THERE is confusion this morning over whether former permanent secretary in the Ministry of Education Dean-Roy Bernard and the woman who acted after he was shifted, Dr Grace McLean, will be asked to pay surcharges relating to $124 million released to the Jamaica Council for Tertiary Education (JCTE) in breach of government guidelines.

The saga started on Wednesday morning when Education Minister Fayval Williams, responding to a question at the post-Cabinet media briefing, said that letters had been sent to now-acting permanent secretary in the ministry Maureen Dwyer, to be issued to Bernard and McLean, indicating that surcharge action had been initiated against them based on instructions from the Ministry of Finance.

State minister in the education ministry Robert Morgan underscored the claim as he told the media briefing that the two had been given 30 days to indicate what arrangements they will make to comply with the action which has started.

But the education ministry’s political directors were left facing questions after the finance ministry, in a late evening release, denied taking surcharge action against the two public servants.

“With reference to media reports today [Wednesday] regarding the surcharges, the Ministry of Finance and the Public Service hereby advise that it is currently in the process of gathering and reviewing information to inform evaluation of the recommendation made by the auditor general for surcharge of Mr Dean-Roy Bernard and Mrs Grace McLean,” the ministry said in its one-paragraph release.

However, there was some clarity to the matter late Wednesday when a letter, reportedly sent to the education ministry over the signature of Financial Secretary Darlene Morrison, was leaked to the media.

The letter, dated December 10, 2021, noted that a surcharge was recommended by the auditor general following a probe which concluded that both officers facilitated payments to the JCTE which may have resulted in a loss of approximately $124 million to the Government of Jamaica.

“According to the auditor general’s report, no action was taken by Dr McLean or Mr Bernard to ensure the payee (JCTE) was fit and proper to receive funds from the [Ministry of Education]. Both Mr Bernard and Dr McLean were adjudged to have failed to ensure that monies were being paid to a legitimate entity and that a proper mechanism existed to account for the funds disbursed to JCTE,” the letter pointed out.

It was further indicated in the letter that, “In light of the above, consideration is being given to the imposition of surcharge against Dr Grace McLean. In the first instance, pending finalisation of the investigation and subject to her response to the findings of the auditor general’s report”.

It was also noted in the letter that, “Consideration is being given to the imposition of surcharge against Mr Dean-Roy Bernard in the amount of… Mr Bernard has provided a response to the auditor general’s report and this ministry is conducting further investigations in that regard”.

“Kindly cause the enclosed letter to be urgently delivered to Dr McLean who is required to provide a response within thirty (30) days of the receipt of the letter. Subsequently you are required to submit to the undersigned, in a timely manner, your recommendation and comments on the matter and on her response. Your response should include a statement on the date of delivery of the letter to Dr McLean,” said Morrison in her letter.

Dr McLean was sent on leave on October 13 last year following the release of the audit report on activities at the JCTE, for April 2016 to September 2021, in which it was said that she failed to exercise her fiduciary responsibilities, authorising payments to the JCTE after it claimed it had become a private company.

Among the recommendations made by Auditor General Pamela Monroe Ellis was that the Ministry of Finance should have the two senior officers pay back the $124 million.

Williams told the media briefing Wednesday morning that there has been no recovery yet.

Responding to a question on McLean’s future at the ministry, Morgan said that the police and anti-corruption probe would inform future actions pertaining to her return or capacity in the ministry.

“It would be inappropriate for us to act without being empowered by the constituted authority. We also have to contemplate that persons have legal rights,” said Morgan as he underscored that the recommendation of a surcharge did not necessarily mean that a crime had been committed.

“Based on the recommendation, the Ministry of Finance has acted and we all will have to wait to see what the outcome of that action is. It’s a bit unprecedented; it is something that we all have to observe keenly to see what the outcome of it is,” said Morgan.