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PSC shocker! - Ishmael Scatliffe out! Keturah Crabbe in!
Mr. Scatliffe’s term had expired and was strongly backed by the CSA for another five-year term on the powerful PSC. Sources said Mr. Scatliffe has already received his letter ending his tenure on the body. Many civil servants see this as a snub by the Governor, for not accepting the candidate of the Civil Service union.
Instead, the Governor has used his powers to appoint retired Human Resources Department Officer Keturah Crabbe, despite written objections from the CSA.
An appointment letter has already been issued to Mrs. Crabbe, according to this news site’s well-placed sources. It is believed that Mrs. Crabbe will sit on the Commission at this week’s meeting.
In effect, it gives Governor Boyd McCleary three nominations out of five on the body, a move many have described as “unfair and suspicious” and lacks the principle of good governance.
Tasha Bertie, the CSA President, when reached by telephone told this news site she had no statement to make at this time.
It is also this news site’s understanding that a previous CSA Executive held discussions with the former Governor David Peary on the possibility of replacing Ishmael Scatliffe who had served on the PSC for a number of years as the CSA representative, however, no decision was taken as to a new nominee. Mr. Scatliffe was given an extension for the former CSA administration headed by Shaina Smith, who was to return to the former Governor with a new nominee, according to a well-placed source inside the CSA.
However, when the new CSA Administration took office earlier this year, they stood by Mr. Scatliffe, who many public officers regarded as a fighter for the civil servants and re-nominated him. The current CSA Executive position was made clear to the current Governor.
What does the Constitution say about the PSC and 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’s just after consultation therefore, the Governor is not bounded according to legal option giving to him to accept the CSA 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”.
When contacted by this news site, Governor McCleary said he had “no comments at this time”, and, if anything changes he will contact us. To date, no calls have been forthcoming from him or his office.
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.
Can the Governor or elected officials interfere in the work of the PSC or summons them to meetings?
The framers of the constitution set up the PSC as an independent body free from all interference, be it from the Governor, Deputy Governor, senior civil servants, political, interest groups or otherwise. The Constitution clearly states in section 91 (9); Subject to this Constitution, in the exercise of its functions the Public Service Commission shall not be subject to the direction or control of any other person or authority.
There has been accusations after the Constitution of 2007 that allegedly some persons have been interfering with the work of the Public Service Commission, giving directives in writing through the Human Resources Department and even have summoned the Commission to meetings. It is unclear who the alleged persons are or, if this alleged practice is still continuing. The source refused to call names to our news site.
However, the constitutional expert told this news site, if this has happened or is happening, it will be unconstitutional and could be cause for “legal challenge to decisions of the body”.
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 two years, there seems to have been a new era of double standards in the service where they go after some public officers to victimise them and others who have done wrong, it’s placed under the rug, according to a senior civil servant who wished to remain anonymous.
She pointed out that after the 2011 general elections, “civil servants where pushed around like dogs, humiliated, send on extensive leave…where were the Governor, DG and PSC to stand up for us”, and in fact “they allegedly aided in this treatment"."I cannot wait to retire next year," the officer with 24 years in the service 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 two years, there have been some five to six cases filed in the courts against the Governor, Human Resources Director and PSC for unfair dismissal, faults accusations, and officers sent on leave based on fraudulent claims. Thus far, the civil servants have won four out of five cases called already.
In 2010, a Permanent Secretary was sent on leave after a news paper article, and although the officer won in the court and through the PSC, the officer remains on leave. Another civil servant was forced to retire after her head of department accused her of allegedly stealing a water tank. She was interviewed by the PSC but never given an opportunity to bring her witnesses to defend herself. The court ruled in favour of the officer for unfair dismissal. Another officer was sent home without due process, natural justice and pay for a civil accusation but the court found him not guilty and he had to be reinstated with back pay.
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.
Most of the victimisation appears to be against indigenous Virgin Islanders, however, the source did not provide names and birth certificates to verify this information. Currently, about three Heads of Departments are on extensive leave. Two have been called back to work but reassigned to cubical offices with allegedly no windows away from their departments.
The PSC members are now retired civil servant Keturah Crabbe, businesswoman Patsy Lake, retired Director of Human Resources Magdaline Rymer (Chair), Attorney Dawn J. Smith, and Reverend Julian M. Clarke.
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