V.I. Code tit. 3, § 530 (2019)
2019 US Virgin Islands Code|Title 3 - Executive|Chapter 25 - Personnel Merit System, Compensation, Expenses and Miscellaneous Benefits|Subchapter IV - Tests, Appointments, Promotions, and Dismissals|§ 530. Dismissals, demotions, and suspensions; procedure

 (a)  (1) Notwithstanding any other provision of law, in any case after January 1, 1977, before a head officer of an executive department, agency or instrumentality of the Government dismisses, demotes or suspends a regular employee of a department, agency or instrumentality of the Government, the head officer shall furnish the employee with a written statement of the charges against the employee. The employee shall have ten days following the date of receipt of the statement of charges to appeal the proposed action to the Public Employees Relations Board. The appeal must be in writing, and the Board must provide a copy to the head officer and the Attorney General. (2) As used in this section: (A) “head officer” means the Commissioner of an executive branch department, the director of an executive branch agency or instrumentality or the director, executive director, chief executive officer, president or other titular head of an instrumentality of the Government of the Virgin Islands. (B) Instrumentality of the Government includes (i) the Virgin Islands Water and Power Authority; (ii) the Virgin Islands Port Authority; (iii) the Waste Management Authority; (iv) the Magens Bay Authority; (v) the Virgin Islands Housing Authority; (vi) the University of the Virgin Islands; (vii) the Virgin Islands Public Broadcasting Systems; (viii) the Government Employees Retirement System; (ix) a hospital under the jurisdiction of the Virgin Islands Hospitals and Health Facilities Corporation; and (x) Any other entity established within the executive branch whose staff includes regular employees. (C) “Regular employee” means an employee who: (i) has been appointed to a position in the classified or career service or served in a temporary position for more than two years in a department or agency of the executive branch or in an instrumentality, as defined in subparagraph (B) of this subsection or and (ii) who is not on contract, is not on probation, and therefore subject to dismissal, demotion or suspension, only for cause. (b) The Public Employees Relations Board shall meet within 30 days after the filing of the appeal and afford the department head and the employee an opportunity to be heard. The department head and the employee shall be entitled to call witnesses and to be represented by counsel. The hearing, including continuances thereof, shall in no event extend beyond 60 days. Notice of the hearing shall be served on the department head, employee and the Attorney General at least 10 days before the hearing. The Board shall render its decision within 14 days after the termination of the hearing. The Board's decision shall be final. In the event the Board fails to meet or render its decision within the time or in the manner prescribed herein, the employee shall be reinstated, with full pay, to the date of his original dismissal or suspension. (c) The Board may sustain or reverse the decision of the department head or may reduce the penalty recommended by the department head from dismissal or demotion to suspension for a period not to exceed 90 days, or from suspension to a lesser period of suspension if the Board finds such action to be warranted and in the public interest. (d) The department head, upon receiving the decision of the Public Employees Relations Board, shall forward all pertinent papers to the Director of Personnel for preparation of personnel documents in accordance with the decision of the Board. (e) If the Board orders restoration to duty and pay, and if it does not order suspension, the employee shall receive full compensation for any period for which he did not receive compensation pending hearing of the appeal. In addition, if the Board finds that such dismissal, demotion or suspension was ordered by the department head arbitrarily, unjustly, and without reasonable cause, and the employee was represented by counsel, it shall enter an order awarding a reasonable attorney fee to the employee. Such award shall be satisfied by legislative appropriation therefor. Any award of attorney's fees to an employee of an independent instrumentality shall be satisfied by the respective instrumentality. (f) If the employee does not appeal to the Public Employees Relations Board within the time herein prescribed, the department head shall forward his recommendation to the Governor for final action. (g) Every policeman, fireman or prison guard shall be automatically and honorably separated from the government service, by reason of age, after such employee attains the age of 55 years; Provided, however, That any policeman, fireman, or prison guard may be continued in the government service until he attains the age of 60 years if such employee applies for, obtains, and submits to the Director of Personnel, an annual certification by the Commissioner of Health that such employee is physically and mentally able to continue in the position. (h) No employee or applicant for employment, other than the employees or applicants for the positions identified in [subsection] (g) of this section, or any other person elected to public office by the qualified voters, or any person chosen by such officer to be on such officer's personal staff, or an appointee on a policy making level or an immediate supervisor, who is at least 40 years of age, can be refused employment, discharged or otherwise discriminated against with respect to his compensation, terms, conditions, or privileges of employment because of such individual's age, unless there exists a bona fide occupational qualification reasonably necessary to the normal functions of the position held by such individual in which such individual is deficient.