioners

The governor carries out the law through commissioners who head executive branch departments. The governor appoints and the Senate confirms all commissioners; a governor generally chooses commissioners who share his own political philosophy and beliefs to ensure his policies are enforced.

•  Hire and fire unclassified workers

The governor also has hiring privileges over several hundred other departmental officials and employees who are in unclassified service, serving “at the pleasure of the governor.” Only the commissioners must be approved by the Senate.

•  Issue executive orders

A governor can directly control the executive branch through executive orders, which carry the weight of law as long as they do not conflict with existing laws. Executive orders are a favorite gubernatorial tool, and because they are signed behind closed doors at Government House, and unless a governor chooses to publicize it, the public often has no idea when one is signed.

•  Propose legislation

The governor can send a proposed bill to the Senate, though it must be formally introduced in the Senate by a sitting senator. According to protocol, the Senate president traditionally introduces the bill, regardless of whether the Senate president supports it.

•  Call Legislature into special session

The governor can call the Senate into special session to consider specific legislation, usually a bill proposed by the governor himself. At such a special session, the Senate is not to consider any bill except that which is outlined in the governor's order.

•  Comment on legislation

The governor may testify before the Senate on any pending legislation, though he almost never goes before the body except to deliver the State of the Territory Address. Usually the governor's thoughts on a bill are conveyed by a commissioner or other Cabinet member.

•  Approve or veto legislation

The governor can sign a bill into law or can veto it outright. If the bill contains any spending measures, he can item-veto any portion of it while approving the rest of it.

•  Draft a budget

By May 31 each year, he is required to send the Senate an executive branch budget proposal for the next fiscal year, which begins Oct. 1.

•  Decide what gets funded

If appropriations exceed revenue, the governor and the Management and Budget director set spending priorities, deciding what gets funded and what does not — a significant power because in most years appropriations far exceed revenue.

•  Grant pardons

The governor has the power to grant pardons and reprieves.

•  Maintain law and order

The governor can call out the National Guard or the U.S. military during disasters, rebellions or at any other time he deems it necessary to prevent or suppress lawless violence.

Governor cannot:

Undo a veto override

If the Senate votes to override a gubernatorial veto, the bill becomes law. It can be undone only through new legislation to rescind the new law.

Spend V.I. money on his own

All government expenditures must first be approved by the Senate before the governor can allot and release the money.

Serve indefinitely

The governor is limited to two consecutive four-year terms, but can be elected again after one full term out of office.

 Governor's Offices

St. Thomas-St. John

21-22 Kongens Gade

St Thomas

774-0001

St. Croix

1131 King St., Suite 101 ,

Christiansted

773-1404






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