Question For The PFA: Whose Money Are You Spending?
The "Eye of Horus" or "All Seeing Eye", displayed on the letterhead of the VIPFA, has an interesting history. See link at the end of the article.
For the past few months we have watched members of the Virgin Islands Public Finance Authority (PFA) repeatedly defy requests from the Legislature on the nature and form of their activities.
The most recent example was last Monday, when PFA Executive Director Julito Francis refused to answer a question from Sen. Adlah “Foncie” Donastorg related to reports that the PFA has authorized the use of public funds to defend government officials in a civil suit filed in the Mafoliegate matter.
But since the beginning of the hearings into the Mafolie matter, everyone from the PFA Executive Director down to operatives like Cherrie Wallace-Cole have refused to answer questions from the Legislature and have been allowed to walk away without sanction of any kind.
So is it any wonder they feel empowered to do it?
As early as last August, following yet another contentious meeting between the Senate and members of the Finance team, deJongh issued a statement that authorized representatives of his Administration to walk out of hearings if they felt they were being “abused.”
The so-called abuse was triggered by the team’s evasive and defensive responses to Senate inquires about financial obligations owed to vendors. Much of the information that should have been available for review was not, and responses were dismissive and indirect.
We said then, and we repeat, that the Governor’s action gave them his authority to walk out when they feel the heat is too high. “It will be the new “Fifth Amendment” for these officials, who will feel free to say “I decline to answer based on the Authorization of the Governor” before they walk out of a hearing,” we wrote.
And as recently as last Monday, Senate President Louis Patrick Hill told Francis he was entitled to “take the Fifth” rather than answer Donastorg’s question about the PFA funds and their reported use for legal defense. And when Donastorg pushed a motion to subpoena the relevant documents, only four Senators voted yes, not enough to pass the motion, when there were enough senators there to represent a quorum, including Sen. Neville James, whose committee has held two hearings investigating the Mafolie matter.
If these people aren’t going to be forced to testify, and the Senate won’t support a subpoena, then we may not learn the answer to this question until the matter goes to court.
According to the PFA website, the last scheduled meeting was to be held on March 8 and a document labeled “Agenda” was available on the site. (attached below). But it’s not an agenda – it is simply a press release announcing the meeting and no agenda items are listed. So we don’t have any way of knowing whether the matter of legal defense funds was discussed. And, as no minutes of these meetings are attached to the site, there’s no way to check on whether action was taken if they were.
The PFA is a public corporation charged with the management of public money. How is it possible that its members have the option of refusing to disclose what they are doing with it?
Why would the Senate president reinforce this behavior by stating that Francis could “take the Fifth?” Why wouldn’t the Senators who did not vote, particularly Sen. James, get back to their seats to support the motion to subpoena the documents? Don’t they want to know whether this use of funds has taken place?
If it did happen, and the rationale (as we’ve been hearing although no one wants to admit that it happened) is that the defendants in the case are being sued because of their government roles and that’s why the defense money is being appropriated, then why not admit it? The suit names them as private individuals, but an explanation would at least have offered some insight into why they felt those funds would be dispersed in that way.
And if it didn’t happen, why not shut it all down by just saying no?
As it stands, we know of $490,000 in public funds, issued through the PFA and ratified months after they were expended, that were used to renovate the Governors Estate Mafolie private residence. If it is determined that additional PFA funds have been appropriated for legal fees, reportedly as much as another $190,000 in total, then the bill for this malfeasance is getting extremely high.
This would be egregious in any case – but what does it say that even in an election year, some members of the Senate will not insist that these questions are answered and use whatever means are at their disposal to make it happen?
We guess we’ll see them in court.
And, guess who designed the PFA logo: None other than former Director of Administration and Finance, Ken Mapp!!!
Mapp For Governor 2010!!!!!!!!!
It is time for new leadership. No recycled candidates who have a traceable record of inflicting hardships on the populous.
What about Positive running with Nellie???? WOW, we might see some get-down-and-dirty actions if this were to happen…hmm
Foncie is the one on the right track as usual.
We’re not voting for Foncie. PERIOD.
Who is “WE”? If that is my best choice, then he gets my vote, if he runs. Don’t speak for me.
Where is the mainstream media asking to review the PFA board meeting minutes approving legal fees for PFA officers?
If the actions were taken in Executive Session, then the law requires an audio recording of the Executive Session. These recordings can be subpoenaed.
Anony at 8:38PM…we ARE voting for Foncie! EXCLAMATION MARK!
NEVILLE JAMES KNOW EXACTLY WHAT IS GOING ON.STOP TRYING TO COVER UP FOR THIS ADMINISTRATION.WHEN THE MOTION WAS CALLED,YOU AND SENATOR RICHARDS WALK OFF THE SENATE FLOOR.SENATOR RICHARDS THE ADMINISTRATION HAVE THE GOODS ON YOU.REMEMBER THE SEXUAL HARRASSMENT LAWSUIT.PUBLIC FUNDS PAID FOR THAT LAWSUIT,THATS THE REASON WHY YOU WALK OFF THE SENATE FLOOR WHEN THE MOTION WAS CALLED TO SUBPOENA THE DOCUMENTS FOR LEGAL FEES FROM THE PFA.IF YOU WOULD OF VOTE ON THAT MOTION,THE ADMINISTRATION WOULD OF RIP YOU APART.STOP TRYING TO FOOL THE PEOPLE.I WAS ONE OF YOUR BIGGEST SUPPORTERS HERE ON ST CROIX.YOU GUYS COULD OF BEEN GOOD SENATORS,BUT YOU GOT CAUGHT UP IN ALL THIS MESS.SHAME ON BOTH OF YOU BANDITS.
The more I read the more I get amazed by my people. There is either a very dark side in this community that believe corruption is okay and a way of life or,
there is big problem in our community where some people still don’t get it that these are serious times.
Here again Senator Donastorg has the courage to stand up for our people and get to the bottom of why didn’t the sealing stop to only get criticize by some in our community. Purely madness!
I have never been so convinced that Senator Donastorg is the right person and the right time to become the next governor of the Virgin Islands. In light of his own personal hardships as an result of being set up this man continues to stand up for us. Truly remarkable display of unselfishness and dedication for his people. Not to even include the personal hardships his family must endure as he stands up for us.
How ungrateful some in this community can be towards a man that displays the type of strenght that frankly must be coming from the man above.
Senator Donastorg my decision is final. You have earned my respect and admiration. I will vote for you in the primary and then again in the general elections.
I ask Virgin Islanders and all others residences that will be voting in our election to weigh the consequences of another four more years of the same environment of corruption. I just don’t see how we can survive as a community in such corruption without a Federal take over.
Are we going to handle our business?
Chapter 15.
The Virgin Islands Public Finance Authority
§ 919. Charter of the Authority
The Charter of the Authority shall be as follows:
FIFTH: (E) Members of the Board, while acting WITHIN the scope of their authority as directors or officers, shall not be subject to any personal or civil liability resulting from the exercise of any of the Authority’s purposes, duties or responsibilities, UNLESS the conduct of the member is determined by a court of competent jurisdiction to constitute willful wrongdoing or gross negligence.
§ 920. Legislative approval
Notwithstanding any provision of this chapter to the contrary, except for any indebtedness involving special obligations issued to finance a project for the benefit of a private party, and payable out of the revenues generated by the involved project and/or payable to the Authority by said private party, the Authority shall be authorized to finance, to make loans for or otherwise to apply its funds, including funds derived from dividend payments and interest earned from bond proceeds only to those projects specifically approved and authorized by the Legislature of the United States Virgin Islands or any agency, instrumentality, commission, authority or political subdivision of the United States Virgin Islands.
Foncie & “POSITIVE” please pay for spots on the radio and stop using the free advertisement of CIF to knock down your colleagues or candidates for governor. Getting sick of you guys, that’s why the people are looking elsewhere to give their votes.
I doubt we can find anyone void of a corrupt past to run for governor much less head up our agencies.
All are at the trough getting ‘theirs’ and to hell with us getting ‘ours’….much less listening to us. If it does not get extra money into their hands, nothing gets done.
Donastorg has never been attached to any kind of corruption.
So now we’re supposed to believe that Usie Richards and Neville James are aligned with the DeJongh administration? OK. Whatever.
they are absolutely aligned with this administration for their own self presevation.
Well this makes no sense to me because everybody’s saying that DeJongh is in trouble on St Croix. I believe this is some hoax to get people to get voters to malign Usie and Neville to help some other candidate, but it’s not going to work. We’ve been watching and listening and they are not our problem.
Yes, it is absolutely about self preservation. This Administration has proven they are willing to do ANYTHING to stay in power. Almost everyone is intimidated.
Well Usie, Neville, along with Positive and Nellie have shown they ain’t intimidated by DeJongh. Maybe the others might be afraid, but not this group. Mapp beat DeJongh in St.Croix last time so they don’t have nothing to worry about. I suggest whomever trying this ploy to wheel and come again.
Vote for positive then.