Patrick Yarde is not in a conflict of interest situation

May 29, 2017 Letters

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Dear Editor,
While I am no attorney-at-law it is a known fact that ignorance of the law is not acceptable as a defense for a breach of the law and as such I have endeavored to acquaint myself with the law to the extent that what I am about to state I am confident that it is an accurate interpretation of the spirit and intent of the Constitution of Guyana. In this regard I refer to the current unwarranted attacks of the Guyana Public Service Union’s (GPSU) representatives’ legitimate involvement as members of the Public Service Commission (PSC).
First, let me state the premise of my contention by quoting the Constitution of Guyana:
Chapter 1:01 article 8 “This Constitution is the supreme law of Guyana and, if any other law is inconsistent with it, that other law shall to the extent of the inconsistency, be void.”
Secondly, the GPSU representatives on the PSC were determined by the Parliament of Guyana in accordance with the Constitution of Guyana:
and I quote Article 200 (b) “two members appointed by the President upon nomination by the National Assembly after it has consulted such bodies as appear to it to represent public officers or classes of public officers; and”
Thirdly, Patrick Yarde’s elevation as Deputy Chairperson of the PSC was done in accordance with the Constitution of Guyana:
Article 200 (2) “The Chairperson and Deputy Chairperson of the Commission shall be elected by and from the members of the Commission using such consensual mechanism as the Commission deems fit” and his subsequent elevation to acting Chairperson was also in accordance with the Constitution of Guyana.
Article 200 (5) “If the office of Chairperson of the PSC is vacant or the holder thereof is for any reason unable to perform the functions of his or her office, then the holder of the office of Deputy Chairperson or if that office is vacant or the holder thereof is for any reason unable to perform the functions of the office of Chairperson, one of the other members may be elected to act in the office of Chairperson;”
Fourthly, article 198 (1) of the Constitution of Guyana states:
“The members of the Judicial Service Commission (JSC) shall be”-
(c) “the Chairman of the Public Service Commission”.
Based on the above it is pellucid and unambiguous what was done and to emphasize is in accordance with the Constitution of Guyana the supreme authority. It is therefore, disconcerting to see the accommodation and publication that is repeatedly given to inappropriate comments on this matter.
Public Servants having the right to seek redress from the decisions of the PSC were unconditionally supported by the GPSU from the inception even though the union enjoyed the privilege to have a member on the PSC. So serious and committed was the GPSU to this position that representation was made to the late President L. F. S. Burnham resulting in an amendment to the Constitution of Guyana for the creation of the Public Service Appellate Tribunal (PSAT) in 1984 facilitating all challenges by public servants seeking redress because of displeasure with the decisions of the PSC.
Again, I wish to emphasise that the establishment of the PSAT was pursued successfully by the GPSU regardless of the fact that it had a nominee on the PSC, to reinforce justice and fair play in these matters.
Non-appointment of the PSAT by the President of Guyana commencing with Bharrat Jagdeo has always been a concern of the GPSU and it is public record, the GPSU’s ongoing representation and protest advocating the appointment of the PSAT, also in 2017 while Mr. Patrick Yarde is acting Chairperson of the PSC. The GPSU wholeheartedly welcome the appointment of the PSAT by President Granger, this expression was publicly stated by Patrick Yarde after the swearing in of the members of the PSAT.
It appears most ironical that one who has been in the vanguard of these achievements for justice and fair play and who, individually as a member of the PSC, has no power to make any decision on behalf of the PSC, which decisions incidentally requires the support of a majority of the members of the PSC, is being singled out for personal attacks.  The only conclusion one could have is that these persons are narrow minded, petty and have a grudge. The GPSU condemns and rejects this banality.
Conflict of interest seems to be the “buzz word”.  Mr. Yarde mentioned to the Executive Council Members on Friday May 19, 2017 that after a meeting of the Dependent Pension Fund Board held Thursday May 18, 2017, Prof. Harold Lutchman raised the issue of conflict of interest with him which he dismissed. Prof. Lutchman then told Mr. Yarde that the Commission of Inquiry (COI) into the Public Service had some recommendations with respect to the PSC. Mr. Yarde reminded him that the COI’s recommendations were not fully supported by the GPSU. In fact, it should be noted that the GPSU had publicly stated that it did not agree with some of the recommendations of the COI.
The Professor then told Mr. Yarde that he was certain that his position as Chairman (ag) of the PSC would be challenged as one of conflict of interest. It seems as though Prof. Lutchman was privy to some information, since only a few days after we saw all these criticisms in the printed media.
Why all this brouhaha? Freddie Kissoon mentioned, in an article entitled “President Granger asked to review Patrick Yarde’s appointment to PSC Chairmanship” dated May 23, 2017, instances of Judges recusing themselves from cases where they may have an interest; the same could be done in the case of the Chairman of the PSC.
Joshua Singh speaking of the members of the Commission being men of integrity etc. is he impugning the integrity of members of the Commission? Our legal advisers will have to advise on this. In any case, if the public servants do not agree with any decision of the PSC they can always seek redress from the PSAT whose members are not PSC Commissioners.
Mr. Earl John has branched into an area of no concern to him, from his article “We are caught in an injudicious system” in the Stabroek News of May 25, 2017. He needs to check the Constitution of the Cooperative Republic of Guyana to be acquainted with the composition of both the PSC and JSC. Even in his area of competence the GPSU had some bad experiences in dealing with the firm Jones and John Associates. At the Guyana Geology and Mines Commission Jones and John Associates did a job evaluation that disrupted the normal Union/Management relations that escalated into industrial action. The situation only returned to normalcy after several of their recommendations were amended.
Mr. John speak about conflict of interest but he was VERY SILENT when his “partner”, being a member of the 2016 Presidential Commission of Inquiry into the public service, instantly after that involvement was an active member on the Government’s team negotiating with the GPSU for wages, salaries and allowances for the public service, which negotiations incidentally, were for 2016 and are inconclusive.
The fact that Mr. John is dumbfounded by the action of His Excellency in appointing the acting Chairman of the PSC to the JSC speaks poorly of his intellect, highlights his double standards and expose his deep seated prejudice for working class people and trade unions. The Constitution clearly states how the Chairman of the PSC is elected and the members of the JSC appointed.
On the occasion of this 51st Independence Anniversary of our nation there ought to be an environment of expressions of enlightenment and upliftment in pursuit of harmony, unity and sustainable development on which I am certain that all open minded and forward thinking Guyanese should focus.
Dawn Gardener

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