THE Jamaica Civil Service Association (JCSA) has rebuked National Environment and Planning Agency (NEPA) for its decision to interdict the officer who was the first to highlight breaches at the housing development owned by National Water Commission (NWC) President Mark Barnett and his wife Annette.

At the same time, JCSA has called for an immediate amendment of the Public Service Regulations, charging that various managers have been weaponising the interdiction provision to victimise workers.

“We have seen our members suffer reputational damage and significant loss of income which lasted for many years. This has a devastating psychological effect, not only on the individuals but also on their families — especially in circumstances where the public servant is acquitted. What would be better applied is administrative leave with full salary pending the outcome of the investigations, because in that case the public servant should be considered innocent until proven guilty,” the JCSA said Thursday.

The worker, Ryhan Henry — who had responsibility for monitoring the housing complex at 11 Charlemont Drive in St Andrew to ensure compliance with the permit — had, during a site visit in 2020, found discrepancies with what was approved initially. The officer, in accordance with his duties, compiled a report which he submitted to a supervisor, with recommendations that a warning letter be issued to Barnett to come into compliance within seven days. Several reports later, another officer went on site and made similar observations and recommendations.

The reports of both individuals were factored into an investigation by the Integrity Commission (IC) which found that the couple breached building, planning and environmental permits. The IC then sought the ruling of Director of Public Prosecutions (DPP) Paula Llewellyn on the allegations of irregularities in the approval and post-permit monitoring processes.

The DPP, who agreed with the Integrity Commission that Barnett was in breach of the Natural Resources Conservation Authority (NRCA) Act and the Building Act, however ruled that although the allegations support the laying of criminal charges against the Barnetts there could be no prosecution as criminal action is statute-barred, given that the initiation of prosecution is time-sensitive and was not initiated within 12 months of the breach being identified.

Henry was last Wednesday called into a meeting at NEPA’s Caledonia Avenue premises in the Corporate Area and served with the notice of his interdiction. The other officer remains on the job.

The JCSA, in a statement issued to the media, said it is “mindful of the impact of the interdiction on public servants and has long questioned the notion of fairness and natural justice in whatever circumstances a public servant might find themselves in, if a breach of their employment occurs”.

“While we understand that there is a provision in the Public Service Regulations to (PSR) to administer the process of interdiction, the JCSA rejects its use in the current form before a thorough investigation is conducted to determine if the officer is charged for the offence,” the association said.

It pointed out further that “any employee accused of breaching the terms and conditions of employment must be allowed to have a hearing so that they can be given the chance to defend themselves against the allegations”.

The JCSA said it believes that the measure is “punitive, as punishment administered without conducting a hearing is tantamount to injustice because:

* there is a lack of urgency in some cases for investigations to conclude in a reasonable time or for the matter to be heard and settled as quickly as possible;

* vindictive management uses interdiction in its current form as a weapon to victimise workers and to cause them undue financial hardship

* and it reduces the salary of public officers (in some cases to ½ or ¾ pay)”.

“In such circumstances it is important for a hearing to be had at the earliest time possible as people’s lives will be impacted, considering that they are not allowed to work while on interdiction,” the association declared.

As such, the JCSA said it is “calling for the section of the PSR that speaks to interdiction to be immediately amended to include a timeline for these cases to be concluded, in the same way we have legislation with a timeline to dispose of cases (statute-barred)”.

The JCSA said it “will continue to protect the rights of the workers. And we believe that interdiction is a breach of these rights, based on how it is currently being used”.

The association said it stands in solidarity with its members at NEPA and will do everything in its power to protect their rights.

On Tuesday, head of the Union of Clerical, Administrative and Supervisory Employees and senior trade unionist Vincent Morrison questioned the role of NEPA’s board during the initial discovery of breaches at the housing development, and charged that the interdiction of the inspector is suspect.

In the meantime, the Jamaica Observer has learnt that staff at NEPA is restive, with many up in arms about the way Henry was treated by management.