Cabinet can’t bypass CTC
(CNS): Despite claims by the leader of government business that the Central Tendering Committee process can be by-passed for the development of the cruise berthing facilities, the auditor general has said that this is not the case and that the committee must still be involved. Responding to McKeeva Bush’s comments in the media that he would sue both the auditor general and the governor if they tried to stop him and lost the country money, Duguay told CNS that it was his job to ensure the proper process according to the Public Management and Finance Law is followed for all government projects.
Duguay explained that Section 35 of the PMFL sets out clearly the process that has to be followed on all projects worth over $250,000. Bush has told the Caymanian Compass, “Cabinet can, in the interests of the country, decide these things….Cabinet can say ‘yes, it goes to Central Tenders’ or ‘no, it doesn’t.” However, Duguay said that unless the law had been changed that was simply not true.
While the full process can be circumvented on some occasions for various reasons relating to special circumstances and unique expertise, the CTC must still be consulted and involved. The AG stated that and if in this case ‘expressions of interest’ are going straight to a contract, that is not a decision that can be made just by Cabinet. Duguay also noted his particular concerns that the committee which had selected the criteria was made up of four politicians.
Duguay said whether Bush intended to sue him or not it was perfectly legitimate for his office to do an audit on this process given the size of the project. He said he was sure that whoever was going to invest in this development would want to ensure that the proper process had been followed.
“The financing and ownership arrangements on this project remain unclear and there are numerous other questions which my office would like to understand and so we are beginning to gather information as we wait on the imminent announcement of a contract,” Duguay added.
Following the accusations Bush had made that the auditor general was not acting on his own in announcing the audit and that he saw an “agenda” to stifle every investment opportunity, Duguay stated that the only agenda he had was to see that proper procedure had been followed.
“I am acting alone in this decision and there is no agenda to stifle investment and I am sure the investors will be glad that the process will be properly examined,” Duguay said, confirming that Bush had called him over the weekend to express his displeasure that the AG had made a decision to undertake the audit.
In his role as AG, Duguay must decide on which audits he needs to undertake to ensure transparency and value for money in decisions affecting all government assets. Bush accused the auditor general of ignoring problem projects undertaken by the previous administration, such as the schools and asked why he hadn’t audited former tourism minister Charles Clifford’s port plans which also bypassed the Central Tenders Committee.
Duguay explained that the previous port project only went as far as a Memorandum of Understanding with the Atlantic Star developer but not a contract and had it done so he probably would have wanted to audit the process. He also observed that the schools did go through the CTC.
At a PPM council meeting on Monday night, Alden McLaughlin reminded party supporters that this was the old problem of McKeeva Bush not going through the proper CTC process rearing its ugly head yet again. McLaughlin observed that the LoGB’s claims that the AG was treating the previous administration and the current administration differently were unfounded because the PPM followed the law.
“You can say the schools may be costing too much but the award of that contract was not made by us it was made by the Central Tendering Committee, which is why the AG had not seen the need for an audit,” McLaughlin said. He added that it was a dangerous precedent to set up a committee of politicians and have them say who will get a contract. “When there is that level of political involvement we are unlikely to get value for money as it is going to go to people who are going to support the politicians.”
McLaughlin said that the reason why the law was established to ensure all contracts over $250,000 go to CTC was to take politics and nepotism out of the decision and get the best person for the job, not the best person for politics.
However, Bush has remained undeterred and continues to defend the way the project is moving along. Speaking on Rooster’s phone in show, Crosstalk, on Tuesday morning, he said that government was not spending any money on the project, one which was badly needed, as the cruise industry was in jeopardy and it was a priority for the country. “We are not spending anything on this,” he said. “So there is no value for money issue.”
He said he would make sure the project was in the best interest of the country and there would be an environmental assessment done to see how it could affect Seven Mile Beach, but that no governor, no auditor and no opposition knew the situation better that McKeeva Bush. Asked about the recent FCCA report and the evidence that cruise tourism in Cayman is doing well, with 90% of visitors coming of the ships, Bush dismissed it and said there were other issues at work making Cayman lose money.
The decision on who will be offered the port project is expected to be finalized today during the Cabinet meeting. CNS understands that a consortium of local developers working with the Dart Group will be taking the lead on the project with backing from a major cruise line. It is also speculated that Misener Marine, the company involved in the previous Royal Watler Cruise Terminal project, will be involved in the construction of the two cruise piers.
Category: Headline News
Notice how the Auditor General or the Governor didn’t feel that the Tax Review the UK wants is being rushed?
Ask them if the selection of those persons to do the review should be sent to CTC?
This is going to be a Northern Ireland soon.
Your final comment makes no sense wharsoever
LOL! Funny, but true.
Me thinks you need to study the independent history of the Chicken Radio duo and you might find that one in particular is not really a buddy of the Bush. Tis interesting to watch all of the various relationships in politrics and how they evolve.
Why didn’t the Auditor General point out, as he did when Auditing Tempura, that there are circumstances when CTC can avoided?
It sounds like the UK and it surrogates are doing everything to delay the economic recovery of the Cayman Islands. Why? – Maybe they want us to tax!
Spin, spin, spin. My head is dizzy from all that spinning.
Do you all really take the Cayman public for idiots?
People, you better do somethign about this. Once it is done it is DONE! As usual, the decission has been made, the relevant studies are conducted afterwards. This is not about needing berthing facilities or not needing them. This is about getting things right, dotting your i and crossing your t!
McDinejad must have forgotten how the Turtle Farm redevelopment was carried out. The entire development was split into many small projects, each costing less than $100K (the maximum amount to pass under the CTC radar at the time) so small contractors (voters?) in West Bay could get contracts for such things as building fish tanks that leaked like seives and added about $5M to the budgeted cost.
If Stephan had only broken that pier into one hundred ten foot sections of pier then the UDP sub-contracting supporters could have been granted sections to build which could have then been resold to Dart.
Wow what kind of King Bush are we really going to have on Friday, one that want to sue the Auditor General and the Gov, because the Auditor G, is probably the only Civil Servant that is doing his job, i like Mr Dan, he’s better than Mr Bulgin who knows wrong but decided to keep quiet just because. Mr Bulgin and UDP are close homies!
Wake up Cayman is this the change you woted for corrouption..dictatorship!!
1. Ignoring the Consitution and allowing the BT members to sit in our Honourable House.
2. Bypassing the CTC, for his own political purpose.
Can we say England’s War ships in GT Harbour….Can someone get Chris Bryant on the phone, let him know what kind of corruption is going on here!!
can we have Tempura investigate this man! why not we spent millions on a case that an officer supposedly let someone off the hook…MAC/UDP to investigate them is most deff worth it
Wait a minute please…….. OMG, H.E the Governor is the head of the Cabinet and couldn’t he ensure that the "GOOD GOVERNANCE" is observed in this process ????? He does not have to waste his time preaching this, he can practice it.
Oh no…..Gov. Jack*** only has very good experience in "Bad Governance"…..as he demonstrated with the appointment of the Clifford Enquiry to investigate Clifford for exposing the corruption in government instead of investigating the corruption itself; Operations Tempura & Cealt, The Levers Enquiry, Mismanagement of the Civil Service, allowing the politicization of the Civil Service etc etc.
So the man speaketh with two tongues…….one says we must have "Good Governance" at all costs…….the other demonstrates through his own actions that he only knows one way of doing business and thats the "Bad Governance" way.
He has encouraged, perhaps inadvertently, corruption in government by his own actions.
Its time to leave our shores Jack***
Clearly Mr. Bush hasn’t read the section of the employment law that removes liability from civil servants and places it back in the hands of government. What a joke sue yourself joker and have chinese walls in your legal department..haha
Does this mean that the Caymanian people can sue Bush for breaking the law. If he is breaking the law why is HE not being arrested? Is he really like he thinks? Above all laws? Is that what being a Premier means? I thought that having a constitution meant that EVERYONE must follow the written laws that keep ANYONE from infringing on the rights of others. Or else.
Or maybe just not in Cayman.
Can’t wait to see what he will get away with next and who gets screwed(sued).
This man represents the will of the Caymanians to the world. It is his job and what he has been elected to do. Obviously what he is doing and how he is going about it is the will of the Caymanian voters. So it goes without saying that Caymanians are not into abiding by the laws if the laws keep them from getting what they want. Everyone keeps saying Bush this and Bush that but Bush is the voice of the Caymanian people. So that means that what is happening is that Cayman is now under attack by its own people. Its like a dog bitting its own tail. This dog will not have a very good or long life.
If he is not the voice of the Caymanian people then they need to start speaking louder than he is to be heard.
Or not.
"is the will of the Caymanian voters" – GET REAL old buddy as we all know it is by the will of the 3000 status grants that Mr Bush was reelected and he is doing it all over again but we are so Dumb we will still elect him again and again even though he is diluting the Caymanian society with the Status Grants and Permanent Residencies _ WAKE UP you fools as its going to get worse after Friday when he is, dare I say it, Premier.
So what your saying is that He is the voice of the 3000 expats that he got in and NOT the voice of the Caymanian people? So you have found a way to blame Bush on expats. Brilliant! Good one! I bet even Bush likes that one.
Bush obviously has Caymanian supporters, but there is no way the UDP would have been back in power without major help from the status grantees.
In order to sue successfully don’t you have to have an interest… whoopps?
P
Thanks Auditor General!
Please continue your excellent work.
Macs tirade is no surprise to me (nor to many others). Thing is, Kurt was not much better…remember his tirade against the HRC for "doing its job"?
Cayman really needs some new sensible leaders…not these we have where they throw a fit like a spoilt bully when anyone dares to disagree with them…or sometimes it only takes someone to ask a question they don’t like.
This is a HUGE undertaking…and as such it should certainly go through the CTC…and a proper independant Environmental study done by a reputable firm.
Imagine, this man wants 5 people (4 of which are his politicians) and a Chairman he chose (none of which have ANY relevant experience) to authorise this MASSIVE project that has the real liklihood of causing major negative consequences for Cayman.
And now he dismisses the report from FCCA that most cruise pasengers already disembark while here.
The arrogance and egotisism is alarming.
I agree 100%. The Auditor General is the only Government Official with the courage to stand up for what is right. We’ve already proved that the Attorney General and others in the judiciary do not have the courage or the interests of this country at heart to defend our constitution. They are mere puppets. Please don’t back down. We have to abide by the laws of this country whether we like it or not and the Premier is not above the law.
ONE HUNDRED AND FIFTY MILLIONNNNNNN DOLLARS.
What is happening here. Due process is what is needed.
Have we lost sight of the number of 000000000000’s
big mac and his big mouth…. can he not go 5 mins without embarresing himself? the list of policy gaffes is getting longer by the day….. never thought things could get worse than the ppm but…..
well done dan duguay!… a man with more intelligence in his little finger than any local politician
Well then you didn’t remember Mac’s previous years…unfortunately we’re in a much more tenuous situation now (because of his previous decisions) than what we were facing then.
How does lil Mac and those involved reconcile the decison to circumvent the CTC with open government and accountability to the people. It will be interesting to hear who is appointed and the reasons why the CTC process was shortcut…and if those reasons are not supported perhaps the people should consider suing the decisions makers.
Best to Cayman
Jersey boy
Mr. Bush continues to say "this project is badly needed" for the country. That is besides the point. You have a bidding process to ensure the best candidate gets the job and cronyism does not prevail. There are a lot of contractors who badly need work and don’t take kindly to being denied a fair opportunity to bidon a project simply because you have made your choice before the "bidding" even started. There were some highly experienced bidders who applied for the contract – firms with FAR more experience than the Dart group has. Mr. Bush is proving all the stereotypes of a little island true. Cayman is becoming the laughing stock of the offshore world.
LEADER BUSH re advertise the tender for the port add local caymanians only need to submit bids eliminate the fronting
perhaps the attorney general or solicitor general could advise Mr Dugay and Mr Bush?
I find it quite amazing that the AG believes the PMFL relates to this. I have reviewed the law found at the following address:
“http://www.cimoney.com.ky/section/regulatoryframework/default.aspx?id=132”
I cannot find anywhere in that law where this port situation applies to the PMFL. The PMFL clearly talks about Government’s money and budgeting, etc but nothing about concessional type agreements where no Government money is at risk. Clearly the AG is Grandstanding as usual and the press is supporting him in doing so. As the AG obviously reads these posts each day, maybe he can point me to the section that applies and explain how it applies. Happy to be corrected. If not, get on with your work quietly and leave the press to the politicians. Thanks in advance, sir.
And from the political side, since this was given as an example of good governance, what the PPM needs to explain is how the base conditions (the mandatory timetables, scope of work, contract conditions, etc) of the schools tender changed after CTC reviewed it without going back to CTC and to all the other bidders! That is what AG/PPM should be talking about and that is what Alden needs to let us know about. Wrong example of proper CTC and bidding procedures, Mr. McLaughlin! That example merely shows that one can get around the CTC bidding if you are clever enough, even after going to CTC!.
Let’s get this pier built before another election comes…in Cayman we talk and talk and talk and get nothing done.
Mac, take the heat but get it done before you loose your investors…!! ( I am sure Gov, Bryant and Foot would love that to occur)
My understanding is that the money that usually gets paid to public coffers by the cruise ship companies for each person landed here will go to pay for this.
If that is the case then it is public funds, however indirectly, that is paying for the berthing docks. I wish Mister Bush could tell the truth for once. Then again pigs may fly one day.
Roy
In the best interests of the country ?????
It is time we all wake up and smell the coffee, as the new Premier of the Cayman Islands who ironically voted against supporting the constitution is being made the first Premier of the country this week which he is now selling down the drain. Sell it all – Ports, Sewage, Water, Garbage, Turtle Farm, Pedro, dredging of North Sound, Airport etc etc etc.
The Port development project is actually the largest infrastructural project in the history of the Cayman Islands and appears to be already shrouded in secret political wheeling and dealing. All cabinet members will be equally responsible to the country and their electorate for supporting the current process and lack of procedures being followed. These cabinet members forget that they work for the people of this country and not themselves, and should therefore remind themselves of this important fact.
Thank you AG, Mr. Dan Duguay for looking out for the best interests of the Cayman Islands before it is too late.
The port contract is being awarded to a group based on, no drawings, no engineering and no design and therefore NO price. "Expressions of Interest" from 12 qualifying parties is all that has been received thus far.
The correct and ethical way to conduct the process is to short list three qualifying "expressions of interest" then send them off for competitive tendering based on design, engineering and financing, together with their drawings and plans for the project to be submitted with their price for the works. Don’t be fooled, conceptual designs and engineering details with pricing can be quickly complied by professionals who are involved in doing offshore marine construction and development work as being their primary area of business.
Who in their right mind would hand a project of this magnitude to a contractor without a competitive tender and a price.
Design, build and finance – How does the country know that we are getting value for money. If you believe the Premier, that the country owns the asset of the Port, but is not responsible for the payment of the costs associated with the construction and financing this project, then its time to return back to school and commence your education again.
A Chief Justice sues the Government, the people want to sue the UK, and now the Leader wants to sue the Auditor General. We didn’t get any hurricanes this season but we haven’t missed the waves from major Tsumes.
Has the Auditor General ever produced a report where there wasn’t something wrong? It seems that all he does is find fault with anything anybody ever does. I wish he would wake up on the right side of the bed a couple of times a month so he wouldn’t be so disagreeable with every project….or at least post a couple of audits that actually went correct instead of always being so negative to everyone. I wonder if he has ever been in charge of a project that went absolutely perfect? It is very easy to sit back after the fact and criticize others…hindsight is always 20/20
Perhaps if people here followed therules there wouldn’t be anything wrong to find. You would rather be ignorant of how public money is badly spent?
Name ONE project that went "right" in the last 5-10years. You can’t report on what doesn’t exist.
Don’t be silly. There are many projects on which there is no report. The AG only examines a project where it is insome way questionable, e.g. the Joey Ebanks/Turtle Farm affair. What are you so afraid of? That some corruption might be uncovered?
WTF is up with Bush!!! I really have to question the people that voted for this UDP… My God!!!
Like Donald Duck says
DEES-PICK-ABLE
The Governor tells the Premier what to do not the other way round.
Charles Clifford warned Cayman about this man and yet after removing McChavez from power in 2005 they decide to split their votes hoping for a coalition government this time and look what has emerged again….My God !!!
And to think that he is acting like he won with a clear mandate from the people.
Examine the election results McKeeva…..GT & BT gave you the election and in both districts the PPM candidates lost by very slim margins. In other words a few hundred votes out of the 14,000 + voters gave you the election. You have NO CLEAR MANDATE !!!
And to think that in the face of this very clear dictatorial style government leader, the rest of the puppets just sits there looking scared to open their collective mouths is very worrisome.
Its time to act Cayman…..it is time to have the mother of allmarches in the Cayman Islands.
Enough is enough !!!!
Dan don’t let McDinejad use his scare tactics on you. Stand your ground. Caymanians need to know that things are being done legitimately and that we are getting value for money.
Caymanians should be proud.
When the Governor bypassed CTC to waste millions on Tempura – the Auditor General said it was ok.
Now for the Caymanian, CTC can’t be by-passed.
Poor Cayman – England has it by the b*lls
I smell a Turks and Caicos problem.
Mr. Bush please reconsider you can’t win this fight at this time against the AG and Governor. We are headed for a crash, reconsider, reconsider!!
As usual the voice of reason (in this case Mr. Duguay) is threatened by the dictatorial loud mouth of McKeeva. Well I am sure that Mr. Duguay is looking forward to being sued because by the time he wins the action (with costs of course) he should be a wealthy man…then who is Mac going to blame for costing this country more money…Oh of course the PPM
No one does anything for nothing these days. I wonder just what the contractor has negotiated in return for this project "not costing the Government anything". The mind boggles!!
You know what is the most upsetting part is to see how Caymanians are sooo easily swayed and do not stand up for their rights. Let’s see how many will be going to watch the ceremony of the Premier swearing in etc because it is all about being seen and to see who is there. Let’s see how many are going to flock because as soon as someone gets a little bit of attention from somebody in power or from someone with a title or from someone with a high paid position, Caymanians tend to get flustered, falling all over themselves to smile up in those people #)($_)(.
Have some backbone, boycott this foolishness, remind everyone who put the representatives in power and who they are to represent. What is wrong with doing a peaceful demonstration to show that you are not happy with what is going on.
It’s all just talk and no action. That’s what Caymanians are good at! Talk, talk, talk and that’s why Caymanians are not getting any respect and never will.
I can hear the bells for dictatorship ringing.
Caymanians – I hope you are happy as you seem to now get what you have been asking for.
Ah say!! When is the UDP executive going to grow the balls to put a muzzle on this pit bull???????? Rollie where are you??!!
Rollie has been chastised by his demotion and is whimpering in the corner.
Don’t you get it Big Mac IS the UDP! The UDP executive (like the various govt board appointees) is just there to do his bidding. Independent thinking is act of treason.
A UDP supporter (who pretends to be independent) said to me that it was necessary for Bush to have power to remove the other Ministers but himself not be removed ensure "loyalty" to our Leader. So apparently we are His Majesty’s loyal subjects. Any disagreement or criticism and OFF WITH YOUR HEAD.
Read your history Mac!
Remember Watergate Scandal and what happened to PastPresident Nixon when he too thought he was above the law. and tried to obstruct justice. see http://www.historyplace.com/unitedstates/impeachments/nixon.htm
We are all (including Mac) operating within the system of a social contract and subject to the rule of law. The law is there to protect us all particularly from the likes of those who think they are above it.
Keep up the good work Mr Duguay! We must definitely be vigilent in guarding, and in reining in, this so-called ‘guardian’.
"but that no governor, no auditor and no opposition knew the situation better that McKeeva Bush" – this sent chills down my spine. This is the kind of blind, self serving lunatic who will be crowned "Primier" this week.
We are in for a wild ride Cayman.
We can only hope that those with knowledge of what is happening with this government will continue to speak out as the AG has. Do not be fearful and do not bend to threats- you are doing this country a great service.
These are the signs of a Dictator and NO ONE can deny that. McSaddam feels he is the lone Ruler of Cayman and what he says HAS TO GO! Never should a project bypass the CTC but especially one of this size. It totally bewilders me that anyone can in anyway condone these actions but we all know that WHEN the Auditor General finds irregularities with everything about this project (if McSaddam does not get rid of him first) and it reaches the Attorney General (another puppet) it will go no further as was the case with the Boatswain Beach and Royal Watler Port projects. McSaddam and ALL his cronies and puppets have to go for Caymans sake and NOW!
Perhaps he does know better than them! The governor and auditor general may be blinded by UK interest. The opposition was the last party since our economy went down.
Please how long are you going to believe these "bogyman" stories McKeeva is using in his smoke and mirrors act to pull the wool over our eyes.
If he can’t blame the PPM then he will blame the UK government. He blamed the PPM for overspending (forget the world recession it does not effect us!) but what is he doing to cut spending in "his" budget..nothing!
He blames the Governor and the UK for the overspending on the investigation debacle but then sets up a 2.5 million slush fund and expands the subsidy for the Turtle Farm (which just happens to be in West Bay)
Come on he is robbing us blind and there are still some too blind to see it (or maybe they are in on the scam)
As a former auditor I am bemused by all the responses to this and other articles posted on the website. Basically threatening an auditor is a complete waste of time. Fire one and another comes along. It is as simple as that. My old firm was fired several times because we refused to bow down to the owners and rollover. Fees were incidental. If Dan gets fired he will get lots of offers and ones without a hassle. He is actually doing us all a favour.
The new Premier and Minister of Finance was a member of the board of directors of First Cayman Bank. I know of one report by the auditors that basically said the bank was a bunch of rubbish. Yet Government who met with the auditors continued to let it have a licence. That lasted about one year when the liquidators marched in. And who was in Government at the time? Yes, our new Minister of Finance. Beam me up Scotty. No wonder we have problems with the FCO.
It would not surprise me if this is the subject of the new investigation following Tempora as well as all the other investigations of the AG. Clearly something is up.
Excuse me folks, McKeeva Bush can do whatever he wants, & there is nothing you all can do! He can bypass anybody, & of course he can bypass the CTC if this is his wish! McKeeva Knows more than the CTC doesn’t he? Yes?
Mac’s a bully! He doesn’t liked being called on his abuse of process so he’s retaliating by trying to intimidate the Auditor General. Please continue to stand your ground Auditor General! Cayman needs you to stand up to this bully.
Charming! So now we have the LoGB, soon to be Premier, threatening the Auditor General with a lawsuit just because he is doing his job in ensuring that the lawful process is followed. A banana republic in the making indeed!
This is irresponsible of you poster 13:33 .
This blog is viewed by the world. How dare you create such sensationalist chatter, which is of no use to anyone!
We need to temper our responses with more appropriate language I dare say!
truth hurts does it? time to sweep things under the carpet cayman style! what a great little christian nation……
You go Mr. Duguay, dont allow this mad man get away with this.
As usual Bush is out of control and makes up the rules as he goes along.