‘Education officials acting ultra vires’

Chief Education Officer Joy Adamson and Minister of Education Santia Bradshaw are among the latest public officials to incur the wrath of veteran trade unionist Caswell Franklyn.

On this occasion the two were blasted for their part in “disrupting the public school system” through the abrupt transfer of principals at the start of the new school year.

During debate on the Public Service Appointments Bill 2020 in the Upper House Wednesday, Franklyn condemned the controversial transfers that affected as many as 20 head teachers, as a breach of the country’s Constitution.

In fact, he argued that although the practice has been allowed to occur for years without challenge, the Chief Education Officer had no legal authority to transfer principals.

In early September a petition was launched demanding the reversal of a decision to transfer former Deighton Griffith Secondary School Principal Anthony Alleyne and former Frederick Smith Secondary School Principal Major Michael Boyce.

When asked to justify the timing of the appointments, Minister Bradshaw claimed that such changes were under the remit of the Chief Education Officer and urged the affected principals to adapt.

“…Just as ministers have to adapt to changes in ministries, we expect that leaders of institutions across the board, whether at the corporate level or across our public institutions will also be able to do the same,” Bradshaw told journalists.

“That is part of the profession and I think if you speak to most principals, they would understand and appreciate that fluidity as well,” she added.

But Franklyn, who is representing at least one affected deputy principal, explained that under Section 95 of the Constitution it allows the Governor General, who is charged with appointments and transfers of department heads, to delegate such responsibilities to members of the Public Service Commission.

According to Franklyn, in 1974 the Governor General under the Delegations, Functions, Public and Police Services Miscellaneous Provisions Order (1974) allowed the Chief Education Officer power to make acting appointments to the post of teacher, supernumerary teachers and disciplinary teachers. He added that no such orders before or since then have vested the power of transfers in the hands of the Chief Education Officer.

“I hope the people in BAPPS are listening, because they don’t know and they accept the transfers and grumble. If anybody doubts me, they can read the documents for themselves. Section 94 of the Constitution gives the powers to the Governor General and at section 95 the Governor General can delegate all of the other powers to other people except the power to dismiss. To the Chief Education officer, [the GG] gave these two little powers and the Chief Education Officer took more unto themselves. Stop it,” Franklyn warned.

“That is all the power that the Chief Education Officer has. If the Governor General under an instrument of law delegates unto you certain powers, you cannot arrogate unto yourself more laws. You can transfer and appoint temporary teachers, but a principal is not an acting or deputy teacher. So [Joy Adamson], or whoever sits in the office of the Chief Education Officer cannot transfer a principal,” the Opposition Senator added.

He further explained that under the Public Service Act, a principal is categorized as a head of department who, pursuant to the constitution can only be transferred by the Public Service Commission after consultation with the Prime Minister.

In some cases, the trade unionist revealed that such changes were being summoned by Ministers of Government.

“But principals have been transferred over the years and certainly after 2007 when this act came into force,” said Franklyn.

He added: “They are not even acting on their own, they are acting under the instruction of people who don’t have authority to give them instructions. So you disrupt the school system because some people get vexed or don’t like somebody or because some person didn’t go to a good enough school.” 
kareemsmith@barbadostoday.bb