Police officers annoyed with policy to declare assets
“Police officers are public officers, employed in the public service. However, police officers are governed under a police act, from which is derived-the police regulation. The regulation deals primarily with discipline. The RVIPF has been in existence for over 40 years but recently, police officers, under the leadership of David Morris, has seen a transition in the force, which have many police officer retiring or considering early retirement. The most recent transition is the introduction of a policy calling on police officers to declare their assets to the commissioner,” a concerned voice for the aggrieved officers commented.
According to the source, it must be noted that police officers are being paid by government, and all the information about their salary is on public records at the Treasury Department. “That request by the ACoP to call on officers to declare their personal assets to the CoP have been met with resistance, especially by officers who know their rights under the Police Act and under the Constitution. The question that is being asked by officers, is whether or not section 112 of the constitution applies to them-as public servants,” stated the concerned voice.
The allegations further state that when Acting Commissioner of Police David Morris took over, several police officers sought to find out if there is a law in the Virgin Islands which states that if you go to the bank, take a loan to build a house, or to buy lands or a car, whether the Commissioner of Police can call on you to declare your assets and source of income. “But your salary is source of income! I had referred the officers to section 112 (4) of the constitution, which states that "this section applies to all of the House of Assembly including Ministers and the holders of such other offices (except the Governor) as may be prescribe by law. However, there is no law in the police act, which gives the Commissioner of Police the power to call on police officers to declare their assets, but the ACoP insisted. Officers have refused, citing there is no law for them to declare their assets.”
“This is not David Morris trying to stiff his stuff, that is absolute nonsense”
Seeking to set the record straight on this issue and speaking under the permission of the Acting Commissioner of Police, RVIPF Sergeant Carl Mason said the policy being referred to is the RVIPF’s Business Interest and Secondary Employment Policy. "The difficulty with some officers here is that they select one particular part of the policy and don't pay attention to the other parts then naturally they are going to misinterpret what is being said in the policy, which is why we try and make the policy as comprehensive as we can," stated Mason during an exclusive interview with Virgin Islands News Online.
"The Police Act which is not a policy, it’s actually the law of the land, it’s actually BVI legislation, paragraph 17 which requires that no member of the force shall without written authority of the Commissioner take up or engage in any employment, trade or office outside the scope of his duties. There was a suggestion that the officer who has spoken to you also feel that they are being penalized unlike other government officers." Sergeant Mason then referred to the Human Resource Circular #12 of 2012, as issued by the Department of Human Resources, Government of the Virgin Islands, a copy of which was given to this news site, "which reiterates that particular principle, although not in the same words, cause it’s not the Law as it applies to police officers, this is terms and conditions of Government Officers, and this also requires them to record business interests and leaves them open to have a business interest turned down. So the idea that these officers are being treated differently is mainly untrue."
He add that the RVIPF Officers are being treated almost the same. "But because of very strong reasons, of having powers of arrests, they have power of entry and search they have very significant powers over their fellow citizens and visitors to the Territory we are required by the Police Act to keep very close tabs of what they do and that would be remiss of us not to do that."
According to Sergeant Mason what is simply being said to officers is to play safe. "You've got nothing to hide and we are not intending to stop you from having a business but we need to know what your business interest is because they may be a conflict of interest."
He said that the policy basically sets out to protect them from allegations in the press about their dishonesty or potentials for dishonesty, allegations from victims among others. "This is not something that has been pulled out of the sky," noting that the document is related to the Virgin Islands Constitution Order 2007, Police Service Commission Act 2011, Police Regulations, Police Act and Force Standing Orders Labour Code.
"This is not David Morris trying to stiff his stuff, that is absolute nonsense. And I have said this to colleagues on countless occasions before that if any officer who feels that he has been wronged by this policy to come and see me and sit with me and I will explain what the policy is about but some people, regrettably, choose to go to the press."
The policy states as its aim “The overriding aim of the policy is to ensure that RVIPF officers abstain from any business interest activity likely to prevent them from carrying out their work, to interfere with the impartial discharge of their duties, involve a conflict of interest or bring the service into disrepute. At the same time, the Force wishes to encourage an open culture where members are confident they can disclose business interests and have the opportunity for reasonable business interests to be officially approved.
It is designed to help ensure a consistent systematic approach to registering and authorising secondary employment or business interests. The policy is underpinned by procedures designed to provide clear, definitive and unambiguous direction. This policy is intended to maintain compliance with the Virgin Islands Constitution, the Police Act, Police Regulations and the Labour Code”
The section under contention by some police officer within the RVIPF falls under a section titled “Procedure” in the area of General Principles it states:-
a. The general rule is that a Police Officer, or a prospective Police Officer, who undertakes an activity, or intends to do so, for which payment in cash or kind is received, should assume that it constitutes a business interest or secondary employment, which is required to be authorised.
b. The letting, selling, leasing, or otherwise offering of property, rooms, dwellings, business premises, land or moorings for financial gain or for benefit in kind, (including such property, rooms, dwellings, premises, land or moorings owned by a spouse or partner) is regarded as a business interest for the purposes of (a) above.
c. Furthermore, if a shop, restaurant, or similar business is carried on by his or her spouse or civil partner at any premises in the force area; or by any member of his or her family residing at his/her address, for sound reasons relating to integrity and impartiality, this shall also be regarded as a business interest for the purposes of (a) above.
d. Additionally, any police officers having any proprietary interest in any business, whether receiving payment or not, should assume that it constitutes a business interest which is required to be authorised.
e. If either activity involves a tendering process then it will be considered to be a business interest at the beginning of this tendering process and should be reported as such.
f. All RVIPF Police officers must have written authority from the Commissioner of Police to carry on a business interest or engage in secondary employment.
g. No Officer may carry on a business interest or engage in secondary employment without the written approval referred to above. To do so will be regarded as a disciplinary offence under the Police Act and will involve the invoking of formal disciplinary proceedings, with the potential for dismissal.
h. Authorisation to carry on a business interest or to take secondary employment is a privilege, not a right. As with all privileges, authorisation can be withdrawn, should the reputation of the Force, organisational efficiency, attendance at work, discipline, or operational resilience be compromised or seen to be likely to be compromised. The final arbiter in such an event shall be the Commissioner of Police.
i. The publication of this Policy shall be regarded as making every past approval as void, and therefore subject to a formal review under the process outlined at appendix ‘A’.
j. Under no circumstances will short-notice time off be granted to allow Officers to attend to their authorised business interest or secondary employment; similarly, no activities relating to a business interest or secondary employment may be carried out during duty hours
k. The use of RVIPF equipment in any business interest or secondary employment is expressly forbidden – this includes uniform, premises, telephones, computers, photocopiers, printers, vessels and vehicles.
l. Officers and managers are reminded that the use of Force stationery and consumables for personal purposes is theft and will make Officers subject to dismissal and prosecution.
m. The use of Police authority as conferred by the Office of Constable under the Police Act (unless otherwise sanctioned specifically in writing by the Commissioner of Police) in any business interest or secondary employment (or in seeking the same) is potentially “Misfeasance in Public Office” and is therefore expressly forbidden.
This news agency has been informed by Sergeant Mason that while a number of police officers have been complying with the policy and have declared their interests, there are still some who have not done so. He said that according to the best of his knowledge only one police officer has been denied permission to another business interest. This he said was a clear incident of conflict of interest where the Police Officer was seeking permission to work ‘otherwise’ while he was on sick leave.
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62 Responses to “Police officers annoyed with policy to declare assets”
the UK cops think all locals and people with black faces are like them corrupt
yuh is ah good defence lawyer, T... Williams eh want nutten wid you..
since when are laws obeyed- written or otherwise? I'm still waiting for politicians and ministers to declare their assets so we can see why decisions are being made which will benefit them and their real estate on wickham's Cay.
This is just another round of bull$%%^^&. This is the norm anywhere. As a police of course it's the law to disclose if you are moonlighting or doing anything else on the side. Pure confusion these lazy #$$^^ like so much.
hust yu r@$$ always on here wid your racist cocka may may..catch dey next flight to London fool
Definition of ROYAL-an adjective,as seen in the Oxford Dictionary,meaning ""Having the STATUS of a King or QUEEN or a member of their FAMILY"".So BVI police officers are ""ROYAL OFFICERS"".They belong to Her Majesty-The QUEEN:
READ SECTION 88 of the Police Act,Chapter 165-A BVI LAW made by BVI Parliament: Section 88(1) states ""On application by any PERSON [in the public] The COP may at his discretion APPROVE the allocation of ANY MEMBER of the force,who is [OFF-DUTY] to perform a SPECIAL POLICE SERVICE-(a) in,upon or about ANY place,PREMISES,business or vessel (b) In connection with PRIVATE functions or entertainment or (c)....READ SUBSECTION (2) THE BVI POLICE ACT states ""The applicant SHALL PAY to the COP for a SERVICE Specified in Subsection (1) such FEE as may be PRESCRIBE"". The BVI parliament made a law in section 88 of the Police Act,Authorising Any Police Officer to work, when he is OFF-DUTY.When a police officer took that Oath to Preserve Her Majesty's Peace,whether he is on DUTY at a Police Station Or OFF-DUTY at his Private Home; or Expatriate or Born-Here, that OATH they took to serve The Queen and to preserve the QUEEN'S PEACE remains in effect,until they retire or sooner dies! EXPATRIATE police officers [None Belonger officers] Do NOT require a Work Permit to PRESERVE HER MAJESTY's PEACE,while working part-time! The OATH they took,is their work permit!! The Only reason why you ALL do not respect Police,is Because,you ALL are IGNORANT of the fact,That POLICE OFFICERS are infact HER MAJESTY'S POLICE OFFICER..You see them as ordinary citizens,so you curse and insult them! But their service is for Her Majesty-The Queen. Are you telling the QUEEN'S OFFICERS,to get a work permit to do the QUEEN'S Work for HER. ABSOLUTE NONESENSE!! It is time you ALL undertsand the role of Police in society..And stop Grudge the Police for FOOLISHNESS..I will continue to blog and say ""De EVIL you wish on god's people is coming right back at you!""
Let us now look at the topic as reported by VINO,and not at the blogs,because every body has a Constitutional and Democratic Right to blog.
The BVI's Public Service does have a registry of Companies,and every company is registered in the BVI.So if the C.O.P wants to know if a police officer has a business interest in a company,as defined in section 112 of the Constitution,then all the COP has to do is go to the registry and investigate who police have business:You want news,go and get your news..
REGISTRATION of INTEREST:Section 112 (4) of the V.I Constitution states''This section applies to all members of the House of Assembly (including Ministers) and the holders of such offices (except the Governor) as MAY BE PRESCRIBE BY LAW"".The Constitution is the SUPREME LAW of the land! Section 112 of the Constitution Applies to Politicians[Elected members of Parliament].Section 112 of the Constitution does NOT apply to Public Officer/Police Officer: Section 17(a) of the Police Act,does make provision for Police Officers to seek permission to work part-time etc..BUT the section 17 of the Act,does NOT give the C.O.P the lawful authority,to make a policy to compell police officers[who are Public Officers in the bvi public service] to Declare their assets or their Business Interest.[BUSINESS is equal to ASSETS] There is NO LAW,which gives the C.O.P the Authority to make such a Policy! I believe in Discipline,BUT I am sure,you officers know your rights.All this Long BLAH-BLAH POLICY I read as a policy by the COP,is UNLAWFUL.The Constitution does authorise David Morris to make such policy in the BVI Police Force..
PETTY JEALOUSY! These UK guys come to the BVI,see my BVI officers working hard to send their children to school,and worked hard to build a house for their family;now because what they see burn their eyes,Dem coming with an UNLAWFUL policy,talking about declare business interest? BVI officers,""DOH DECLARE YOUR PRIVATE BUSINESS to David Morris"".What house you own with bank loan leaving you broke is your DAAM business! If Morris want to know,if you own a business,tell him go to the regestry!!
MOONLIGHTING? Do you all know the definition of moonlighting? If a police officer,end his tour of duty for Her Majesty,and he has a small part-time job,which he does on his off-day,He is NOT MOONLIGHTING..Moonlighting means doing work for yourself or another company,while on Government time or Government Business!! Shame on you people,who would criticise a man,for doing a little extra work on his off-days, to maintain his family.Police officers-you took an oath to serve her Majesty-Continue to serve Her Majesty.Morris is on Contract; he will go one day and leave the BVI police force!By the Power of the Holy Spirit,Morris will go!!
UK officers were subject to the same rules in the UK, and sometimes very stringent vetting for specialist posts, some of which does examine bank accounts going back 5 years. There is no jealousy here, just common sense.
Even in private companies these types of rule are set out and enforced. If they cannot understand conflict of interest rules they do not deserve to be police officers. They are just slack, lazy, and ignorant. No wonder the
community has no respect for them.
Some of them would get loans with drug runners. How can they then arrest them or deal with their crimes.
(a) in,upon or about any place,premises,business or vessle;
(b) in connection with PRIVATE FUNCTIONS or entertainment;or
(c) in connection with any sporting event in enclosed grounds or premises,
at a date and time specified by the applicant" [who requested the service of an off-duty police officer]
Subsection (2) The applicant SHALL PAY to the Commissioner for a service specified in subsection (1) such FEE as may be prescribed.
(3) ALL FEES received by the Commissioner pursuant to this Section SHALL be Disbursed BY HIM to the Member of the Force,WHO PERFORMED THE SERVICE" [while OFF-DUTY]..
So according to BVI Laws,off-duty police officers are Authorised by the COP based on the LAW to work part-time,while off-duty: It has now become a culture and practice [NORM] by police officers to work part-time while off duty;just work to feed their family.Section 88 of the Act,makes no provisions for expatriate officers to get work permit to work part-time,under section 88 of the said Act!In the UK,and the USA,Police also work part-time too: Why are you all after BVI Police? Is it not better for the Country,if all off-duty police officers are out there somewhere?Why are you afraid that police are out there?What is it you do not want them to see? If I was the COP,I would encourage off-duty policemen to get a part-time job;because once you take the oath,you are a police ALL THE TIME!
""I [legal team] DO SWEAR THAT I WILL WELL AND TRULY [SERVE OUR SOVEREIGGN LADY THE QUEEN] ,HER HEIRS AND SUCCESSORS AS A MEMBER OF THE POLICE FORCE IN THE TERRITORY OF THE VIRGIN ISLANDS WITHOUT FAVOUR OR AFFECTION,MALICE OR ILL-WILL;AND THAT [ I WILL CAUSE HER MAJESTY'S PEACE TO BE PRESERVED], AND [WILL PREVENT] TO THE UTMOST OF MY POWER,[OFFENCES AGAINST THE SAME-peace] AND THAT DURING ANY TIME THAT I DO OR MAY HEREAFTER HOLD ANY APPOINTMENT IN THE POLICE FORCE I WILL TO THE BEST OF MY KNOWLEDGE AND SKILL [DISCHARGE ALL THE DUTIES THEREOF FAITHFULLY ACCORDING TO LAW]"". This is the oath sworn to by Her Majesty's ROYAL POLICE OFFICERS: But because some of you have no respect for Her Majesty,and for the ROYAL police officers of the BVI,you want to treat the Police as ordinary citizens.Police Officers are not Ordinary Citizens.They took an OATH to SERVE-OUR SOVEREIGN LADY- ["THE QUEEN"] of Buckingham Palace! You HATERS of police want to look at Her Majesty's ROYAL police,and saying Her Majesty's ROYAL Officers should get work permit to work part-time in Her Majesty's Territory-BVI?Because a few of the ROYAL officers,have not yet become citizens of Her Majesty's Territory-BVI? How many PUBLIC SERVANTS in the BVI,took such an OATH-to serve Her Majesty-The QUEEN? Only the ROYAL police! Do you ALL understand what this Oath represents? Mr. David Morris, I am advising you and the others sir: LEAVE HER MAJESTY'S POLICE OFFICERS ALONE!! Stop Harassing,our ROYAL officers! They deserve ROYAL respect from you:They work for Her Majesty-The QUEEN:They do not work for you! " who the cap fit-wear it" so GO AND DECLARE YOUR BIG HOUSE IN FLORIDA,which you bought,since you become a bvi police. DECLARE your off-shore ASSETS to the BVI authorities! Is it tax-evasion? Oh,I seeeeeeeeeee!
"" (1) The objects of the Force are--
(a) the maintenance of law and order;
(b) the preservation of peace [Her Majesty's Peace]
(c) THE DEFENSE OF THE TERRITORY FROM INTERNAL AGGRESSION OR THREAT THEREOF;
(d) the PROTECTION of LIFE and property;
(e) the prevention and detection of crime; and
(f) the enforcement of ALL LAWS THAT IT IS REQUIRED TO ENFORCE"".....
On behalf of my mom and other relatives and the good senior citizens of the BVI,let me take this opportunity to thank Her Majesty's ROYAL police officers,for enforcing the above duties: Had it not been for you BVI officers, those violent-criminals would be putting our good citizens in fear,but you officers risk your lives everyday and every night, to PROTECT LIFE AND PROPERTY!