Harmon offering legal help on public service dismissals
Leader of the Opposition Joseph Harmon is urging persons who believe they have been unfairly removed from posts in the public service to approach his office for advice and legal support.
“The Office of the Leader of the Opposition is opened and from Monday to Saturday, there will be Members of Parliament there to take complaints. In particular, persons who were dismissed are asked to come with their letters,” Harmon told a press conference on Friday.
He explained that his office is prepared to offer legal assistance and other advice to any who might require it before asking that those who don’t want to take action to nevertheless submit a copy of their letters to his office. “We want to make a compilation of those letters,” he stressed.
Since entering office, the PPP/C government has replaced several career public servants who had been duly appointed to the post of Permanent Secretary (PS) with persons who are in several cases significantly less qualified than those whom they have replaced.
Most recently, the
Guyana Public Service Union (GPSU) criticised the government’s dismissal of Permanent Secretary Sherie Samantha Fedee.
Fedee, a veteran public servant, was told via an October 12th letter that she was no longer PS and no longer held a post within the public service.
“I hereby inform you that your appointment as Permanent Secretary with the Ministry of Indigenous People’s Affairs on September 15th, 2020 is hereby revoked,” Minister of Governance and Parliamentary Affairs Gail Teixeira wrote to Fedee, before directing her to proceed on accumulated leave and return any property and records belonging to the government.
“We would like to thank you for your years of service and wish you the best in your future endeavours,” she concluded.
GPSU President Patrick Yarde had accused Teixeira of usurping the power the Public Service Commission, which he argued was constitutional responsible for the appointment and termination of all public servants.
In response, Teixeira maintained that the power to make appointments to the Office of Permanent Secretary and to remove from such office vests exclusively in the presi
dent, pursuant to Article 205 of the Constitution of Guyana. She asserted that this power is exercisable by the President and is not subject to, any recommendation of, or consultation with, any Commission, including, the Public Service Commission, or indeed, any other person, body or authority.
A reading of Article 205, however, suggests that while the president does not need to consult with the Public Service Commission on the dismissal of a permanent secretary he is required to do so in relation to the appointment of one.
Teixeira further said that the constitutional rationale for this power being vested exclusively in the President resides in Article 115 of the Constitution, which renders a Permanent Secretary subject to the direction and control of the President or a Minister appointed by the President.
And although she wished Fedee the best in her future endeavours, the minister subsequently disclosed that she “will be offered a lateral position at the same terms and conditions.”
Teixeira’s letter to Fedee had made no mention of any lateral position.
The government has manufactured several positions to facilitate the removal of former Permanent Secretaries whom it cannot legally dismiss. Former Permanent Secretary of the Ministry of Business Karen Van Sluytman-Corbin was reassigned to the position of “Chief Administrative Officer” following the change of government.
Though she has been informed that her reassignment carries “terms no less favourable than that of Permanent Secretary,” there is no listed public service post with the designation of Chief Administrative Officer.
PS is listed as approved public sector posts in the 2020 budget with a remunerations at the General Salary Scale 14. The closest approved post is that of “Administrative Officer” with approved remunerations at a General Salary Scale 9.