PSA general council member: Duke cannot serve as PSA president

A member of the Public Services Association's (PSA) general council said its annual conference must be convened immediately to discuss and decide on the role of Watson Duke as its president.

Speaking with Sunday Newsday, general council member and chairman of Industrial Court PSA section Duaine Hewitt pointed out that the association's constitution clearly outlined the duties and the responsibilities of the president, which, he said, Duke no longer satisfied.

Hewitt said if Duke operated in both roles, then there would be severe breaches, conflict of interest and a lack of fairness for both offices.

He said, “To do what Duke is doing there needs to be an amendment to the constitution, which would include a lot of work and deliberations that cannot be done in a short period of time.

“So now, how can he effectively represent a worker as PSA president when he also has to maintain relations with the Chief Personnel Officer? That is a clear conflict of interest that will never go away.”

Hewitt added that at present the PSA was operating by "vaps" because there have been no general council meetings in over nine months, and no annual conference in nine years.

He said the conference was the supreme authority of the PSA and the general council was the body responsible for the affairs between the association and the conference, and there has been no communication on the part of either office on this recent matter.

“As far as we are aware, the general council as a body, which has not sat for the last nine months, is not properly constituted. It is the same thing with the conference.

“At this point, we don’t know who the members of the general council are and if they are properly suited to being there. As it stands the PSA has been hijacked and immediate action can be triggered if members sign a petition for an election to be called,” Hewitt explained.

Duke was appointed Deputy Chief Secretary of the Tobago House of Assembly (THA) after the Progressive Democratic Patriots (PDP) won 14 of the 15 seats, defeating the People's National Movement (PNM), in Monday's elections. Duke is also the PDP’s leader.

After the swearing-in of the newly-elected THA on Thursday, concerns were raised over the legality of Duke's serving as PSA president and Deputy Chief Secretary.

This has led THA Chief Secretary Farley Augustine, who is also the PDP’s deputy leader, to set a three-month deadline for Duke to cut ties with the PSA.

Duke has said he was not prepared to completely abandon public service workers to serve solely in the THA. He also said he would give up his remuneration and benefits associated with the PSA position.

A bulletin to its members signed by the PSA’s general secretary Susan Gray said, “On December 7 it was recorded that the executive of the Public Services Association, took a unanimous and collective decision that all of the benefits and remuneration assigned to the sitting president, Mr Watson Solomon Duke, of the Public Services Association of Trinidad and Tobago, for the residue of the duration of his presidency will cease.

“However, the president will continue to carry out his constitutional duties in keeping with the PSA constitution.”

But Hewitt said the decision taken by the executive in the bulletin was unlawful and ultra vires its powers, as all finality on the matter rested within the authority of the conference, which was the supreme authority of the PSA.

“Under section 13, part III clearly defined the terms and conditions of a full-time officer...the conference, acting on the advice of the general council, makes regulations in this regard. It is not the executive council.

“Logically he (Duke) cannot serve in two full-time posts – as PSA president and in the THA. There is also nothing (such) as a voluntary president in the PSA.”

On Thursday, Attorney General Faris al-Rawi also weighed in, saying if Duke refused to relinquish his post at the PSA, then there could be serious constitutional consequences.

Duke, he said, must choose which of the two positions he will commit himself to, since he cannot lawfully do both.

Al-Rawi said, “The THA Act Ch. 25:03 in combination with other laws and indeed from our longstanding constitutional conventions that the assumption of executive office precludes the continuation of employment or occupation elsewhere.”

On Saturday, the AG said he was awaiting a reply to an urgent letter he sent on December 9 to the new Chief Secretary on the issue.

“I cautioned Mr Augustine that Mr Duke cannot hold two portfolios under law and that is clear in our laws.

“So let me await his response. Suffice to say a response to the media is not a response to the Attorney General’s letter to him.”