CIG settles with ousted bosses
(CNS): After more than five years on paid leave, the former chief officer in the health ministry, Diane Montoya, and the deputy financial secretary in Financial Services, Deborah Drummond, have been offered a deal by the Cayman Islands Government. The amount of the settlements, despite coming out of the public purse, remains under wraps but both women received a lump sum which equates to the annual salaries they would have earned until their retirement at 60 had they stayed in the service as well as some legal costs. Neither women were ever accused of any wrongdoing but were maneuvered out of their top public sector jobs when the UDP administration, led by McKeeva Bush, reorganized the ministries following the 2009 election victory.
In a statement from the deputy governor’s office on Wednesday, officials said that the agreements came following “protracted negotiations” but the government had amicably settled the women’s clams. Under the terms of a confidential agreement, they will officially retire from the civil service, on 1 July.
“The financial terms of the settlement reflect government’s legal obligation to compensate the officers for the loss of salary between their early retirement date and their normal retirement date upon their attaining age 60. A sum will also be paid as a contribution toward their joint legal fees. The officers will receive their normal pension entitlements appropriate to their 2014 retirement date,” Deputy Governor Franz Manderson said in the statement.
He also described the officers' departure as a loss for the service.
"At no time has any allegation of wrongdoing been made against the officers, despite their having been put on required leavedating back to 2009. In the face of this difficult situation, the officers have conducted themselves with the utmost professionalism and have, throughout the arduous process, demonstrated respect for the offices they held and the people and government they have collectively served for more than 60 years,” Manderson added.
Given that both women were commanding top six figure salaries as Grade C public servants, the cost to the public purse is likely to be more than $3 million because when the women were placed on required leave in 2009, they were only in their forties and many years away from the civil service retirement age.
Graham Hampson, who represented the two officers, emphasised that his clients were, in light of the all the facts and especially their many years of unblemished service with distinction to the Cayman Islands, entitled to personal privacy in relation to the details of the resolution of the matter, hence the confidential nature of the agreement. He thanked the government for recognizing and respecting this fundamental right.
No reasons were ever formally given for sending the two senior civil servants home. The deputy governor at the time, Donovan Ebanks, said they had done nothing wrong and were awaiting a decision to place them in new roles, but no new jobs were ever forthcoming.
After the women had been on leave for some five years, Manderson said at the UCCI conference that such a situation would not be allowed to happen ever again.
He noted that there was a difference between a reshuffle of the ministries, which he said most new governments do, and just sending senior civil servants home. In this instance, when the Bush administration realigned the ministries things went much further than a reshuffle, with Drummond, Montoya and the former education ministry’s chief officer, Angela Martins, all being sent on required leave. Martins, however, retired in 2011.
Category: Politics
Wendy, et al.
i truly hope that my submission about the positive things Debbie contributed to our country and her dedication did not make it to you.
i have found you to be an unfair censor and if I do feel like posting agin, I will make sure I take a screen shot and if I haven't gone over board and it seems unfair I'm posting it all over Facebook… So folks can see my views and so they can what views you are not willing to share.
Since election season I have been following your site regularly and posted at least a dozen times only to have half of them never posted and compared to some of the things I have seen posted you seem to very a very unfair and biased editor.
you definitely have your own agenda.
why not publish some guidelines so people know what tone and views are acceptable.
SMH…
P&L
Nicky: There's no way the comment you described about Debbie Drummond would have been deleted unless there was something else about it that was unpublishable or if you posted it to the wrong article (which happens).
As it happened, I was away this weekend and Wendy moderated the comments, but I do this all the time otherwise. I've noticed quite a few comments by "P&L" lately but I cannot remember if I deleted any or not. Sometimes people think I've deleted a comment whereas it is, in fact, on the next page.
The basic comment policy is here
The trouble is, bobo, none of us in the civil service could tell you what Debbie ever did. Brilliant lady, yes, but she was completely unseen and spent a lot of time in London and Brussels doing,,,,,,,,,,,what?
Debbie was behind the scenes on many important initiatives related to the infratructure of our financial services industry like the stock exchange, CIMA, mutual funds legislation, tax exchange negotiations and other things that required her to serve with a fair amount of intelligence as well as an ability to deal with people at an international level which is more we can say for most… Including the one who initiated this ousting!
thx for posting CNS! 😉
P&L
Doing her job ignoramus! You can also guarantee that she wasn't taking side trips to Macau or Vegas to gamble or "looking at bridges in Venice" with an entourage, all in first class hotels, on first class flights like the person who wouldn't "wuk wid" her!
Multi-million dollar staff payoffs are nothing new!
Ask former workers iike Dr McLaughlin, Marquiss, ex-DC Dixon etc…
And the many lawsuits + broken contracts:
Dr HortorHospital/Hurlstone Constr; Tom Jones Schools; Port contracts etc…
Yes, some salaries+pensions need to be reviewed, but it’s all this wider waste, not CS salaries, that has caused the bulk of unnecessary spending over many years!
There should be a law holding MLAs and Ministers responsible for their actions as well as defining what the scope of their power is, as absolute power corrupts absolutely.
…And the Civil Service Association reps are still asleep+sedated. mmm
MacKeeva Bush should not be paid a salary for the next 5 years, until these 2 or 3 women expenses are fully paid. This was all caused by him not liking these women because they were possibly linked to another party. This is gross negligence, ignorance and hatred on his part and he should be held responsible to pay the Government back in full, as compensation.
Dont forget George McCarthy, Chief Secretary at the time the 3 women were sent home after the 2009 election, and Donnie Ebanks, Chief Secretary/Deputy Governor who replaced the 3 women by hiring others to fill their (vacant) spots in the Service.McKeeva is much to blame, but these two "men" are to blame too.
McKeeva Bush, George McCarthy and Stuart Jack created this mess along with many others soon to be exposed and paid for by we the people. SMH!
The incompetence of the Dishonorable MacShambles is still costing this country millions.
Kindly pardon my French, but this is one monumental ball's up from start to finish. (And those Yanks scribbling the Compass's editorials sound fit to be tied!)
The government messed up big time on this one. I'm surprised they didn't get sued for putting three competent women on required leave! Someone really should be held accountable for allowing such actions to take place!
For goodness sake the reason for the settlement would be because otherwise the employees would have sued, they may have already started proceedings…..settlements are made to prevent cases making it to Court. Not only might the amount awarded by the Court have been higher, the costs to fight such a non-winnable case might have been vastly more expensive to goverment…..
How could the damages possibly exceed the payment of their salary up to retirement in more than 15 years time!
I think I must be missing something here. To me the term " protracted negotiations" suggests a hard fought negotiating process in which both sides end up making compromises.
I can accept that the women involved were blameless and fell foul of political stupidity, but what exactly have they compromised on in this settlement? They are being paid the salary they would have been paid if they had worked in the same job until retirement, together with benefits, but don't actually have to do the job. Where is the compromise in that?
What the public should really want to know is who negotiated this deal for Government, because whoever it is is incompetentand should be fired – presumably with full pay until retirement!
What a shame and disgrace and a waste of the public's money.
Please, please, please let this happen again. Even if it is just one more time, to me.
Well I be dam. Mac still screwin us two yeas afta dey tek he seat.
Where can I sign up for that deal? A 5 year paid vacation, full wage of six figures plus for the next 15 years, plus pension and benefits… is anyone surprised that "the officers have conducted themselves with the utmost professionalism…"? Who wouldn't – they are probably the happiest people on the island! I'm sure they are great people but it shouldn't come as a surprise that they are not all that bothered by this deal.
We need a new ministry..the Ministry of Corrutpion and Cocks-ups. It would naturally be the largest ministry, rapidly swallowing and absorbing all others….
WOW! Add to that a Turtle Farm worker making 90,000!!! Doing what??
Is it CI or USD? I want to work the Turtle Farm!!
Me too. Me too!
He'll? I'll work ANYWHERE for the govt here. I'm an expat but I promiss I'll work reeeeal good!
Feeding the turtles, duh..
Dear CIG, Premier, Governor, AG: kindly justify how this negotiation outcome represents value for money and demonstrate how and why these payments are not corrupt given the lack of transparency? The public does not understand why they must pay to set up these young civil servants for life, with full pension and non-contributory benefits – without any reasonable explanation?!? In the last 5 years, none of our media have put the obvious question to those responsible – still occupants of the LA – that have enabled the whitewash, in what has already cost the public millions and what will equate to a multi-million dollar retirement package on the seemingly arbitrary date of July 1st.
The reason is they got "honorably for life" screwed out of thier jobs by their own government. Without any resonable explanation!!!! Or is that really just a normal thing here?
The benefit of the public sector for workers – in the private sector if you get screwed out of your job you are lucky if you walk away with enough to live on for a few months.
I congratulate these people on getting what they would have been owed. There are plenty of us out here who have not received like benefits when having been bullied out of our jobs.
UDP, Donovan Ebanks, Franz Manderson as Deputy Governors and PPM are all to blame for this latest example of poor management and another cash give away by a government that claims to be tightening its belt. There is no good reason why Mrs. Diane Montoya and Ms. Deborah Drummond should not be currently working somewhere in the civil service and earning their salaries. Both are competent and professional enough to make a positive contribution within the government.
The frustrating thing is the Deputy Governor and Premier have no problem in telling the country that people will impacted and job losses will result from the latest attempts at rationalization whilst they have negotiated a multi-million dollar settlement for these two ladies who can do a better job within the service than some current Chief Officers. That is pi$$ poor management and another example of waste.
How much money has been given away as a result of settlements by the Cayman Islands Government? Who is responsible for these decisions? Why are the settlements a secret but are coming from the public purse and our tax paying dollar$? Where is the transparency and accountability?
In closing, congratulations to Mrs. Montoya and Ms. Drummond on your financial wind fall considering you have been paid in full since 2009. You are now the envy of your friends and all civil servants who wish they could get that sort of deal. Remember though that you were fortunate to have negotiated with a bunch of clowns who do not care because there are no consequences for poor decisions. The last two Deputy Governors and three Premiers and their Cabinet colleagues have faciliated this latest management fiasco and Caymanians must never forget that fact.
10:10: Was either Franz Manderson or Donovan Ebanks in the position of Head of the Civil Service when these 2 ladies were sent home?
No
No, they were not, see below:
Statement by the Leader of Government Business and Premier Designate, the Hon. W McKeeva Bush, OBE, JP on the retirement of The Hon. Mr. George McCarthy, OBE, JP, First Official Member of the LA, Chief Secretary and Head of the Civil Service
Monday, 29 June 2009
I thank you, Madam Speaker.
Tomorrow marks a significant event for all in the Cayman Islands. This is the retirement date for our beloved First Official Member, Cabinetcolleague, Chief Secretary, Head of the Civil Service and former Financial Secretary, the Hon. Mr. George McCarthy, OBE, JP.
Are you saying that return for doing Mac bidding he was made Chairman of CIMA?? Smell a bit fishy doen't it??
YES ask them
No, George McCarthy sent them home
Why did we simply not use their talents in other departments? No need for demotions, their skills should have been used. No need for such silly politics, this was a poor HR response. I am sure their contracts said they could be transferred?
They were not given a position in another department and they would not have been on contracts as they are long term Caymanian civil servants.
Of course they were on contracts, you are confusing fixed term contracts for expats with open ended contracts for Caymanians. By law all employees must have a written contract.
Christ, at least stick them on a school bus as a monitor !
I understand that another lady in the Dep Gov's office was also sent him this time by him! Is there any truth to this? Is so, then WTF?
Hear! Hear! Where is the evidence of accountability Franz???
Surely it would have been easier to keep these two employed but transferred them to another debt, lower position, like cleaning the streets or mopping the floors in a government building, they would have quit and then no payment!
No, there'd be a huge payment after a constructive dismissal lawsuite.
Not if they are being paid the original salary as was the case. A constructive dismissal would be better anyway so you could try to offset likely future earnings (if any,)
How could it be bigger than 100% of everything.which they apparently got?
Legal fees for both sides paid by government.
Ever heard of the term "constructive dismissal"? A lawsuit after that would have cost the CIG a lot more.
Okay, then let them be the head of the HSA
No it wouldn't.
We didn't want to hurt anyone's feelings
From the "ousted bosses" perspective their being put out to pasture sounds like the best thing that could have happened to them financially. They have had 5 years where they would have unlimited vacations but receive a salary, and they will receive more in this package than they would have received in pensions after retirement.
If any new incoming Minister says he does not want so and so as his Chief Officer, guess what – they are moved. Even franz said so recently by admitting the incoming govt will be "accommodated". so the person will be moved elsewhere – its that simple.
The only thing missing in this whole situation is why these officers did not report to work in other positions for the last 5 years?
That's not really the point here. Civil servants are re-shuffled all the time after each election. What was odd about this is that they were put on compulsory leave.
Obviously, the officers cannot simply "report to work" if they have not been assigned any positions.
of course they would have to be given other positions if they were to report to work. why u so cantankerous to state the obvious. The point is the dep gov should have placed themelsewhere
No. You have got the order wrong. They would have to be assigned positions in order to report to work.
Yes, he should have placed them elsewhere.
They did report to work.
I don't understand why they didn't just fire them?
Ummmm…because they needed GROUNDS to fire them? Without grounds they would be liable in damages for wrongful dismissal.
What a ditz.
And their action for damages would have got them – compensation for their future lost earnings, less some provision for the likelihood of re-employment within a year or two at the outside. This deal sounds better than the worst case outcome in an unfair dismissal case, where it would be an incredible result if a unfairly dismissed employee got the present value of all their future earnings up to retirement. After all, damages should compensate you for your loss – not guarantee you your lifetime earnings and mean you never have to work again. Its compensation, not the lottery!
Not such a ditz at all (albeit perhaps rather cold hearted to suggest they should be fired without fault just to save money).
As other posters have pointed out, they could have simply been assigned positions in the CS. According to Franz they are 170 + positions short.
Smart comment. Thanks for sharing/educating.
First you would need to understand why they were hired in the first place.
Surely, the head of the civil service at that time had to concur with the decision to let these ladies go. Don't we always hear that politicians do not have the authority to interfere with the employment of civil servants?
9:17: who was the Head of the Civil Service when these 2 ladies were sent home?
Statement by the Leader of Government Business and Premier Designate, the Hon. W McKeeva Bush, OBE, JP on the retirement of The Hon. Mr. George McCarthy, OBE, JP, First Official Member of the LA, Chief Secretary and Head of the Civil Service
Monday, 29 June 2009
I thank you, Madam Speaker.
Tomorrow marks a significant event for all in the Cayman Islands. This is the retirement date for our beloved First Official Member, Cabinet colleague, Chief Secretary, Head of the Civil Service and former Financial Secretary, the Hon. Mr. GeorgeMcCarthy, OBE, JP.
Yes, when Mac is on the radio, that is what you hear. However, he openly said he would not "wuk wid" these ladies. However, a Head of Civil Service with any backbone would not have allowed it to happen.
This all comes down to the Public Service Management Law, which effectively says that Caymanians cannot be removed from the public service until they reach 60, irrespective of competence etc. There's no relevant exception, so the only solution is to offer to pay them off in full. The same applies to the attorney general, the MD of CIMA, everyone. We're stuck with all of them. Nor can they even be assessed periodically. Performance is irrelevant.
So don't blame those who reached the settlement. Press for this stupid, outdated law to be changed to suit the times. I'd like to meet the politician brave enough to that.
Just another example of government incompetence. Suck it up.
"cannot be removed from the public service until they reach 60, irrespective of competence etc". The Public Service Management Law does NOT, repeat NOT, say that 8:36.Either you have not read it or you have not understood it. I sincerely hope you are not a civil servant.
What??? Public service personnel can't be removed from office until they're sixty? That must be why we have so many incompetent people in public service! At first I found this too far-fetched to believe, but it must be true…. why elseldo we have so many slackards and don't get much done. The ones who work hard and produce have to carry the ones who don't. Maybe this explains why some shady politicians aren't prosecuted for wrong-doing. One size fits all in the Cayman Islands government!
P.S. Note to Anonymous 8:36: There are no politicians brave enough to seriously attempt any change.
The top of society will let the people think the economy is bad.
We all have to cut back.
And then they divide the money among themselves.
PPM..Where's the transparency? Everything under this government is deemed confidential…
Alden…just so you remember it's "our" money..just in case you have forgotten..
This has nothing to do with the PPM. It is Franz's job to clean up Donovan Ebanks' mess which he created by accomodating the unreasonable wishes of the UDP.
Not Donnie's mess. Check who the head of the civil service was.
What escapes me is the outrage the public holds toward the Tempura payout and the cry for transparency in the payout from the public purse and here we have a very similiar payout situation but in this case we are dealing with an all Caymanian cast of characters.
So where is the outrage?
We not outraged. Some Caymanians did well for themselves.
Are any of these lovely ladies single?
Here is the transcript of the settlement meeting:
Former civil servant's lawyer "We want this much, were are entitled to this much"
CIG lawyer "Oh, we thought you were going to want much more than that"
Former civil servant's lawyer "Yes, you are right, we want much more than what we thought we could get. How much were you thinking?"
CIG Lawyer "Oh more than you could ever have imagined. We pick our settlement figures from American TV shows and National Inquirer"
Former civil servant's lawyer "It will be tough, but I think I can sell that to my client. We will do a deal for more than we could ever have imagined and a little bit more on top"
CIG Lawyer "You drive a hard bargain. I'll agree to the the little bit more on top."
Former civil servant's lawyer "And we want a unicorn, a leprechaun and a lifetime supply of sweets"
CIG Lawyer "We are clean out of unicorns. But I can offer you two leprachauns, and a mermaid. But no sweets. We are not made of money you know"
I am sorry, but there is no legal basis for the huge amount of settlements paid by CIG. They seem to think that this is America.
There is a very firm legal basis and precedents.
Oh but we ARE Little AMERICA.
We are a chip of the block of the U.S.A in all the wrong ways.
And you wonder why people are brought in here to make the place function.
You mean brought in to "Pretend" to make the place function. Playing pretend and getting paid big bucks to do so….hell of a deal don't you think?
Not at all. It appears that with the right passport you can be paid to not attend work and even if you do think about turning up, here is some more.
No wonder so many others practise this on an occasional basis, they are really in training for the "big one".
Well who knew that working for the government can be like winning the lottery!
Shameful and disgusting that this public spending is 'confidential'. Just another way government is NOT transparent as they claim to be or it appears accountable for this loss to thepublic purse. The oligarchy is alive and well.
pay yer fuel surcharge, to pass go. cost of living = up-up and away.
no hope in sight.
Well thanks very much mr bush. Another one of your brainstorm decisions when you still thought you could walk across North Sound without getting your feet wet.
Thank Bush. Thank Duncan Taylor. Thank Donovan Ebanks. Thank Franz Manderson. Read the Constitution, PMFL and other applicable laws.
Responsibility for Civil Servants, their hiring, employment, retirement or termination is 100% controlled by the Governor who then delegates these to the Deputy Governor.
McKeeva could have pounded his fists and refused to work with any of the three but did Donnie Ebanks just take orders like a fast food cashier? Where was the thinking and creative problem solving? Where was the fairness and focus on value for money? There were better ways to handle this. FIrst of all, they could have said no to sending the officers home and simply reassigned them within the Civil Service or one of the Statutory Authorities. Then, who is to believe that for 5 straight years there was no managerial, research or policy work, anywhere in the Civil Service that they could have been assigned to do and EARN their salaries?
The professinal travesty and waste of public funds compounded by this exorbitant secret settlement was only possible because the past Governor, two Deputy Governors, the Portfolio of the Civil Service and others allowed it to happen.
The settlement is unbelievable – who was negotiating for Government?
3:59: Was Duncan Taylor the Governor and either Franz Manderson or Donovan Ebanks the Head of the Publice Service when this whole mess was created?
No
Wasn't Donnie Ebanks.
Yep, all because he wouldn't "wukwid" them.
Juliana O'Connor-Connolly and Alden McLaughlin as Premier could have directed the Deputy Governor Franz Manderson to find an appropriate position for both women somewhere in the 6,000 paid government positions. This is too expensive to only blame a muppet like Big Mac it was failure at several levels.
There are only a few reasons why good employees in a big outfit wouldn't simply be reassigned somewhere else – none of those reasons are good. Both parties seem keen to put a lid on what is truly at issue – and it seems at any price. If what we are witnessing is the negotiated solution, we can only imagine where the initial negotiation numbers/demands began.
Wow, I wish by boss would send me home, continue to pay my full salary for another 5 years, then give me a settlement with full salary until retirement age!
Why is government giving them another 15 years worth of salary as a settlement? Wouldn't the last 5 years of free salary be enough of a settlement, even if they were dismissed unfairly? This is another classic example of how government does not give a shit when dealing with public funds. Incompetence at every level!
CIG had no choice since they had not done anything wrong and should have never been placed on leave to begin with – THAT'S WHY!
They could have quit and gone to the private sector at any time.
You have no idea what it is like for your career to be ruined out of spite by one man. A five year gap in a resume is the end of a career. Despite his denials on Rooster the other day, we all know who is responsible for this. We have also lost great civil servants.
Like Joey Ebanks career was ruined after the fiasco at the turtle farm???
The incompetent and XXXXX McKeeva Bush is solely responsible for all these costs and all these cost should be paid by him alone. Why is Govt and the civil service not suing him dirctly for the recovery of these costs together with the many millions that he wasted from his reckless spending from the public purse, excessive travel, Cohen & Co., GLF settlement etc etc as the list goes on. This is what Bush did for Cayman and our people.
Everything seems to be being settled by confidentiality agreement under PPM – must be all the lawyers. So much for transparency.
Explain this to me. Mac comes into power and removed from their post three good employees to appoint three of his choice knowing that he will have to pay double salary. He is not only unfair to efficient, high rank CS, but he waste a huge amount of money just to give the job to someone he likes (either they are goo or not) and this gov try to clean the mess he created without making the CI gov look stupid and you blame them? i hope your medical insurance covers mental problems, you will need it.
What am I missing here. How is that a deal?
It is a PPM deal. Be thankful they didn't offer to throw in a state of the art kitchen with taps made of pure gold.
21:52, perhaps you should try reading the article again. Fully paid salaries and benefits for not lifting a finger, for 15yrs.
"Manderson said at the UCCI conference that such a situation would not be allowed to happen ever again."
It should never been allowed to happen PERIOD! The people who did this should be held responsible, not the public purse!
Mackeeva could not have done this alone without the complicity of individuals in the civil service. It's time that you show that you will exact accountability Franz and let the heads roll!!
You vote for third world you get third world. Holding irresponsible persons responsible? That only works in the movies. This is more an indication of voter intelligence (or the lack of it) then voted in intelligence.
Premiers and ministers should never have that kind of power where they can force good employees out of work for unjustified political reasons. I say let the perpetrator pay back to government every single cent paid to each of these ladies, even if it means taking it from his pension. We must make laws to prevent these legislators from giving themselves raises when ever it suits them and laws that require a proper investigation when and where these illegal dismissals of personnel occur.
We let our legislators have too much discretionary power. Mean-while "they" give us too little respect.
Theoretically, he did not have that power. If a senior civil servant had stood up to him, it would not have happened. I agree that he should pay the money tho'.
I am at a loss to understand this story.Surely this could have been wrapped upbefore now.This situation must not happen in the future as this is costing the public purse money that could have been put to better use.When are we going to realise that money no longer" grows on trees" like back in the good old days.I have nothing against the ladies mentioned but this kind of nonsense has to stop.
I hope that there was a clause in the payout inserted that it be paid in an annuity structure, rather than a lump sum, and additionally that if either were to rejoin the Civil Service, their payout be garnished such that what they would earn annually in a new CS position be deducted from the annuity payout. I have no issue with their being paid the equivalent as if they were working until retirement, as well as legal costs, given the nature of their removal, but hope the settlement was smart enough to avoid potential double-dipping.
Given how they were treated, I highly doubt they would ever want to rejoin the Civil Service, but just in case… Though knowing government, I doubt the settlement structure provides protection for further expenditure to protect the public purse.
I hope MR Manderson will look in to our Past Boss of NRA Mr Tomlinson. Good Man
"A loss for the service"? So why after all these years were they not found other jobs, especially after McKeeva was defeated in the last election.?
Yes people, the economy is bad, we all have to cut back and fees need to be increased.
Now you know why . . . .
Disgusting . . . .
How about hiring them on 5 year term contracts? Is that prohibited?