48 U.S.C. § 1597

Reorganization of government

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 48 CasesGoogle Scholar

(a) Consolidation of departments, bureaus, etc.; popular election of school board members

The Governor shall, within one year after July 22, 1954, reorganize and consolidate the existing executive departments, bureaus, independent boards, agencies, authorities, commissions, and other instrumentalities of the government of the Virgin Islands or of the municipal governments into not more than nine executive departments except for independent bodies whose existence may be required by Federal law for participation in Federal programs. The head of each executive department other than the department of law shall be designated as the commissioner thereof, and the commissioner of finance shall be bonded. The head of the department of law shall be known as the attorney general of the Virgin Islands. Members of school boards, which entities of government have been duly organized and established by the government of the Virgin Islands, shall be popularly elected.

(b) Changes after examination from time to time

The Governor shall, from time to time, after complying with the provisions of subsection (a) of this section, examine the organization of the executive branch of the government of the Virgin Islands, and shall make such changes therein, subject to the approval of the legislature, not inconsistent with this chapter, as he determines are necessary to promote effective management and to execute faithfully the purposes of this chapter and the laws of the Virgin Islands.

The heads of the executive departments created by this chapter shall be appointed by the Governor, with the advice and consent of the legislature. Each shall hold office during the continuance in office of the Governor by whom he is appointed and until his successor is appointed and qualified, unless sooner removed by the Governor. Each shall have such powers and duties as may be prescribed by the legislature. The chairman and members of any board, authority, or commission established by the laws of the Virgin Islands shall, if the laws of the Virgin Islands hereafter provide, also be appointed by the Governor with the advice and consent of the legislature, if such board, authority, or commission has quasi-judicial functions: Provided, That no law of the Virgin Islands dealing with the chairmanship, membership, or chairmanship and membership of any such board, authority, or commission, and requiring an appointment or appointments to be made with the advice and consent of the legislature, shall relate to more than one such board, authority, or commission, nor shall it relate to any other legislative matter.

(July 22, 1954, ch. 558, § 16, 68 Stat. 504; Pub. L. 85–224, Aug. 30, 1957, 71 Stat. 510; Pub. L. 86–289, § 3, Sept. 16, 1959, 73 Stat. 569; Pub. L. 90–496, § 8(a), Aug. 23, 1968, 82 Stat. 839.)Editorial NotesAmendments

1968—Subsec. (a). Pub. L. 90–496 substituted provisions that members of school boards which have been duly organized by the government of the Virgin Islands be popularly elected for provisions that required the approval of the Secretary of the Interior for the establishment of any new department, agency, or other instrumentality by the Governor or the legislature, unless such department, agency, etc., was required by Federal law for participation in Federal programs.

1959—Subsec. (a). Pub. L. 86–289 provided that the head of the department of law should be known as the attorney general of the Virgin Islands.

1957—Subsec. (c). Pub. L. 85–224 provided for appointments to boards, authorities or commissions.

Statutory Notes and Related SubsidiariesEffective Date of 1968 Amendment

Amendment of provisions of section necessary to authorize the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970, effective Jan. 1, 1970, and all other amendments of provisions of section, unless otherwise expressly provided by Pub. L. 90–496, effective Jan. 4, 1971, see section 16 of Pub. L. 90–496, set out as a note under section 1591 of this title.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1958–2024 · leading case: Common Cause of Pennsylvania v. Pennsylvania, 558 F.3d 249 (3rd Cir. 2009).

Sort: Relevance Newest Treatment

Common Cause of Pennsylvania v. Pennsylvania, 558 F.3d 249 (3rd Cir. 2009). “1984), the Third Circuit held that a group of legislators had standing to challenge the appointment by the Governor of the Virgin Islands of an “acting” Commissioner of Commerce without consulting them, where § 16(c) of the Organic Act, 48 U.S.C. § 1597 (c), provided that the…”

Goode v. City of Philadelphia, 539 F.3d 311 (3rd Cir. 2008). “In Dennis we held that a group of legislators had standing to challenge the appointment by the Governor of the Virgin Islands of an “acting” Commissioner of Commerce because the commissioner’s appointment required the legislature’s advice and consent pursuant to Section 16(c) of…”

Juan Luis, Governor of the Virgin Islands v. Hugo Dennis, Certain Members of the Fifteenth Legislature of the Virgin Islands, 751 F.2d 604 (3rd Cir. 1984). · cites it 2× “Neither the statutory language nor the legislative history of the Revised Organic Act outlines a specific method for exercising the power of advice and consent. However, since 1936 it had been the practice of the legislature to confirm an executive nomination if a majority of a…”

Ronald E. Russell v. Governor John P. Dejongh, Jr, 491 F.3d 130 (3rd Cir. 2007). “In Dennis , we held that a group of legislators had standing to challenge the appointment by the Governor of the Virgin Islands of an “acting” Commissioner of Commerce without consulting them, where § 16(c) of the Organic Act, 48 U.S.C. § 1597 (c), provided that the appointment…”

Dennis v. Luis, 741 F.2d 628 (3rd Cir. 1984). · cites it 3× “Under the Revised Organic Act of 1954, § 16(c), 48 U.S.C. § 1597 (c), the legislature’s advice and consent was necessary before an appointment to that position could be made.”

Virgin Islands Hous. & Redevelopment Auth. v. 19.1078 Acres of Land, 161 F. Supp. 475 (D.V.I. 1958). “*315 I think it is evident from section 16 of the (1954) Revised Organic Act, 48 U.S.C. § 1597 , that the Government of the Virgin Islands comprises not only the executive departments and the departmental boards and commissions, but also the independent boards, agencies,…”

Luis v. Dennis, 576 F. Supp. 733 (D.V.I. 1983). · cites it 3× “The issue presented for the Court’s determination is whether, by requiring that an absolute majority of the Legislature give its advice and consent to certain gubernatorial appointments, Act No.”

Bryan Jr. v. Virgin Islands Water & Power Auth. (WAPA), 2024 V.I. 30 (2024). “” Revised Organic Act of 1954, § 16(c), 48 U.S.C. § 1597 (c). Governor Bryan fails to explain why or provide any evidence to show that the members of the Governing Board are considered “heads of executive departments” under Section 1 6(c).”

Russell v. Gov VI (3rd Cir. 2007). “In Dennis, we held that a group of legislators had standing to challenge the appointment by the Governor of the Virgin Islands of an “acting” Commissioner of Commerce without consulting them, where § 16(c) of the Organic Act, 48 U.S.C. § 1597 (c), provided that the appointment…”

Goode v. Phila (3rd Cir. 2008). “In Dennis we held that a group of legislators had standing to challenge the appointment by the Governor of the Virgin Islands of an “acting” Commissioner of Commerce because the commissioner’s appointment required the legislature’s advice and consent pursuant to Section 16(c) of…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.