Some PSC members to take Prime Minister to court

[Lazie]

Four of the five former members of the Public Services Commission (PSC) have filed a law suit against Prime Minister Bruce Golding and the Attorney General.

In the suit filed in the Supreme Court the four dispute the Prime Minister's claim that that they were guilty of gross misconduct.

Daisy Coke, Edwin Jones, Pauline Findlay and Mike Fennel want a ruling from the court as they seek to defend their integrity and reputations.

They were dismissed by the Governor General on the advice of the Prime Minister late last year.

The dismissal came at a time when the PSC was involved in a controversy with the Government over the choice of a new Solicitor General.

The PSC had selected Deputy Solicitor General Stephen Vasciannie to replace Michael Hylton as the Solicitor General.

But this choice was rejected by the administration which claimed that Professor Vasciannie's lack of court room experience made him unfit for the job.

With the PSC refusing to change its selection the Prime Minister opted to have them dismissed.

The Governor General, acting on the advice of the Prime Minister, has since appointed five new members to the PSC.

That body has already reopened the search for a Solicitor General.

[Mosiah]

Why Sangster not suing?

[Jawge]

come ova so,come
tell if Brasil is a ordinary side or not. Bless

[Lazie]

Why Sangster not suing?

.... maybe him not into the nightmare ting. Lets see which law firm representing these people.

[Karl]

.... maybe him not into the nightmare ting. Lets see which law firm representing these people.

The big pandora's box Golding has opened for our Government is the coming circus of the firing of whomever he appoints by an incoming PNP regime and thus the every action of his new PSC group being termed not constitutional and or illegal and or 'null and void' by the succeeding PNP regime!

This thing should have been ironed out in a bipartisan manner. Some things are more important than one man and or one party's selfish interest....

...or, said another way - it is in the best interest of both parties for this matter to be laid to rest in an amicable way...better for the parties and JAMAICA!

[Karl]

...and, Dr. A. Sangster agrees with his firing and the

firing of his collegues...on exactly the grounds stated by PM Golding!



PSC misbehaved - Former commission member Sangster supports firing body
published: Tuesday | January 29, 2008

Damion Mitchell, News Coordinator - Radio


Sangster
A former member of the Public Service Commission (PSC), Dr Alfred Sangster, is supporting the prime minister's decision to recommend the dismissal of the five-member body.

In a letter to the governor general late last year, the prime minister, Bruce Golding, recommended that the PSC members be dismissed for misbehaving, and yesterday, Dr Sangster expressed agreement with the recommendation.

"There is good grounds for the Prime Minister's action," Dr Sangster told The Gleaner/Power 106 News Centre. "The prime minister's position can be upheld in court."

Dr Sangster's comments came hours after his four former colleagues filed a suit in the Supreme Court challenging their dismissals. Daisy Coke, Pauline Findlay, Mike Fennell and Edwin Jones filed a suit against the prime minister and the attorney general, claiming that their dismissals were unconstitutional.

But, Dr Sangster said he does not wish to be party to any suit challenging the authority of the prime minister.

Like the prime minister, he has criticised the PSC for failing to carry out a court order for the reinstatement of Lackston Robinson as acting deputy solicitor general.

In a July 2007 ruling, the Supreme Court said it was unfair for Robinson to be reverted to his substantive post of senior assistant attorney general without being assessed for the job in which he was acting when there was a clear vacancy.

Transferred
Instead of reinstating Robinson, the PSC transferred him to another department in the public service, creating what Dr Sangster called a major indictment on the commission. "Clearly, that's a good case for misconduct," he continued.

But, the former PSC member says he was not a part of the commission at the time of the July 2007 court ruling in favour of Robinson.

Turning to the PSC's recommendation for Professor Stephen Vasciannie to be appointed Solicitor General, Dr. Sangster said, last year he agreed with his four colleagues that the Professor should be selected to succeed Michael Hylton as Solicitor General.

But, according to Dr. Sangster, at that time, he was not aware of a 2002 newspaper article in which Professor Vasciannie severely criticised the return of Bruce Golding to the Jamaica Labour Party after leading the National Democratic Movement.

Dr. Sangster said having learnt of the article, he made three attempts to have the PSC members review the recommendation, but he was not successful in having it withdrawn.
"The Vasciannie comment was in fact a sensitivity which the Public Service Commission should be aware of," Dr. Sangster said, adding that the utterances of Professor Vasciannie could seriously undermine a potential relationship between the Office of the Solicitor General and the Prime Minister.

[Gamma]

well, i agree with you that the worst nightmare thing is being taken a too far and is being petty in this instance.

dr sangster has stated his reasoning and he should know better than anyone of us of what he speaks.

as for the other 4, what do they hope to achieve if not disharmony?

[Karl]

well, i agree with you that the worst nightmare thing is being taken a too far and is being petty in this instance.

dr sangster has stated his reasoning and he should know better than anyone of us of what he speaks.

as for the other 4, what do they hope to achieve if not disharmony?

What has Sangster said?
i) He agrees with the PM?
...and, why? - ii) Vasciannie's comments would make for 'bad blood' between himself and the PM?

...so, our PM harbours 'bad feelings'? Pity those he believes are PNP supporters?

All I can say, it appears Dr. Sangster is fit for Shady Pines - or as we are wont to say, im 'ole yuh kno...im ead tend fi come an guh'!!!

[Karl]

... Whole case handled poorly, says Davis
published: Tuesday | January 29, 2008

Edmond Campbell, News Cordinator

Davis
Outgoing head of the public service and Cabinet Secretary, Dr Carlton Davis, says the issue surrounding the former members of the Public Service Commission (PSC) is something that was closer to the Greek definition of a tragedy.

Speaking in an interview with The Gleaner, Dr Davis said the episode, which led to the dismissal of the former PSC members, was regrettable.

Dr Davis goes into retirement on February 29, but could stay on until April 30 to facilitate the appointment of his successor.

He suggested that the issue could have been dealt with differently.

The Cabinet secretary explained that under the Constitution, the PSC could make a recommendation to the governor general for the appointment of public officials without consulting anybody.

No approval
According to Dr Davis, the recommendation to appoint Prof Stephen Vasciannie as solicitor general did not meet the approval of the government, for one reason or the other.

Discussing how this controversial issue could have been handled, Dr Davis said, "I suppose one way is to let the appointment go through, if Prof Vascianne does not perform, in his particular case, he would have been a contract appointment, and I am sure there would be terms of the contract which would allow separation on terms."

He argued that the Trinidadian independence constitution was similar to the Jamaican Constitution in regard to the role of the Public Service Commission.

Dr Davis said a change was made in the Trinidadian Republican Constitution of 1981, to give clearance power to the prime minister.
"It may be something that the Government needs to talk about with the people ..." he said.

The Cabinet Secretary said he was dragged into the PSC saga for doing something that he had always done.

"The Public Service Commission has the power to create interviewing panels," he said, noting that "I have sat on these panels over many years".

"Some of the critics of my appearance did not even know until later on that the Public Service regulations allow the Commission to create interviewing panels, which make sense," he said, noting that he was surprised that eminent lawyers jumped on the "bandwagon without briefing themselves".
"Let me put it this way it is something that would perhaps be closer to the Greek definition of a tragedy in the sense that people with noble motives somehow failed because of some flaw," he said.

[Gamma]

get real karl...you same one said that if golding tried to appoint a pnp mp as house speaker he should refuse it....suh get offa yuh hugh horse.

[Willi]

There I wholeheartedly agree.

But to solely blame Golding is disingenous. Hardball was being played against him.

He and Portia SHOULD have worked out a settlement that was palatable to both.

[Lazie]

Now .. I wonder what those people that were on Golding's case have to say about Sangster's stance?

"No way baby .... this ain't over baby!"

[Karl]

get real karl...you same one said that if golding tried to appoint a pnp mp as house speaker he should refuse it....suh get offa yuh hugh horse.

Some things you do!
...and, some you don't!

[Gamma]

profound .... yet....given the context...nonsensical!

[Karl]

profound .... yet....given the context...nonsensical!

Well I see no conflict with saying a PNP MP should not take the Speaker's chair if it were offered...and, suggesting that the PM/JLP and Opposition Leader/PNP should have resolved differences brought about on this 'PSC issue'!