Two teachers are facing disciplinary charges for running in the January 19 general elections, but a trade union leader who is representing one of them is challenging the move, demanding the educator’s salary be restored and threatening to take the matter to court if the charges are not withdrawn.
Barbados TODAY understands that Alwyn Babb, a teacher at the Lester Vaughn Secondary School who ran on a Democratic Labour Party (DLP) ticket in St Peter, and Pedro Shepherd, who flew the DLP flag in the St Michael South East constituency, were served with letters from the Ministry of the Public Service this week, informing them that disciplinary charges were laid against them and they would be sent on leave with half pay, from Wednesday, for a period of six months.
The teachers were advised that they had 14 working days from receipt of the correspondence to reply to the charges of misconduct laid against them, and that they could choose a trade union representative, attorney-at-law, or a friend to accompany them to any scheduled disciplinary hearing.
A source close to Shepherd informed Barbados TODAY that the former President of the Barbados Union of Teachers (BUT) intends to meet with representatives of that union next week to determine his written response to the charges.
In the April 4, 2022 correspondence to Babb, a copy of which was obtained by Barbados TODAY, it was stated that on January 19, 2022, the Permanent Secretary in the Ministry of Education, Technological and Vocational Training, informed the teacher of his breach of Paragraph 15 (1) of the Code of Conduct and Ethics, categorised as misconduct of a serious nature in Paragraph 2 of the Code of Discipline in the Public Service, Third Schedule, Public Service Act, Cap. 29.
The track and field coach was informed that investigations into his alleged misconduct had been completed and that Chief Education Officer Dr Ramona Archer-Bradshaw made recommendations to the Administrative General and Professional Service Commission that disciplinary action should be instituted against him for misconduct of a serious nature.
“Further, the Administrative, General and Professional Service Commission, having accepted the recommendations of the Chief Education Officer, advised Her Excellency, the President, that disciplinary charges be laid against you,” the correspondence stated.
Babb was informed that President Dame Sandra Mason, acting with the advice of the Administrative, General Professional Service Commission, had approved the charges.
Babb faces four charges: committing misconduct of a serious nature between January 3 and January 19, when he as a public officer participated in the 2022 General Election as the DLP parliamentary candidate for St Peter, contrary to General Order 3.18.1 of the General Orders for the Public Service 1970 and in contravention of Paragraph 2 (h) of the Code of Discipline in the Public Service, Third Schedule, Public Service Act, Cap. 29; speaking at the DLP political meeting at Checker Hall, St Lucy on January 5; failing to comply with the restrictions placed on his political activities as a public officer; and being absent from the performance of his duties as a teacher without leave or approval, between January 10 and 12.
General Order 3.18.1 of the General Orders for the Public Service 1970 states that officers and employees are expressly forbidden to participate actively in politics, including the following: (a) being adopted as a parliamentary candidate; (b) canvassing on behalf of any party or candidate for election to the House of Assembly; (c) acting as agents or sub-agents for any candidate for election; (d) holding office in party political organisations; and (e) speaking at political meetings.
However, General Secretary of the Unity Workers’ Union (UWU) Caswell Franklyn, who indicated he will be representing Babb, has already sent a response to the Director-General, Human Resources Ministry of Public Service.
The trade unionist said that in his professional opinion, the teachers were being penalised “for exercising their constitutional right to run for a seat in Parliament”.
“They are seeking to terminate the services of teachers who ran in the last general elections, claiming that they are in breach of the General Orders and the Public Service Act. There is nowhere in the Public Service Act that says a teacher cannot run. The Constitution bars three offices from running – the office of a judge, the Director of Public Prosecutions and the Auditor General.
“In 1974, the then Prime Minister brought members to Parliament to remedy that, to include other public officers in that group, and he made provisions in the Constitution that Parliament will prescribe other offices that cannot run. This is 48 years ago and they have not made the names of other offices that cannot run. Only Parliament can do it,” Franklyn insisted.
In his response to Babb’s charges which he said are without merit, the trade unionist asked that they be withdrawn and that the UWU member’s salary be reinstated with immediate effect.
Franklyn, who accused the Ministry of Public Service of targeting Babb and Shepherd because they ran on a DLP ticket, noted that public servants from other political parties also participated in the last general election.
“They were election agents and nobody is going after them. Not that I want them to go after them, because there is no law that says you can go after them, but if they mistakenly believe that they can go after public officers, why only Democratic Labour Party members? That is the problem I have with this thing,” the veteran trade unionist argued.
“Well, if common sense prevails, it will stop here when they find out that they are wrong. But if they still persist, you will notice that my letter is copied to an attorney-at-law. I will bring him on board to pursue it in court because we will not allow them to go through any process that they don’t have to go through. And we will seek to bar the Government from taking any action against them,” he added.
In the correspondence they received, Babb and Shepherd were reminded that during the period of interdiction, they were not allowed to leave Barbados without prior written permission of the President acting in accordance with the advice of the Administrative, General and Professional Service Commission.
anestahenry@barbadostoday.bb
