St. Croix Board of Elections Chairman Adelbert Bryan told a senate committee Wednesday afternoon he has taken personal possession of the V.I. Elections System’s St. Croix vehicle "to keep it safe," and is currently driving it himself.
"I have the key in my pocket," Bryan testified to the Housing and Government Services Committee. "It was not safe in the parking lot where they kept it. I have been using it," Bryan testified.
"So you are saying it is in your possession and you feel it has better security in your possession than in any government facility?" Committee Chair Diane Capehart asked. "Not really," Bryan replied, without further explanation of the need for security.
"It was only at the meeting when it was brought up that the vehicle is not a 24-hour vehicle that had to be parked at night. But Mr. Abramson’s son used the car," Bryan added, referring to the son of Supervisor of Elections John Abramson and a February meeting where the vehicle was discussed. That statement appears to indicate Bryan has knowledge that the vehicle he is parking at home is not permitted to be taken home.
Supervisor of Elections John Abramson is on extended medical leave and has submitted his retirement, scheduled for the end of May.
During the February St. Croix Board of Elections meeting Bryan mentioned Wednesday, some members raised concerns about anyone on the board using the vehicle, because it was purchased for use by the supervisor of elections and Election System staff, and did not belong to the board. Members also mentioned during the meeting that it was listed as a day-use-only vehicle.
V.I. Election System budget documents for 2013 list the vehicle as a 2007 Jeep Commander purchased for use by the Supervisor of Elections. The St. Croix Board of Elections is a separate entity with a separate budget from the V.I. Elections System, which owns the vehicle.
Bryan suggested Wednesday that the fact that police have not arrested him for taking the vehicle indicates his action was legal.
"It ain’t missing. If it were missing, the police would do something," Bryan said.
Bryan’s comments came at the very end of the hearing. He had been invited to testify, but had shown up the previous day with a letter saying he would not be available.
"You came into my office yesterday afternoon and handed me a letter saying you would not be here, that you declined. And yet here you are. My question to you is why the change of heart?" Capehart asked Bryan.
"There is no change of heart but a change of mind," Bryan responded. He proceeded to talk about working at a farm and listening to the hearing on the radio and not liking what he heard. He made several statements that did not quite apply to the question, such as "anybody can get a doctor’s note to not appear to this body but Bert Bryan doesn’t play those games. I am here to speak on the record. "
He also made several comments about a voting machine trade fair that occurred in 2010 and his view that Abramson and others have conspired against his agenda.
At a later point, Bryan said he initially declined to appear but then showed up halfway through as part of "a special strategy."
Other members of the St. Croix Board and Joint Board of Elections testified that morning that Bryan had also changed locks on the Election System’s leased offices in Sunny Isles, but lacked the authority to change locks or personally direct Election System staff.
Sen. Alicia "Chucky" Hansen asked about the locks, asking "was access removed illegally? Is the Joint Board the only one that has the power to terminate and also to change locks?"
"Yes," said St. Croix board member Rupert Ross to the members of the Government Operations Committee. "The territorial (Joint) board is the one that would make policy as it relates to the officers of the system," he said.
Member Raymond Williams added that Bryan had "said he was going to change the locks and the key to the vehicle, and that was his decision, not a decision of the board." Williams also said the Election System leases the building and does not "have the right to change the locks without the landlord’s consent."
The St. Croix board did vote in February to direct then-Deputy Supervisor of Elections James Weber III to change the locks, over Williams objection and that of member Lisa Harris-Moorhead. However, Weber subsequently resigned and Bryan subsequently personally arranged for the locks to be changed.
Harris-Moorhead, whose day job is as an attorney in the V.I. Legislature’s Office of Legal Counsel, objected at the time, saying V.I. law explicitly states only the Joint Board of Elections can hire, fire or suspend the supervisor, so the board cannot take actions that amount to the same thing, such as locking him out of the building.
"Are you saying the chairman had no authority to lock Mr. Abramson out?" Hansen asked Harris-Moorhead on Wednesday. "Yes," Harris-Moorhead responded.
Hansen also asked Harris-Moorhead about the vehicle, during the morning testimony, but she had not yet learned Bryan was driving it himself and said as far as she knew, it was parked at the Election System office.
"It was there at the time of our last meeting," Harris-Moorhead said.
Williams, Harris-Moorhead and Ross all testified that the V.I. Legislature needed to act soon to enact a number of election-law reforms. Several relate to changing dates for candidate filings, primaries and general elections, to meet the needs of federal law, while others relate to matters such as who can sign for the V.I. Election System imprest fund. No legislation was presented or discussed.
Several senators expressed concern over Abramson’s long leave of absence and the resignations of both deputy supervisors. Williams said the two deputy supervisor positions were about to be advertised and the positions should be filled by early May. He said he anticipated advertising for the supervisor position after Abramson’s retirement.
Before the end of the hearing, Capehart said she wanted to have a more thorough hearing, with both district board chairs and the Joint Board chair present and giving testimony. That hearing will be June 5 on St. Thomas, Capehart said. Bryan said he would not be able to come unless someone else arranged for his transportation. Capehart said she would discuss transportation with Senate President Shawn-Michael Malone and get back to Bryan.
Present were: Capehart, Hansen, Sen. Judi Buckley, Donald Cole, Clifford Graham and Terrence "Positive" Nelson. Sen. Nereida "Nellie" Rivera-O’Reilly was also present although not a committee member. Sen. Craig Barshinger was absent.
