Archive for September, 2008
CIMA creates new top jobs
(CNS): The creation of three new senior positions at the Cayman Islands Monetary Authority (CIMA) has led to the promotion of Langston Sibblies, CIMA’s General Counsel since 2000, to the post of Deputy Managing Director (DMD) – General Counsel. Making the announcement yesterday, (18 September) the Authority said that the appointment had actually become effective more than a month earlier on 1 August 2008.
CIMA said as DMD Sibblies will have direct oversight responsibility for three divisions: Legal, Policy and Development, and Compliance. He will also assist the Managing Director with the supervision of matters pertaining to CIMA’s policies and general management.
The appointment follows a reorganisation that has resulted in the creation of three DMD posts, each responsible for a separate set of functions of the Authority although appointments to this new posts have to be made. These include DMD (Supervision) which will oversee the Banking, Fiduciary, Insurance, and Investments and Securities divisions and DMD (Operations) responsible for the Currency Division and the Finance, Information Systems and Human Resources units.
Managing DirectorCindy Scotland said that given Sibblies contribution to CIMA he was a natural choice for this senior role. “I look forward to working with him within this new structure, which has been adopted to ensure that CIMA is able to continue to increase its efficiency and effectiveness as the financial industry that we regulate expands,” she added.
In his capacity as CIMA’s General Counsel Sibblies has been responsible for the provision of legal advice to,and assisting in litigation on behalf of, the Authority and the drafting of legal documentation for the Authority. He has represented the Cayman Islands and CIMA in various meetings with regulatory and standard setting bodies such as the Organisation for Economic Cooperation and Development (OECD), the Financial Action Task Force (FATF), the Caribbean Financial Action Task Force (CFATF), the International Monetary Fund (IMF) and International Organisation of Securities Commissions (IOSCO) and has delivered relevant papers on the regulation of the Cayman Islands’ financial industry at several local and international forums.
Commenting on his new position Sibblies said he was pleased to be able to continue to serve the Cayman Islands Monetary Authority in an enhanced role. “CIMA has in place a strong management team with a good mix of experience and expertise which augurs well for the future," he noted.
With over 30 years’ experience in the Caribbean and Canada Sibblies’ previous posts have included: Crown Counsel (Cayman Islands), Senior Crown Counsel (British Virgin Islands), Legislative Policy Counsel (Ontario), Director of Public Prosecutions (Grenada), and Executive Director of the Cayman Islands Government Portfolio of Finance and Development’s Secretariat, dealing with various international initiatives impacting on Cayman’s financial industry. He has worked as a law editor with a leading Canadian tax and business law publisher and as a private lawyer in Jamaica and in Toronto, Ontario. He is currently the Chairman of the Law Reform Commission of the Cayman Islands.
Meanwhile some young people have also been getting a taste for life at CIMA under its internship programme. One of them, Harvey Stephenson Jr. is now a second year student at Brown University, Rhode Island, majoring in applied mathematics – economics was under the supervision of Sibblies, Harvey where he acquired some experience in research related tasks. “Most of my work revolved around Mr. Sibblies’ research needs, both legal and policy-based topics,” Stephenson said. “Aside from the basics of where to look for the desired information, I gained a much better understanding of how to present the most relevant research in the most efficient way possible under time constraints. CIMA was the perfect place to learn.”
Five other local students from School and university spent summer with CIMA all looking to pursue different career objectives. Melesia Webster, who was with CIMA for the third summer running was placed as an Investment and Securities Analyst which s=he said helped enormously with her economics major. Another veteran intern is Arikka Ebanks who has worked at CIMA for the past four summers. She recently completed her International Baccalaureate and plans to earn her Bachelor’s in law and study forensic accounting. Her supervisor, Robert-James Berry, Head of the Compliance Division said she had progressed and developed a lot.”She excels more and more in the tasks she performs every year,” he said.
Tara Abdul-Jabbar, Assistant Human Resources Manager, who is in charge of the placement of students, sais the goal is to provide the students with exposure to their area of interest, give them an opportunity to interact with people from a variety of divisions and let them see how CIMA operates and for CIMA it is a chance to identify and groom potential future employees.
“Dealing with and solving work place problems is experience the students cannot gain at school. This is one of the biggest benefits of the internship programme,” said Abdul-Jabbar. “The hands-on experience the students get here at CIMA is useful to us and gives them a concrete understanding of the business environment, which they can relate to in the classroom. It is a good point of reference for them."
A greener future for brand Cayman
(CNS): Updating the public on advancements in green issues, the National Tourism Management Plan, the Go East initiative, Cayman Airways and the pending arrival of a new dive attraction, the Minister for Tourism, Charles Clifford, opened the Annual Tourism Conference yesterday, 18 September. “This government has pursued a multi-faceted approach to tourism which incorporates priorities identified within our National Tourism Management Policy and provides a disciplined strategy for managing the industry over the next five years,” he said.
Elsewhere on all three islands green initiatives are slowly but surely coming to fruition. The Minister said that aside from working with other UK Overseas Territories on direct initiatives to minimise the impact of climate change, “we have passed and are continuing to implement enabling legislation for environmental protection". However, the long-awaited National Conservation Bill has still not been tabled in the Legislative Assembly. Earlier this year the Ministry said it would be tabled this summer but it failed to materialise, and recent comments from the minister have indicated it may appear during the next session, which starts on 6 October, though Clifford did not mention the bill in his speech.
He did, however, talk about CEPTS, a two-phase project which will see tourism operations establishing environmental management systems through the Green Globe Certification process.
“In the same arena, we are also pursuing destination certification for Little Cayman,” he said.
The minister also noted that the Go East initiative was part of the greening of tourism policy as it was a catalyst for new and more eco-friendly attractions in the eastern end of Grand Cayman, including the East End Dive Lodge, which is being redeveloped as an eco-friendly resort.
Clifford noted the success of the creation of Wildlife Interaction Zones. “Last year, we passed legislation to bring such zones into force for Stingray City and the Sandbar. This is working well and marine officers regularly patrol to ensure that interaction with the stingrays is regulated,” he said. “The legislation bans the removal from the water of stingrays or any other marine life within the protected zone and enhances visitor safety by providing guidelines for anchoring vessels in the zone.”
The Minister also spoke about the strategies being adopted to mitigate world economic problems and reiterated the DoT’s commitment to promoting Cayman as a high-end destination for what have been described as recession-proof visitors. He also described a new campaign to highlight the identity of all three Cayman Islands.
“While our current identity is based primarily on Grand Cayman and its offerings, we believe that all three islands have unique attributes, distinguishing each from the others and contributing to this wonderful multi-faceted destination experience which is the Cayman Islands,” he said. “
A high-quality marketing campaign complete with creative work to characterize the special identities of all three islands is now being tested and utilized in the Canadian market.”
He explain that under the banner three islands, one idyllic destination, Grand Cayman, Cayman Brac and Little Cayman are being marketed for their individual features offering clients greater diversity within one product.
Labour Law applies to authorities
(CNS): Employees of the Health Services Authority (HSA) and other statutory authorities can take their employment-related complaints to the Department of Employment Relations (DER), following a ruling by Grand Court Judge Justice Alex Henderson. The Court found that the acting director of DER was wrong to consider that he did not have jurisdiction over such complaints.
The question of which department HSA employees could take their complaints to was contained in a submission to Grand Court by Complaints Commissioner Dr John Epp, who applied for an interpretation of the Complaints Commissioner Law to decide if he had jurisdiction to investigate complaints made against the HSA by employees or former employees.
Justice Henderson said in his reasoning that the answer depended upon interpretation of the Labour Law and the Public Service Management Law (PSML), and of the term “public service” in these two laws.
From time to time between 2002, when the Health Services Authority Law came into effect, and July 2006 when a revision of the PSML came into effect, employees of the HSA sought and obtained redress for employment-related grievances by complaining to the Director of Labour under the Labour Law.
However, the revised PSML Law (Section 2) defines the term “public service” to mean “the civil service and employees of statutory authorities and government companies” and the Labour law states that “this Lawshall not apply to the public service …”
“The Director of Labour, having received legal advice on the subject, has now taken the position that the quoted definition in the PSML ‘effectively prevents’ HSA employees from seeking redress under the Labour Law,” wrote Justice Henderson. There is an appeals process for employment complaints in the PSML but the process is available only to “a staff member or civil servant”, terms that are clearly defined in the PSML.
“These definitions indicate a clear intention of the Legislative Assembly to distinguish between public servants (a term which includes employees of a statutory authority) and civil servants (a term which does not). The appeals process under the PSML is unavailable to employees of statutory authorities and this was intended,” Justice Henderson wrote.
“If the Acting Directorof Employment Relations is correct in his current view of the Labour Law, employees of the HSA (and other statutory authorities) with employment-related grievances have nowhere to turn.”
He explained that the PMSL is unavailable to them, and the Acting Director of DER considers that he no longer has jurisdiction. “It is in this context that the Complaints Commissioner asks if he may exercise his jurisdiction with respect to such a complaint.”
However, Justice Henderson found nothing in the PSML of 2006 to suggest an intention on the part of the Legislative Assembly to remove from HSA employees the right of appeal under the Labour Law, which they had enjoyed up to that point. Nor was there any reason to think that the LA, while providing carefully for the right of appeal for civil servants, intended their counterparts working for statutory authorities to have no such rights.
The Court found that employees of the HSA are not engaged in “the public service” within the meaning of the Labour Law and can, therefore, use the complaints procedure within that Law.
“The Office of the Complaints Commissioner is a place of last resort,” stated Dr Epp. “Residents must first try remedies available to them within the internal complaints processes of each government entity before the OCC can investigate the entity.”
Dr Epp is confident that the new Director of Employment Relations, Mr. Lonnie Tibbetts, will embrace the chance to assist employees of statutory authorities.
The OCC is located on the 2nd floor, 202 Piccadilly Centre, Georgetown, Grand Cayman, phone number (345) 943 2220. The website is www.occ.gov.ky.
Jack can’t force top cop back
(CNS): It appears that the neither the Governor nor the Senior Investigating Officer currently leading the independent enquiry into police corruption in the Cayman Islands has the power to force the return of the Police Commissioner to face questioning. According to an e-mailed response from Bridger’s office, to CNS questions, the Governor as the “appointing officer cannot force” Stuart Kernohan to return to Cayman as part of the disciplinary process but “the process does not necessitate a face to face interview.”
Questions regarding the current whereabouts, status and salary of the Police Commissioner, who is on "required leave" with full pay have persisted since he was given permission to leave the island by HE the Governor, Stuart Jack, on compassionate grounds. Earlier this month Governor Jack announced that disciplinary proceedings were being instigated against the commissioner after his failure to respond to official requests to return to the country. Although Kernohan’s precise location is unknown, he is believed to be in Scotland as he was granted compassionate leave because of the illness and subsequent passing of his father.
Asked on numerous occasions if the investigating team and the Governor are aware of the commissioner’s exact location, officials have repeatedly responded that investigating officers are in contact with Kernohan’s lawyer. On 10 September the Governor made a public announcement that Kernohan had reportedly ignored three requests to come back to Cayman
On 11 September, speaking through his local liaison, Kernohan said that he was more than willing to return to Cayman whenit was necessary in terms of the investigation, but so far the senior investigating officer in charge of the enquiry, Martin Bridger, had stated that Kernohan’s return was not essential.
“I have always made myself available when required by the investigating team led by Mr. Bridger. In fact, I have taken the initiative on several occasions to assure Mr. Bridger that I would welcome an interview with him at the earliest convenience,” Kernohan said. “However, in a communication last month, Mr. Bridger did notify me that my presence was not required at this stage as part of any ongoing investigation. Governor Jack himself confirmed this in his statement.”
Bridger also re-confirmed to CNS that it is has always been his intention “to interview all people connected with those matters for which they are under investigation". He has also said publicly that he will go to the UK to speak to Kernohan if necessary.
Following the Governor’s public declaration, Kernohan, who up until that point had not communicated with the media, said he was disappointed that the Governor had aired the "dispute" over the terms of his employment in public and insisted that the Governor had no right to dictate where he should or should not reside during the investigation.
The investigation was first made public in March of this year when the Governor announced that a team of investigators had been working undercover in the Cayman Islands since September as a result of accusations of corruption made against Deputy Commissioner Anthony Ennis and local publisher Desmond Seales, by Seales’ former employee Lyndon Martin. Although Kernohan has never publicly commented on the circumstances of the investigation and his role, he was reportedly the one who went to the Governor with concerns and requested the independent enquiry in the first instance.
Once started, Bridger has said, the undercover investigation quickly cleared Ennis and Seales but threw up other questions surrounding senior officers and the Royal Cayman Islands Police Service as a whole.
Since the existence of the now year-long investigation was revealed, very few details have emerged. Aside from Kernohan, Chief Inspector John Jones and Deputy Commissioner Rudolph Dixon have also been placed on "required leave" with full pay.
Rudolph Dixon has since been charged with offences relating to Perverting the course of justice and Misconduct in a public office. No charges have been made against either Jones or Kernohan, but the investigation regarding the two senior officers centres on their role in and the circumstances relating to the reported break-in into Seales’s newspaper office by Lyndon Martin in the wake of his accusations against Ennis. Martin, former UDP MLA for the Sister Islands, has also been charged with offences relating to false reports and burglary.
Water out around Denham Thompson Way
(CNS): With yet another broken main more Water Authority customers are facing another dry morning. At 6:15 am this morning the Authority announced that it had a broken main on Denham Thompson Way and customers will be without water for another 2 1/2 hours as repairs take place. The motoring public are also asked to avoid this area where possible.
McAlpine gets school contract
(CNS): The contract to develop the third government high school has gone to McAlpine and is worth a little less than $48 million. Part of the plan to overhaul the country’s education system, the Beulah Smith High School campus in West Bay is one of three educational facilities, along with the Clifton Hunter campus in Frank Sound and the re-development of the John Gray High School in George Town, that the government has commissioned.
Leader of Government Business Kurt Tibbetts announced today, 18 September, that a notice to proceed had been issued to McAlpine. “Our commitment to delivering equity in terms of secondary education facilities across the districts of Grand Cayman is firmly on track for thestart of the 2010 academic year,” said the LoGB at the weekly Cabinet press briefing.
Work on the other campuses, whose contracts were awarded to Tom Jones International at $58.9 million and $56.7 million, is now well underway.
“If you have had the opportunity to pass by the Clifton Hunter campus in Frank Sound recently, you could not have failed to notice the great progress that is being made there and that one of the buildings, the Global Learning Centre, has now risen to two stories,” he added.
He also gave details on the new George Town Primary School project, saying that planning permission has been obtained and the tender for the site works had been advertised. “The construction contract will be tendered in October as well, with actual construction slated for the start of next year,” Tibbetts said.
Counter-attack on chopper
(CNS): In a detailed statement countering the claims of Stuart Kernohan over the helicopter debacle, the Leader of Government Business today laid out the full process of the helicopter’s acquisition. He detailed the original government requirements of the acquisition versus the state of the helicopter now procured, as well as outlining each step of the process and the fact that the Cayman Islands Civil Aviation Authority has said it will not license the craft as it stands.
Kurt Tibbetts, the LoGB, said that he was not prepared to enter in to a war of words with Police Commissioner Kernohan (even if he has the benefit of full salary with little else to do) but that the government must set the record straight. In a long address to the media and on live television today (18 September) Tibbetts outlined the chain of events surrounding the helicopter’s acquisition, the estimated costs, the advice given to government and the actions taken as the process moved along.
He said that from the outset the government had insisted that any helicopter the country purchased would need to have certain capabilities, and Kernohan was well aware of this. The capabilities included border control, police pursuits, long-range deployment of resources in quick time for all three islands, surveillance and drug interdiction, among others.
The LoGB said government was advised that any helicopter it acquired would need to be fitted with certain role-specificequipment, such as air-to-ground and marine communications, a night-sun searchlight, a public address system, night vision, forward-looking infrared and a winch, to meet the remit.
On 29 November 2006 Tibbetts said that government gave approval to the commissioner for the establishment of a dedicated air-support unit for the RCIPS and for him to establish, then report back, whether it would be better to buy or lease. “There was definitely no lack of clarity on ourpart as to what we wanted to be able to do with the helicopter, what kind of helicopter we needed and what it was felt it would cost,” added Tibbetts. “And we certainly felt that we had no reason to believe that it would not have been possible for the Commissioner of Police with his professed knowledge of helicopters and eagerness to see such a unit established to take the matter forward and report back to us.”
The LoGB explained that on 13 March 2007 Kernohan confirmed that purchasing a helicopter was the best option and he had found one that he believed was suitable. “At no time did the Commissioner of Police advise us that the aircraft lacked any of the capabilities that we had agreed it should have, or lacked the potential to be modified,” he said.
The LoGB also stated that Kernohan had advised that costs were in line with those that had been anticipated: around $1.8 million to buy it plus around $0.4 million to fit it out with the necessary equipment. He said government authorised Kernohan to pursue the purchase subject to getting a professional market assessment on the price. Tibbetts emphasised again that at this point the commissioner never gave any indication that the helicopter might not meet all of the requirements.
In April 2007, Tibbetts said, Kernohan told government that there was a problem with the helicopter’s tracking and balance and a maintenance check was being run but again, said the LoGB, no questions about capabilities were raised. Next, the LoGB said, government were informed on 17 Jul 2007 that the craft was likely to cost more than had been anticipated.
The original estimate of $2.2 million was looking more like $2.5 million due to extras such as finders’ fees, inspections, airfreight, a paint job, reassembly and numerous other add-ons which amounted to $166,200. There were also two major piece of equipment that needed to be fitted — low skid gear with pop-out floats at $126,000 and a rescue hoist at $70,000.
“We had anticipated some of these costs, such as that of the winch, and gave our approval,” said Tibbetts. “But this was the first time we had been advised of the need to add the pop-out floats but took it that these were required.”
At this point, however, the government suggested that consideration should be given to any possibilities of reducing costs, but not if it meant a delay or a reduction in capability. However, in November 2007 costs mounted again when cracks were discovered in the helicopter’s skin after it had been sanded down in preparation for painting.
“We were advised it was mandatory that they be repaired,” said the LoGB, who said the cost was estimated at $10,000. At the same time, he said, the government was also informed that the winch (or hoist) had gone up in price from $70,000 to $200,000. He said government was then advised that the RCIPS was recommending that the money set aside for the "low skid gear and pop-out float" should be deferred to allow for the purchase of the winch. Tibbetts said the commissioner was asked twice what impact, if any, the omission of the "low skid gear and pop-out float" would have on the capabilities of the chopper and he did not indicate it would have any. However LoGB said that Cayman’s CAA has indicated that without the flotation devices the helicopter is restricted to 10 minutes’ flying over water, making flying to the Sister Islands impossible.
The CAA has also noted that the craft is not equipped for flights under instrument flight rules where there is no visual reference to the surface, so it can’t fly in poor weather or at night if establishing a horizon is unattainable.
The LoGB also said that Kernohan took eight months to come to government with his proposals for the storage, maintenance and piloting of the craft once on island. The commissioner eventually said government should approve a proposal it had received from Cayman Islands Helicopters and that Cabinet should tell Central Tenders Committee of the decision. The LoGB said government made it clear they would not circumvent the CTC process and, while they had no issue with the local firm, the matter should still be dealt with by the CTC in the interest of accountability and public scrutiny.
LoGB also added that the process of events surrounding the helicopter issue was well documented in black and white and had nothing to do with notes that were or were not taken by Cabinet as suggested by Kernohan.
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New jets on hold
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(CNS): Tourism Minister Charles Clifford announced today at the Annual Tourism Conference that Cayman Airways’ plans to acquire two Embraer jets “have been eliminated for this season”. However the airline is looking at two other options for aircraft. Speaking at the Westin Casuarina Resort & Spa, Clifford said that Cayman Airways intends to expand routes in Central and North America, and that the airline was engaged in medium and long-term assessment of the network.
CUC line crews in Turks & Caicos
(CNS): Caribbean Utilities Company, Ltd (CUC) is providing assistance to the people of the Turks and Caicos Islands, following the aftermath of Hurricane Ike, which devastated Grand Turk and damaged portions of Providenciales, Middle Caicos and South Caicos.Six of the Company’s linemen are currently on the ground in the islands helping to restore power, a CUC release said.
On Monday, September 15, Linemen Albert McLean, Ronald Minzett and Damian Barboram departed Grand Cayman enroute to Providenciales to assist with efforts on the islands of Providenciales, Middle Caicos and South Caicos. On Tuesday, September 16, Linemen Michael Powell, Christopher Ebanks and Andrew Wood travelled to Grand Turk as part of the CARILEC (Caribbean Electric Utility Service Corporation) contingent assisting with restoration efforts.
CUC has been a Full Member of CARILEC since 1994 and as such, contributes to the CARILEC Hurricane Action Plan, which provides for the assembly, dispatch and coordination of emergency teams of linesmen on loan from member utilities to assist in the restoration of transmission and distribution systems after a hurricane strike. CUC has previously assisted CARILEC with hurricane restoration efforts in Anguilla, the Bahamas, Belize and Bermuda.
Commenting on the task ahead, Lineman Foreman and Team Leader Albert McLean, who has assisted with three previous restoration efforts, added, “Based on our previous experiences with relief efforts, we have come to expect the worst in terms of damage. We have seen first-hand the kind of damage a storm such as Hurricane Ike can inflict on communities. We will take it day-by-day, do our jobs as effectively, efficiently and safely as possible and help our neighbours get back on their feet as quickly as possible.”
On hand to wish the two groups well on their travels were Richard Hew, CUC’s President and CEO, and Gary Whittaker, Manager Line Operations.
Hew stated, “ I am pleased that CUC is able to lend this level of support to the people of the Turks and Caicos Islands at this critical time. In the aftermath of Hurricane Ivan we received much needed assistance from teams from around the Caribbean and North America so we are happy that we can now lend assistance to our brothers and sisters in the Turks and Caicos. Our linemen are up to the task at hand and I know they will do the Company proud. I look forward to their safe return to Grand Cayman once they have accomplished their mission, which is the restoration of electricity.”
Photo top: Pictured with Gary Whittaker, CUC’s Manager Line Operations (left) and Richard Hew, President & CEO (right) are Linemen Albert McLean, Damian Barboram and Ronald Minzett, who travelled to Providenciales to assist with restoration efforts.
Photo 2: Pictured with Richard Hew, CUC’s President & CEO (left), and Gary Whittaker, Manager Line Operations (right) are Linemen Michael Powell, Andrew Wood and Christopher Ebanks, who travelled to Grand Turk to assist with restoration efforts.
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Thieves smash glass doors
(CNS): The Royal Cayman Islands Police Service (RCIPS) is investigating a series of burglaries after five glass office doors were smashed overnight in Pasadora Place, Smith Road. The 911 Emergency Communications Centre received a call at 5:00 am today, Thursday 18 September, from a member of the public reporting that a glass door was smashed at Derek E Bogle and Associates Insurance Ltd.
Police responded and found a further four glass doors had been smashed in the complex. Offices affected were Doctor Caudeiron, Doctor Richard Vernon and Doctor David Stadtlander, Doctor Addleson and Cayman Physiotherapy Ltd. Two of the offices have reported small amounts of cash missing, police say.
Later this morning at 6:40 am, a further report of a smashed window was received from staff at Cayman Clinic on Crewe Road. Officers attended and were told that nothing had been taken from the premises.
A third incident occurred at Mega Systems Ltd on Dorcy Drive. The 911 Emergency Communications Centre received a call at 2:45 am reporting that a break-in was occurring at the property and the security alarm had been triggered. Officers responded and found that entry had been gained through the front door and an undisclosed amount of money had been taken.
Scenes of crime officers attended all locations and detectivesfrom George Town CID are investigating the break-ins. Anyone who witnessed anything suspicious overnight is asked to contact George Town CID on 949-4222 or Crime Stoppers on 800-8477 (TIPS). All persons calling Crime Stoppers remain anonymous, and are eligible for a reward of up to$1000, should their information lead to an arrest or recovery of property/drugs.
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