UPDATE: Under pressure Governor appoints Ishmael Scatliffe to PSC
Mr Scatliffe received his signed letter by the Governor last month and attended his first PSC meeting last week. However, this came after an exclusive interview with this news site in January of this year, where the Leader of the Opposition said, “as far as I am concerned there is no issue and Mr. Scatliffe should be appointed soon.”
Hon. O’Neal had made clear that the constitution sets out how members of the PSC are appointed and his nomination was not up for debate. The Virgin Islands Party (VIP) leader and first Premier had also said “it's not a situation like what happened with the CSA where the Governor was not required to take their advice...no no it’s not that kind of situation.”
It took the governor almost four months to make the appointment of Mr. Scatliffe to the PSC, an unusually long time after this same governor often speaks about efficiency in the civil service.
After the retirement of national hero Ms Patsy Lake last year, it provided an opening to the now Opposition VIP to make a nomination. Ms Lake, a business women, was the nomination of the then Government of Ralph T. O’Neal.
Governor’s Actions
The controversy started last year after the same Governor had rejected the re-nomination of the Civil Service Association (CSA) choice Ishmael Scatliffe to serve on the PSC as their representative.
Mr Scatliffe’s term had expired last 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 CSA.
The Civil Servants are the only group that is affected by the decisions of the PSC.
Even after Governor McCleary rejected Mr Scatliffe, the CSA put forward yet another name. 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 gives Governor 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.
See previous article posted on January 23, 2013
Hon. O’Neal fires stern warning to Governor over PSC nomination!
- Said his nomination for the PSC is not up for veto as the VI constitution is clear as to what should take place
It has been almost three months and counting since the Leader of The Opposition Honourable Ralph T. O’Neal OBE, one of the authors of the Virgin Islands’ Constitutional Order 2007, wrote the United Kingdom appointed Governor William B. McCleary with his nomination of Ishmael Scatliffe to become a member of the powerful Public Service Commission.
To date Mr. Scatliffe, an Indigenous Virgin Islander, businessman and a former PSC member has not been appointed. Hon. O’Neal nominated Mr. Scatliffe to replace outgoing member, Virgin Islands’ businesswoman and national hero Ms. Patsy Lake.
In an exclusive interview with this news site, the Leader of the Opposition said, “as far as I am concerned there is no issue and Mr. Scatliffe should be appointed soon.”
Hon. O’Neal made clear that the constitution sets out how members of the PSC are appointed and his nomination is not up for debate. The Virgin Islands Party leader and first Premier said “it's not a situation like what happened with the CSA where the Governor was not required to take their advise...no no it’s not that kind of situation.”
In fact Hon. O’Neal is correct as the constitution sets out in Chapter 7 section 91 how this should be done.
What the constitution says? Public Service Commission
This section has no associated Explanatory Memorandum
91.—(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;
When asked by this news site if he was sticking with his man-Mr. Scatliffe, Hon O'Neal responded with a resounding “Yes”.
Governor went against convention and snubbed the Civil Services Association (CSA)
In what many political, legal and social commentators had described as an unprecedented move by the United Kingdom appointed Governor McCleary, the Governor had rejected last year the re-nomination of the CSA choice Ishmael Scatliffe to serve on the PSC as their representative.
Mr. Scatliffe’s term had expired last 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.
The Civil Servants are the only group that is affected by the decisions of the PSC.
Even after Governor McCleary rejected Mr. Scatliffe, the CSA put forward yet another name. 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 gives Governor 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.
The PSC credibility at low point in eyes of the Public
Governor McCleary's move means that civil servants currently have no voice on the body that affects their promotions, transfers, confirmation to posts, termination and where they are disciplined.
In recent years the credibility of the PSC, an independent body under the constitution, has been undermined.
Many civil servants and the public see the body as political, filled with double standards and bias and the same Governor has been consistently accused of interfering with the work of the PSC, a move that is illegal.
Meanwhile, a call was made to the Governor's Office yesterday January 22, 2013 for comments, however, a Maria Mays said the Governor was not in and she wasn't sure when he would be back. She did note that the Governor was not likely to discuss PSC matters with the media and would most likely refer this news site to the Department of Human Resources.
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53 Responses to “UPDATE: Under pressure Governor appoints Ishmael Scatliffe to PSC”
Neither Scatliffe or CRABBE is a good choice, especially not Scatliffe. Scatliffe I believe will be more bias than CRABBE from what I know of both of them. Scatliffe it is his way or the highway.. I really believe that he will be a hindrance to fairness. Ralph wants Ishmael, because they are alike. There are other qualified people in this community that can fill these positions, but notice how they make the rounds between the same people. That alone tells me that only certain people can fill certain positions. This community is still Stuck Up, and is partial and bias even to say a common Good Morning depends on who you are. We need to start looking around in the communities, from JOST Van DYKE, ANEGADA, East End to West End, and give the many qualified people throughout this territory equal consideration, when scouting for candidates to fill positions. Instead of doing that we make the rounds between the same old tired horses, as if opportunities belong to a select few. We need to get away from this Elitist Class System, it is old and Archaic.
Is that why Patsy Lake was able to have her stop orders over-ridden to have her huge buildings erected?
Thank you Daddy Ralphy for letting us know that it is not only in the Police Force that this Ruthless and lawless dictator-Governor is displaying such blatant and flagrant disregard for the V.I Constitution!But you see Daddy;the Governor will continue with such under-cover-lawlessness!Look how Her Majesty the Queen,gave the Governor and the Police Service Commission powers under section 97(1) of the Constituion:But now the Governor without consulting the Police Service Commission;took both his powers and the powers of the Po.S.C and gave all these powers to one-man,C.O.P D M,a UK-Born COP,and tell D M "You want power?Look power!Do whatever you want to these BVI/Caribbean police officers;but leave my UK-Born officers alone". When two BV-Islander officers challenged the Governor's Unconstitutionality and lawlessness,in the High Court of Justice,to call on a judge to make a ruling into the matter;some people chastise the officers for seeking redress!!.So Governor,some people are supporting your lawlessness and you know that other BV-Islanders are afraid to challenge you in court,so you continue to disregard BVI laws:God is watching you Governor:God is watching what you are doing to my law-abiding BVIslanders.I read the Psalms Governor!What happen to Adolph Hitler,Saddam Hussain,The Taliban and the rest of the Middle-East Dictators in recent time?Pharoah,set my people free!!
Appointing Scatliffe will be as bad as keeping Patsy. If Crab makes many of you uneasy, find an alternative but Scatliffe is not an option.
Section 12
(1) states"A Constable SHALL be appointed on probation during the first three-years of his service in the force and may,on the conclusion of the probationary period to the satisfaction of the COP,be CONFIRMED in his appointment by the Governor acting on the advice of the Commission".
Subsection(2) of 12 states"The service of a Constable on probation MAY be DISPENSED with by the COP with the approval of the Governor at any time [DURING] the [3-YEAR] period of probation [IF] the Constable is not suitable to perform the duties of his office or [IF] he is not likely to become an efficient and well-conducted member of the force".
This is a LAW made by the BVI Parliament! But here it is there are BVI/Caribbean officers in the BVI force,who passed their 3-year probationary period,serving Her Majesty,for 5,6 maybe 7 years,But the authorities of the Police Force are VIOLATING section 12 of the Police Act;by making my BVI/Caribbean officers SUFFER!But the UK-Born officers can come,and as they join the force,they are immediately appointed and PROMOTED,while BVI/Caribbean officers are suffering to get an appointment letter to maybe take a bank to get a loan etc..This is DISCRIMINATION at its highest level!They appointing the UK officers forthwith-But BVI/Caribbean officers must wait for 5-years and more?Absolute NONESENSE!This is demoralizing the aggrieved-officers,so I am calling on the Governor and the COP,to OBEY BVI LAWS,and stop YOUR personality adventure in the BVI.It is not who you like and who you want! It's about the DAAAM LAW!They would not disobey UK-Laws,but they come to disobey BVI laws..
It is my opinion that Governor McCleary hijacked the BVI constitution and sidelined the people and should be impeached.
The PSC has gone to the dogs. Ish.... is a HIS WAY OR HIGHWAY individual. Thank God I don't have to go in front of him. I wish future candidates luck if you don't belong in the Right Family with the Right last name. God see for you.