PRESENTATION OF ATTORNEY GENERAL 
GORDON C. RHEA 
 
THIRTY-SIXTH LEGISLATURE OF THE VIRGIN ISLANDS
IN RE: BILL NO. 36-0031 
COMMITTEE ON HOMELAND SECURITY,  
JUSTICE AND PUBLIC SAFETY  
JUNE 5, 2025 
 
 
Good afternoon, Chairman Clifford Joseph, Sr., Committee on Homeland 
Security, Justice and Public Safety members, Senators, legislative staff, and the 
listening and viewing audiences. I am Attorney General Gordon Rhea. It is an honor 
and privilege to appear before you this afternoon.  
The Department of Justice appreciates the opportunity to comment on Bill No. 
36-0031. The Department of Justice has completed a preliminary review of Bill No. 
36-0031 and offers the following comments. 
 
Bill No. 36-0031 seeks to amend title 23 of the Virgin  Islands Code, chapter 
10, subchapter IV, section 1073, by inserting a new subsection (c) to exempt a public 
safety agency or private safety entity from liability for acts of negligence in the 
operation, administration or maintenance of a 911 service, unless the acts are 
committed in a grossly negligent manner or are committed with willful intent.  
 
Liability for agencies providing 911 services is a valid concern, as liability 
can result in costly legal and financial obligations. These service providers may face 
Presentation Testimony of Attorney General Gordon C. Rhea
Bill No. 36-0031 
June 5, 2025
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liability for negligence, especially when their actions lead to harm. Although there 
are laws that often protect local and state governments, and their actors, against tort 
liability, this protection is not afforded in every jurisdiction and does not always 
extend to third-party service providers. 
 
For example, in the Virgin Islands, the Government waives its immunity form 
liability and assumes liability with respect to injury, loss of property or death caused 
by the negligent or wrongful act or omission of an employee while acting within the 
scope of their office or employment.1 This waiver of immunity from liability does 
not apply, however, if the injury or loss of property is caused by the gross negligence 
of an employee of the Government of the Virgin Islands while acting within the 
scope of their office or employment.2 Gross negligence is a higher level of 
negligence than ordinary negligence involving a severe lack of care and often 
demonstrates a conscious and reckless disregard for safety. 
 
Several states limit liability for 911 operators, protecting them from lawsuits 
for damages related to system failures or errors, unless the injury was caused by 
wrongful acts or gross negligence. These limits are intended to encourage the 
development and maintenance of emergency communication systems without the 
threat of excessive and expensive lawsuits.  
 
1 33 V.I.C. § 3408(a) 
2 33 V.I.C. § 3408(b) 
Presentation Testimony of Attorney General Gordon C. Rhea
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contracting for the 911 emergency reporting system or 
the provisioning of the 911 service, except for willful or wanton negligence or 
intentional acts, the board, the governing body, the public agency, the service 
provider, the prepaid wireless service provider, the prepaid wireless service seller, 
and the service supplier, their employees and agents, are immune from liability for 
a failure in the use or operation of the 911 system
3 
 
each provider, and their employees, agents, 
suppliers and subcontractors, and each seller, and their employees, agents, suppliers 
and subcontractors, shall not be liable for the payment of damages resulting directly 
or indirectly from the total or partial failure of any transmission to an emergency 
communication service or for damages resulting from the performance of installing, 
maintaining or providing 911 service. 4 
 
In North Carolina, the standard of proof, or the level of certainty required to 
prove a claim in a legal proceeding, for liability for public safety telecommunicators 
by clear and convin
any civil action arising from any act or 
omission by the defendant in the performance of any lawful and prescribed actions 
pertaining to the defendant's assigned job duties as a 911 or public safety 
 
3 SDCL 34-45-17  
4 KS Stat § 12-5376 
Presentation Testimony of Attorney General Gordon C. Rhea
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telecommunicator or dispatcher
5 Clear and convincing evidence requires a higher 
degree of certainty than the preponderance of the evidence standard, which is often 
used in civil cases.  
 
The decision to exempt a public safety agency or private safety entity from 
liability for acts of negligence in the operation, administration or maintenance of a 
911 service is a policy decision, not a legal one. While liability can be limited 
through statutory immunity, a clear standard of conduct should still be expected. 
I thank the Committee for allowing the Department of Justice to testify on Bill 
No. 36-0057. This concludes my formal remarks. I respectfully welcome any 
questions this body may have. 
 
5 NC Gen Stat § 99E-65