Central Bank chauffeur: Employees should not have to quit to run for office

The chauffeur who is a UNC candidate in the local government election says its time his employer, the Central Bank, allow employees to freely run for political office.

Lyndon De Gannes, who has worked for the Central Bank for 28 years, is the UNC’s candidate for Malabar North. On Friday night, he got a High Court injunction against the bank which gave him a mandate to withdraw his candidacy.

He received a letter from the bank on Monday – nomination day – reminding him of the bank’s code of conduct and common terms of conditions of employment which prevents employees from running for political office.

The code says while the bank encourages employees to exercise their civil rights, it must operate in an objective, impartial and balanced manner and be seen to be politically independent so employees cannot run for or hold political, local government, borough council or parliamentary office.

“The Central Bank is a state institution. The governor and deputy governors are politically appointed by the government of the day. I am not involved in the high level policy and management of the bank. I am but a mere chauffeur and hence I fail to see how my running for the UNC in this election will interfere with the independence of the bank any more than my co-workers being allowed to openly campaign for the PNM," De Gannes told Sunday Newsday in an email interview.

“To my mind, it is time to review some of these policies. You cannot be half pregnant. It is either you forbid all forms of political activities or you allow workers to engage in same.”

De Gannes is a shop steward for the Banking and General Workers Trade Union. He started as an estate constable, was promoted to estate sergeant and was transferred to the chauffeur II position.

Therefore he was “traumatised” when he received the letter telling him he had to choose between his desire to serve his community and country, and his job. He said he discussed it with his family, prayed on the matter as a full-gospel Pentecostal, decided to stand up for his rights, and sought legal advice.

He said if he was elected and local government reform legislation made the job of councillor full time, he would probably have to resign anyway.

Asked why he contested this election, De Gannes said the PNM had not served the people of Arima well and there was widespread dissatisfaction with the councillors.

He said he was a PNM supporter until the People’s Partnership was formed. He felt the areas and people supporting the PNM had not progressed and developed in the way they should and believed Opposition Leader Kamla Persad Bissessar did more for the country during her time as Prime Minister.

“People often complain; but talk is cheap. I have a passion for service to the community and enjoy helping people. Given my experience in the trade union, I felt it is time to stop talking, take a stand and offer myself to serve the people.”

He said he met with Persad-Bissessar who advised him to discuss the matter with his family and to pray on it. She said she would respect and support whatever decision he made.

De Gannes’ attorney Anand Ramlogan, SC, added, “Regardless of who wins, lose or draw, the point is that the country needs to ensure that institutions of the State don’t oppress people’s rights. That is what it’s all about. I think Mr De Gannes was very strong to come forward to take on the mighty Central Bank of TT.”

Former head of the Public Service Reginald Dumas explained there were rules set out by the government that civil servants could not present themselves for electoral office although those in the teaching service can.

“If the Central Bank has rules, presumably by accepting employment, he accepted these rules. The question is whether the rules are in conformity with the Constitution. I think that is the issue.”

He said he understood that bank wanted to be as impartial as possible and above politics. It also may be concerned about employees taking information from the bank and giving it to their parties to be used against the Central Bank or the government.

However, Dumas said the constitution allows for freedom of association and Section 4E in particular said citizens have the right to join a political party and express political views.

“The question is if his (De Gannes’) desire to run for local government is covered under the Constitution. It remains a question and that is for a court to decide.

“If the Central Bank rules do not prohibit you from campaigning for a party, why do they prohibit you from running for a party? I don’t follow. In both cases, he belongs to and is committed to a party of his choice. The Central Bank rules need to be examined because they appear contradictory.”