The Public Service Commission is entering its third month of a stalemate with the government. The Briceno Administration wants the current members to resign so they can name their choice of commissioners - a privilege they think should be afforded to any new government. But the current commissioners refuse to resign, even though the Minister, Henry Charles Usher, asked them to do so on December 9th.
After consultation among themselves, the 5 commissioners decided they wanted this request in writing, but the minister refused to oblige them. They met again and unanimously decided they would not resign. They delivered this decision to Usher and have not heard from him since.
And, from December 14th they have been sending numerous letters asking for a meeting - all of which have gone unanswered. This led the PSC to write to the Governor General to ask his assistance.
Speaking with us today via Zoom, chairman, Charles Gibson, explained that their backs were against the wall, and writing to the head of state was their only option:
Charles Gibson, Chairman, PSC
"Our feeling is for us to be asked to resign is unconstitutional. We feel that if we were to do so, we would be getting ourselves into politics. I find it ironic, Jules, if a new commission is going to be appointed, unless the constitution changes, it's the prime minister who will select those persons, whoever those persons are. The names of those persons will go to the current leader of the opposition and will go to the governor general for appointment. Unless that process is changed, does it mean then that four or five years from now, if those persons are still on the commission, that they would be facing the same things that we are facing."
"We felt that what we needed to do was to write a letter to the governor general, who is the head of state, and who, incidentally, is the person who has appointed the commission. I don't know if you're aware each time a commission is appointed, we get something like this, it's actually a signed commission by the governor general and it states the period of time you are appointed for. So we felt that we are aware the governor general himself cannot do anything but we felt that if we wrote to the head of state, perhaps something can happen."
"On the 20th of January, we wrote a third letter and the third letter is basically asking for a meeting. We did not receive a reply to that either. Now that's after the 15th of January letter to the governor general. Now as recent as January 27th, we wrote a fourth letter asking for a meeting - it says as expressed earlier the commission is very concerned that there are mounting and urgent matters affecting the smooth operation of the entire public service that needs to come before the PSC for its consideration since its last meeting of 5th November. Can you kindly make the necessary arrangements to have a virtual meeting of the commission on Thursday, 14th February, which is tomorrow. Kindly acknowledge receipt of this letter and the commission looks forward to receiving our meeting packages at least two days prior to the meeting of 4th February. Today, as you know, is the 3rd of February and we have not had any response to this letter, any response to this letter, nor have we received meeting packages."
On Monday Public Service Minister Usher condemned the PSC members for their refusal to step down, saying that they were stopping the government from doing its work. Gibson says it's the other way around.
Charles Gibson, Chairman, PSC
"We are not the one who do not want to meet, we have been asking to meet repeatedly. We are not the ones who have been holding up the work of the government. If they call a meeting as we hoped they would tomorrow, we are prepared to work. We have given our assurances. We are willing to work with the new government. It is not any day that we said we are not prepared to work with the government. So it is not us that is holding up the work of the government, it's the government who does not want the commission to work."
Jules Vasquez:
"Why don't you simply take the high road, avoid the harassment, and take the sort of route Steve Perera, the chairman of Elections and Boundaries, whose post is also constitutionally enshrined, he chose to walk away rather than have his name called in the House of Representatives and rather than be a bottleneck and a costly one in the operations of the government."
Charles Gibson, Chairman, PSC
"Because, Jules, as a I said earlier, we are standing up for principle. I made notes, very clear notes, at one of the, as a I suspect, at the first house meeting, spoke of the rule of law. And that the rule of law is of paramount importance to the government. We are simply following the rule of law. We feel that we are standing up for principle. To resign would be for us to abandon the commitment, the sworn oath that we have given for us to do our work."
"I want to point out something very clear, commission members receive a stipend. So for those persons who may be harboring the thought that, oh these people are not doing anything and are getting paid. That is not so. I have got a call from members of the commission and I'm now talking about the PSC and the Security Services commission to say that their stipend has not been paid and when I checked at the Ministry of Public Service, that is the case. People's stipend have not been paid for November, December, January. We're in February now."
The last time the commission met was on November 5th. Their duties include the promotions, appointments, transfers, discipline, and retirement benefits of public officers. Without them, the officers cannot proceed in any of those areas.
