FORMER National Education Trust (NET) Executive Director Marcia Phillips Dawkins has scoffed at a recommendation from the Integrity Commission (IC) for her to face disciplinary action for an alleged breach of the rules while she headed the entity.

“I am not sure which rules I have breached… and I don’t know what disciplinary action I could face since no transaction was carried out,” Phillips Dawkins told the Jamaica Observer.

In a 42-page report tabled in Parliament on Tuesday the IC’s Director of Investigation (DI) Kevon Stephenson said his probe found that actions by Phillips Dawkins in relation to a request for quotation (RFQ) were inappropriate, unethical and misleading.

“The DI is advised and do verily believe that Mrs Phillips Dawkins is no longer employed to NET, she, however, remains in the employ of MOE [Ministry of Education]. Consequently, and having regard to her conduct in this matter, the DI recommends that disciplinary proceedings be instituted against her,” the report said.

The allegations against Phillips Dawkins arose from a November 2021 incident when she prepared a RFQ and sent it to a supplier bearing the signature of NET’s then Procurement Manager Suewayne Miller, allegedly without her knowledge and/or consent.

“During the course of the investigation, breaches of the procurement law, regulations and established procurement procedures were identified,” said Stephenson.

He detailed that the investigation started after reports in the media in November 2021 that Phillips Dawkins had been sent on “precautionary leave”, with the decision taken to “facilitate a probe into concerns about fiduciary affairs at the entity”.

In April 2022, then Education Minister Fayval Williams instructed that an investigation be launched into the matter.

The DI said Miller told the investigation that sometime in 2021 Phillips Dawkins requested a sample of a previous tender document that was used for consultancy service.

According to the DI, subsequent to the receipt of the RFQ document for a previous procurement, Phillips Dawkins issued an RFQ with Miller’s signature.

The DI noted that Miller told the investigation that the use of her signature in this manner was irregular.

“The evidence suggests that Ms Miller had no knowledge of Mrs Phillips Dawkins’ actions and that no authorisation was given to affix her signature to the referenced document,” Stephenson said.

He concluded that the manner in which the matter was dealt with by Phillips Dawkins was inconsistent with the scheme of the Public Procurement Act, in general, and the entity’s own procurement procedures.

But in her written response to the IC, Phillips Dawkins argued that the action taken by her was based on the critical nature of the activity and the need to facilitate the establishment of an information system to support continued teaching and learning under COVID-19 conditions.

While admitting to using the signature, which she said was provided to her based on a request to Miller, Phillips Dawkins underscored that the suppliers were instructed to send their response to Miller.

“I did not see the need to make any change to the signature on the document because I was only initiating the process on her behalf. Therefore, there could be no fraudulent use of her signature when the RFQ was copied to her as procurement manager [and others],” argued Phillips Dawkins.

She told the Observer that the morning after she sent out the request, it was cancelled as Miller pointed out that she did not give the suppliers the necessary time to respond.

“That is why I mentioned that this whole thing was a waste of everybody’s time because no procurement activity was carried out by me. The process that I initiated was cancelled the very next day,” declared Phillips Dawkins.

“The Ministry of Education will now have to decide, based on the Staff Orders, what breach was committed and what action they can take,” added Phillips Dawkins as she argued that the process was carried out transparently, with all levels of the sector being aware of what she did.

STEPHENSON… said investigation found breaches of the procurement law, regulations and established procurement procedures