UPDATE: Still no appointment of Ishmael Scatliffe to PSC by Gov McCleary
It’s almost a month and a half since Hon. O’Neal who was elected in the 2011 Virgin Islands (VI) election through a democratic process and complying with the VI Constitution Sec 91 (1) c, wrote to Governor McCleary recommending Mr. Scatliffe to replace national hero and businesswomen Patsy Lake to the PSC.
As of today November 21, 2012 no letter has been issued to Mr. Scatliffe, notwithstanding the PSC has not met in some three weeks.
Calls to the Governor’s office on this matter were not returned. Hon. O’Neal was also not available to speak as of update story time. The controversial Governor McCleary has come under fire from many in the community about his blatant violation of the Virgin Islands Constitution with no regard for good governance and the rule of law and transparency. Some have even asked for him to be recalled.
Currently, there are some four cases pending in the court against the Governor for alleged violation of the constitution and the rights of citizens.
Governor snubbed! Ishmael Scatliffe to return to PSC
In a decision that has been welcomed by most civil servants and the Civil Service Association (CSA), former CSA representative on the Public Service Commission Ishmael Scatliffe has been nominated by the Opposition Leader Honourable Ralph T. O’Neal OBE to serve on the PSC.
He is expected to replace businesswoman and National hero Mrs. Patsy Lake whose first five-year tenure has expired as the Opposition nominee on the Commission and has advised the Opposition Leader that she did not wish to continue. Traditionally, each PSC member serves for about two five year terms.
Background, Governor snubbed CSA!
In what many political, legal and social commentators had described as an unprecedented move by the United Kingdom appointed Governor Boyd McCleary, the Governor had rejected the re-nomination of the CSA choice Ishmael Scatliffe to serve on the PSC as their representative.
Mr. Scatliffe’s term had expired earlier this year and was strongly backed by the CSA for another five-year term on the PSC. Many civil servants had seen this as a snub by the Governor, for not accepting the candidate of the Civil Service Association.
Instead, the Governor had used his powers to appoint retired Human Resources Department Officer Keturah Crabbe, despite written objections from the CSA.
In effect, it then gives Governor Boyd McCleary three nominations out of five on the body, a move many have described as “unfair, abuse of power and suspicious” and lacks the principle of good governance.
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 M. 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 headed by Ms Tasha Bertie, an Assistant Secretary in the Ministry of Education and Culture, it stood by Mr. Scatliffe, who many public officers regarded as a fair fighter for the civil servants and re-nominated him. The current CSA Executive position was made clear to the current Governor. He dismissed their nominee and ever after they had given Mr. McCleary an alternative name to Scatliffe he still was determined to do as he pleased with little or no regard for democratic principles, according to most civil servants.
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 (c) as it relates to the Leader of the Opposition’s nomination Mr. Mcleary must act in accordance with that recommendation therefore, the Governor is bounded according to legal option to accept Mr. Scatliffe as the nomination.
One Constitutional expert told this news site that the governor can also come up with a bogus fight that Mr. Scatliffe nomination could be prejudicial to Her Majesty’s Government but he does not see how that can stand up to any serious scrutiny.
When this news site contacted the Governor’s Office on Friday, on the status of Mr. Scatliffe’s nomination we were told by a Maria Mays of the Governor’s Office that Mr. McCleary was on vacation and would be away on the weekend.
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 have been accusations after the Constitution of 2007 that allegedly some persons have been interfering with the work of the Public Service Commission, including Governor McCleary and Deputy Governor (DG) V. Inez Archibald. Mrs. Archibald, it has been reported, has appeared before the Commission asking them to reconsider recommendations for different positions, giving directives in writing through the Human Resources Department and it is alleged that Governor McClearly often summons the Chairwoman to meetings to discuss PSC matters and what he wants to see happen. However, a 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, the DG and the PSC for what some perceived as unfair treatment in the service, victimisation, politically guided decisions, 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, sent 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.
Over the last two years, there have been some seven to nine 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 five out of six cases called already.
A few months ago a Permanent Secretary was dismissed after the Governor interfered with the works of the PSC directing them what to do and what he wanted to see. This happen even after the PSC voted unanimously for the return to work of the highly popular and effective officer.
Some has labeled this as a personal attacked on the officer by McCleary, while others have said racism could have played a role. This news site cannot confirm the racism claim, however, we have obtained evidence of the governor’s interference via letters to the Human Resources Department and meeting with the PSC Chair where the Permanent Secretary’s matter was discussed.
Another civil servant was forced to retire after her head of department accused her of 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 and away from their departments.
The PSC members are now retired civil servant Keturah Crabbe, businesswoman Patsy Lake to be replaced by Ishmael Scatliffe, retired Director of Human Resources Magdaline Rymer (Chair), Attorney Dawn J. Smith, and Reverend Julian M. Clarke.
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81 Responses to “UPDATE: Still no appointment of Ishmael Scatliffe to PSC by Gov McCleary”
Peace.
tell me how that would be different from every other day, hmmm?
Many of us have never seen it this way before and we aint know if we coming or going. Their statements about first class public service are a fake. Indeed, it's the worst we have ever seen it in the service.
This Governor full of $h!t he think this is South Africa.
The UK government is shocking in allowing abusing treatment of bvi citizens by Governor.
We need to clean up our act before pointing fingers at others.