Former civil servant Lincoln Alex Harrigan was appointment to the powerful Public Service Commission (PSC) (right) and replaces another retired civil servant Keturah Crabbe (left) whose appointment expired last year. Photos: VINO/Facebook

The Governor of the Virgin Islands, William B. McCleary, has accepted the recommendation from the Civil Service Association (CSA) after a long back and forth, according to a source close to the situation. The Governor had allegedly snubbed previous recommendation by the CSA. Photo: VINO/File

The controversial Governor of the Virgin Islands, William B. McCleary, has accepted the recommendation from the Civil Service Association (CSA) after a long back and forth, according to a source close to the situation.

Mr. Harrigan’s appointment is effective January 2014 and is for one year, according to this news site's sources within the Human Resources Department. Mr. Harrigan attended his first meeting of the PSC last week.

Mr. Harrigan now comes as the voice of the civil servants, the only group that is affected by the decision of the body that deals with appointments to the service, promotions, terminations, transfers and confirmations.

Governor had allegedly snubbed the CSA before this!

In 2012, many political, legal and social commentators had described as an unprecedented move when the United Kingdom appointed Governor had rejected the re-nomination of the Civil Service Association’s (CSA) choice Ishmael Scatliffe to serve on the PSC.

Instead, the Governor had used his powers to appoint retired Human Resources Department Officer, Keturah Crabbe, despite written objections from the CSA in 2012.

In effect, it had given Governor McCleary three nominations out of five on the body, a move many had described as “unfair and suspicious” and lacks the principle of good governance.

After Mr. Scatliffe’s nomination was rejected by Governor McCleary as the CSA choice in 2012, he was then nominated by the Opposition Leader Honourable Ralph T. O’Neal, OBE.

The same Governor had made attempts to delay the nomination as long as possible, however, in 2013, speaking exclusively to Virgin Islands News Online, Hon. O’Neal made it clear that his nomination was not up for debate by the Governor as the Virgin Islands constitution was clear on the role of the Governor when it comes to a recommendation put forward for the PSC by the Opposition Leader.

The Governor eventually moved forward the appointment of Mr. Scatliffe who had replaced businesswomen and national heroine Mrs. Pasty Lake.

What does the Constitution say about the PSC & the Governor’s powers?

Under Section 91 of the Virgin Islands’ Constitutional Order of 2007, it states: (1) There shall be in and for the Virgin Islands a Public Service Commission which shall consist of five members, of whom— (a) two shall be appointed by the Governor, acting in his or her discretion; (b) one shall be appointed by the Governor, acting in accordance with the advice of the Premier; (c) one shall be appointed by the Governor, acting in accordance with the advice of the Leader of the Opposition; and (d) one shall be appointed by the Governor, acting after consultation with the Civil Service Association.

In other words, in item (d) as it relates to the CSA, it is just after consultation, therefore, the Governor is not bounded according to legal option given to him to accept the CSA’s nomination. One Constitutional expert told this news site that the Governor was acting “within his powers”, however, traditions, convention, transparency and good governance will at least dictate that he listens to the voice of the civil servants, as they are the only group affected by the decisions of the PSC and his move is not in keeping with these principles.

The learned Attorney said, “maybe he has information where the re-nomination of Mr. Scatliffe might have been ultra virus to Her Majesty’s government”.

The Constitution also gives the Governor the power after consultation with the Premier, to appoint one of the five members of the Public Service Commission to be Chairman of the Commission.

Fairness and justice in the civil service seems a thing of the past!

Very recently, many in the civil service have lashed out against both the UK appointed Governor and the PSC for what some perceived as unfair treatment in the service, victimization, double standards, lack of transparency and favouritism.

Within the last three years, there seems to have been a new era of double standards in the service where they seem to go after some public officers to victimise them and others who have done wrong, there issues are placed under the rug, according to a senior civil servant who wished to remain anonymous and spoke to us in 2012.

She pointed out that after the 2011 general elections, “civil servants were pushed around like dogs, humiliated, send on extensive leave…where were the Governor, DG and PSC to stand up for us”, she said, further claiming that, “they allegedly aided in this treatment".
"I cannot wait to retire next year," the officer with 24 years in the service had told this news site with sadness.

“I remember the days when the Governor, Deputy Governor or PSC were the places we went to for justice and help when you were victimised by Heads of Departments, supervisors and Permanent Secretaries but, regrettably, this appears to be out the door in my opinion, as many public servants now often complain that allegedly those areas seem to be the source of that behaviour, according to the same civil servant. However, she did not give this news site specific examples to back up her claims.

Over the last three years, there have been some 10 cases filed in the courts against the Governor, Human Resources Director and PSC for unfair dismissals, faults accusations, and officers sent on leave based on fraudulent claims. Thus far, the civil servants have won five cases out of eight that were called.

The Crown is appealing many of those that were loss in the High Court to the OECS Court of Appeal.

There are many other public officers on leave, on half salaries and suspended for being accused of civil and other matters in the courts or in their jobs as public officers with no end in sight.

The PSC members are now retired civil servant and businessman Lincoln A. Harrigan, businessman Ishmael Scatliffe , retired Director of Human Resources Magdaline Rymer (Chair), Attorney Dawn J. Smith, and Reverend Julian M. Clarke.

Both the CSA President Tasha K. Bertie and the new PSC member Mr. Harrigan could not be reached for comments as of publication time.