Dear Source:
The people of the United States are represented by elected officials at both the federal and state levels. The collective people of the United States are the government according to our Constitution. In this republican form of government, we vest our dreams, aspirations and hopes in elected officials who we hope will act on our behalf when making decisions about how our nation can best benefit us. The people of the Virgin Islands have the same hopes and aspirations as any place within the American political system and like the American system, we have the same republican form of government. Every American knows that the government oftentimes fails to provide the leadership we need to keep our hopes and dreams alive and that is due mainly to the awesome size of government itself. At the federal level, it has become abundantly clear that the people are so far removed from having a direct say in how our lives will be affected by government initiatives that we, as a people, have almost given up the idea that we can ever directly affect change. At the state levels, the government is far less bureaucratic and the peoples of the several states have had a greater say the democratic process. This is due mainly because the states have chosen, through constitutional means, to limit government intervention in both their legislative and executive branches. Primary among these limits is the size of government itself, especially in the way elected officials perform their duties.
The Virgin Islands is the only place within the American system that does not have a constitution of its own. As early as 2008, that can all change as the electorate of the Virgin Islands will vote on our first Constitution. Our elected constitutional delegates are now attempting to create the wording and workings of a document that will affect the way our government will function. If our delegates follow the lead of the states, we have an opportunity to create a better government with the same type of limits that the states have enjoyed in terms of the actual size of government. The first consideration must be limits on the composition of the legislative branch.
Of the 50 states, only 4 have full-time legislatures: California, Michigan, New York and Pennsylvania. All states, with the exception of Nebraska, have bi-cameral legislatures (house and senate). In the American system, only Nebraska, Guam and the Virgin Islands have unicameral legislatures (one body). The other 46 states have part-time legislatures in that there are limits on how often the legislature actually meets. Legislators actually are elected to multi-year terms but the constitutions of these states limit the length of sessions and require elected officials to serve their constituencies during those times when not in session. This means that elected officials must spend their time among the people when the legislature is not in session. This creates a better relationship between the elected official and the people they serve. Generally, depending on the state, the length of a session is limited to a few months with special sessions called when dealing with specific issues. In most states, legislatives sessions begin in January and end before the summer months begin. Of the 46 part-time state legislatures, only 38 allow yearly salaries. The remaining states pay stipends on either a daily or weekly basis and 2 states have no pay except per diem compensations are given. These session and pay limits have worked well throughout the United States and could work well in the Virgin Islands. Of all the legislatures in the American system, the highest compensations are those 4 states that have full-time legislatures. California pays the highest at $113, 098 per year followed by Michigan at $79,650, New York at $79,500 and Pennsylvania at $73,613. All states, except 5, pay additional per-diem or expenses. The Virgin Islands has a variable rate of pay for its Senators based upon the lowest pay of any government official in the executive branch, currently that salary is $85,000 which makes the Virgin Islands legislature the second highest paid legislature in the American system The Virgin islands Senators also receive additional compensation for expenses.
The several states have been able to represent their constituents fairly through the federal guidelines which require equal representation based on population. In the Virgin Islands, with a 15 member legislature, it is required to have at-large legislators in order to meet this federal mandate. If at-large positions were eliminated and district representation became a reality, especially for St John, the composition of the legislature would change to 21 members based on the current population. Another national consideration is that there are approximately 7600 total legislatures in the entire United States who serve 300 million people or an average representation of about 40,000 persons. The 15 Virgin Islands Senators, with an estimated population of 115,000, represent approximately 8000 persons each.
Our Constitution must follow the lead of the states by limiting the sessions of the legislature and limit compensation of elected officials thus reducing the cost of government. I would suggest the Virgin Islands Constitution contain language that limits legislative sessions, compensates on a stipend basis and limits per-diems and benefits. The maximum budget of the legislature must be established by the constitution. What must be realized from most state constitutions is that being an elected official is not a job, it is a public service. Seventeen states allow legislators to work second jobs because the average yearly compensation of these elected officials rarely rises above $16,000.
Of course, there are many other areas of government that must be reformed and it is hoped the constitutional delegates will address these areas with logic and with the needs and desires of the Virgin Islands people in mind.
Paul Devine
St. John
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