Virgin Islands Carnival Committee, Inc. v. Legislature of the Virgin Islands

46 V.I. 33, 2004 V.I. LEXIS 8
CourtSupreme Court of The Virgin Islands
DecidedOctober 22, 2004
DocketCivil No. 336/2004
StatusPublished
Cited by1 cases

This text of 46 V.I. 33 (Virgin Islands Carnival Committee, Inc. v. Legislature of the Virgin Islands) is published on Counsel Stack Legal Research, covering Supreme Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Virgin Islands Carnival Committee, Inc. v. Legislature of the Virgin Islands, 46 V.I. 33, 2004 V.I. LEXIS 8 (virginislands 2004).

Opinion

MEMORANDUM OPINION

(October 22, 2004)

Before the Court are Plaintiffs’ action for declaratory judgment and for injunction, Defendant Government of the Virgin Islands’ (“GVI”) responsive brief, Defendant Legislature of the Virgin Islands’ (“Legislature”) memorandum in response to Plaintiff’s motion to dismiss, Plaintiffs brief on the merits, Defendant GVI’s opposition to Plaintiffs motion for extension of time and motion to dismiss action for mootness. Plaintiffs seek a declaration that Defendants GVI and Legislature have no right to financial information beyond that which has been reported to Defendants annually since 1992, and an order enjoining the Virgin Islands Inspector General (“Inspector General”) from conducting a proposed audit and enjoining the Legislature from compelling the Plaintiffs to appear before its Committee on Finance. For the reasons stated more fully herein, the Plaintiffs’ request to enjoined Defendant GVI,1 acting by and through the Inspector General, from conducting an audit of the Virgin Islands Carnival Committee, Inc. is DENIED.

FACTS

Plaintiff Virgin Islands Carnival Committee, Inc. (“VICC”) is a nonprofit private corporation duly organized and existing under the laws of the United States Virgin Islands since 1976. Plaintiff Kenneth Blake (“Blake”) is the duly elected Chairman of VICC. Plaintiff Caswil Callender is the Executive Director of VICC. Plaintiff Derrick A. Gumbs (“Gumbs”) is the duly elected Treasurer of VICC. Pursuant to its Articles of Incorporation signed 31st March 1976, VICC’s objectives and puiposes are to promote, supervise and direct all activities relating to the celebration of the annual Virgin Islands Carnival (“Carnival”), as well as, to assist in the promotion and celebration of lesser festival activities, including neighborhood festivities. Presently, VICC promotes, supervises and directs all official activities relating to the celebration of the annual Carnival.

[35]*35The Legislature appropriates and the Department of Housing, Parks and Recreation (“HP&R”), a department of GVI, grants annually to VICC funds from the Virgin Islands Treasury to assist VICC in putting on the annual Carnival activities. In 1999, VICC received $300,000 from HP&R for Carnival activities. In 2000, VICC received $250,000 from HP&R for Carnival activities. In 2001, VICC received $300,000 from HP&R for Carnival activities. In 2002, VICC received $900,000 from HP&R for Carnival activities. In 2003, VICC received $325,000 from HP&R for Carnival activities. And in 2004, VICC received $350,000 from HP&R for Carnival activities.

In addition to the money, GVI each year allows VICC to use without charge the Lionel Roberts Stadium, Fort Christian Parking Lot, and Emancipation Gardens for the Carnival activities held at those locations. Each year GVI foregoes substantial revenues from parking fees to allow VICC the exclusive use of the Fort Christian Parking Lot for the Carnival Village. The GVI bears many auxiliary costs associated with the Carnival activities, including but not limited to, expenses to provide security, cleanup and trash removal by its various departments. GVI also provides its employees with administrative leave to participate and attend certain Carnival activities such as the food fair, J’ouvert and children’s parade. The Department of Tourism actively markets the annual Virgin Islands Carnival celebrations at substantial costs to GVI.

VICC pursuant to the miscellaneous disbursement vouchers given with the foregoing payments received from HP&R agreed to submit the required financial reports with invoices, receipts and cancelled checks covering the cost incurred for all events to HP&R in accordance with Section 29 of Title 2 of the Virgin Islands Code. Since 1992, VICC has been required to submit certain financial information to Legislature and GVI, and VICC has submitted unaudited financial reports. By letter dated March 1st, 2002, HP&R’s Commissioner, Ira M. Hobson, informed VTCC’s Executive Director, Caswil Callender, that the VICC’s financial reports were not in compliance with 2 V.I.C. § 292 because [36]*36VICC failed to submit copies of invoices, cancelled checks and/or receipts with the reports. In October 2002, Plaintiff Callender wrote to HP&R’s Commissioner, Ira M. Hobson, and agreed to provide photocopies of the required checks and receipts.

GVI, acting by and through the Inspector General, in a letter dated September 16th, 2002 notified VICC that it planned to conduct an audit of VICC. In letter dated October 16th, 2002, VICC objected to the Inspector General conducting an audit of a private corporation. The Inspector General sought advice from the Virgin Islands Attorney General (“Attorney General”) on the issue of whether the Inspector General has authority to audit VICC. The Attorney General issued an advisory letter dated September 22nd, 2003 stating that the office of the Inspector General can audit the books and records of the VICC to review the receipt and use of GVI’s funds. The Attorney General concluded that there is no question that HP&R is a department of GVI and sponsors VICC as a program, and therefore, pursuant to V.I. ANN. Code, tit. 3, § 1203(a)(4)3, the Inspector General has the authority, if not the duty, to audit VTCC’s books. In a letter dated April 1st, 2004, the Attorney General clarified the advice given in its September 22, 2003 advisory letter, in response to VICC Executive Director Callender’s letter dated March 4th, 2004 addressed to the Inspector General. The Attorney General citing to 3 V.I.C. § 1203(a)(1)4 repeated his assertion that the [37]*37Inspector General has the authority and the duty to audit all programs and operations of GVI. The Attorney General opined that as a result of substantial government funding, the VICC is clearly a program sponsored by GVI, and because VICC commingled government funds with non-government funds, the Inspector General can audit all the books of VICC in order to follow GVI’s monies.

In May 2004, the Committee of Finance of Legislature served Plaintiffs Blake and Gumbs with subpoenas to compel Plaintiffs to testify at a hearing set for June 4th, 2004 and produce at such hearing “the list of all donor (sic) and the amounts each given (sic) in-kind or monetarily; all contracts with calypsonians, all contracts for services, all documents on all revenues received for each event, and all list of all expenses for each event.” In a letter dated June 3rd, 2004, the Plaintiffs objected to the production and submission of the aforementioned documents and information to the Legislature, its Committee on Finance, or any other legislative committee.

Plaintiffs VICC, Blake, Callender and Gumbs then filed this action on July 9th, 2004 for declaratory judgment or to enjoined Defendants Legislature and GVI. The Legislature’s Committee on Finance rescinded its May 28th, 2004 subpoenas, which were served on Plaintiffs Blake and Gumbs, and reissued subpoenas to Plaintiffs Blake, Callender and Gumbs in July 2004.

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46 V.I. 33, 2004 V.I. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/virgin-islands-carnival-committee-inc-v-legislature-of-the-virgin-virginislands-2004.