CSA sends out requests to Interim Government

The Civil Service Association (CSA) was revitalized on January 6, 2011. Since this revitalization the CSA has had numerous meetings with representatives of the Interim Administration to address a number of issues and to avert the implementation of several new policies which the CSA considered as being detrimental to the well-being of civil servants, their families and the civil service. In the interest of clarity and brevity these issues are outlined below along with our view of their state of resolution.

Deduction of 10% from salary and allowances since April 2010 – Unresolved
1. This is an on-going issue but the CSA understands the financial position of the country
2. The CSA and civil servants accepted this deduction in good faith as promised by the Administration that this would reduce the need for significant numbers of persons being made redundant.
3. The CSA made many recommendations as to how this 10% could be reinstated, including the immediate and full reinstatement for persons making less than $1500 per month with a phased reinstatement for persons with salaries greater than $1500.
4. None of our recommendations were agreed to but the Administration promised to have the 10% reinstated by 2012 when the government would be in a better financial position.
Non-payment of gratuity for locally employed permanent civil servants employed after April 5 1992 – Unresolved
1. Civil Servants employed locally in the service after April 5, 1992 and confirmed in their posts were eligible for the payment of a gratuity based on their years of service, basic salary and long service award. The calculations for such gratuities were based on the pension gratuity formula. However, the gratuity provided was not deducted from pension, as was the case for persons employed before April 5, 1992 and entitled to a government pension.
2. The governor on the advice of the PS Finance, Attorney General, Accountant General and Chief Secretary has historically provided this gratuity to such eligible persons upon leaving the service. As this was the case under successive governments during the ministerial system of government every civil servant so eligible had and still has a legitimate expectation to receive such gratuity benefits.
3. The Administration in April of 2010 ceased the payment of such gratuity benefits stating that it was unlawful.
4. The CSA recommended to the Administration to draft, pass and enact a law to make granting of gratuity in these instances lawful, as there was no law making it unlawful. Civil servants continue to have the legitimate expectation to receive such benefits especially as persons on contract employed in equal capacity received 15% of their salary as gratuity at the end of each contract.
Reduction in housing allowance benefits – Unresolved
1. Locally employed non-contract civil servants so eligible for housing allowance as provided for in general orders, received housing allowance for a period of 5 years. Such persons are typically persons who are transferred from their island of first appointment.
2. The Administration proposed to reduce the period of such entitlement from 5 years to 3 years.
3. The CSA argued that the provision of housing allowance for 3 years, especially in this economic climate is insufficient to alleviate the burden placed on civil servants for rent or mortgage, especially on Providenciales to which most of the transfers occur.
4. The CSA also argued that civil servants employed on contract can enjoy in excess of 5 years housing allowance, and to provide a shorter period of financial support for locally employed civil servants is discriminatory.
5. The CSA recommended that if the new policy is implemented that the civil servant should have the right to request transfer back to his/her home base of first appointment after 3 years but if their service is required at the transferred location beyond 3 years they should be provided with housing allowance for up to 5 years.
6. The Administration has not acted on the CSA’s recommendation to date.
Reduction in Transport Allowance – Unresolved
1. The provision of transport allowance is based on need (job category and job tasks) as recommended by Heads of Departments and Permanent Secretaries and approved by OPSM/PSC.
2. The new policy is to pay transport allowance based on “Official Miles” ie miles earned in the act of duty excluding driving to and from work.
3. The CSA argues that whilst this is a good policy in principle it is difficult to implement and to monitor, especially with persons using their personal vehicles. It is labour intensive as it requires someone to continually monitor mileage on an officer’s personal vehicle or requires the fall back on self-reporting which does not improve accountability compared to the current policy.
4. The Administration is holding strong on its proposed policy.
Reduction/removal of gratuity for civil servants employed before April 5, 1992 – Partially resolved
1. Persons employed prior to April 5, 1992 are entitled to a government pension as provided for under the Pensions Ordinance. Such persons are also entitled to, if they so desire, receive 25% of their pension benefit as a one-time payment (gratuity). If they accept such payment their pension benefit would be reduced by the equivalent amount.
2. The Administration had proposed to amend the Pensions Ordinance to remove the right to such gratuity payment for eligible civil servants.
3. The CSA argues that to amend the Pensions Ordinance to remove the right to an accrued benefit is unlawful and furthermore that civil servants on the verge of retirement from the service have already enacted financial plans based on the expected benefit.
4. The Administration delayed the implementation of this new policy but intends to achieve the same desired goal in a phased approach.
Retirement age and Pension Gap – Resolved in principle but not enacted
1. Civil Servants employed after April 5, 1992 are entitled to a pension from NIB at age 60 years and are not entitled to a pension from government. Therefore civil servants retiring at age 55 years would have a gap of 5 years before they would be eligible to receive any pension.
2. The Administration agreed to increase the retirement age to 60 years so as to remove this gap with a transition plan for persons still desirous of retiring at age 50 years.
3. This agreement to increase retirement age however is yet to be enacted.
Reduction in pension benefits – Transition from TCIG pension to NIB Pension – Unresolved (being acted upon by Pensioners Association)
Stoppage of TCIG Pension when recalled on contract with TCIG – Unresolved
1. The CSA made representation on behalf of these returning past civil servants. The CSA is of the view that persons currently employed on the premise that they will continue to receive their earned pension whilst on contract should not have such right taken away. Where these persons are recalled into the civil service because government needs their skills, their right to enjoy their accrued benefits while on contract ought not to be ignored
2. If the Administration wants to implement this new policy then it should apply to new persons being recalled into the service so they can have the right to accept or refuse the offer.
3. The Administration is still holding firm to its new policy.
Civil Service Reform and redundancies
1. The CSA would recommends that the civil service reform assessment be fully completed before engaging in redundancy activities – Unresolved
  1. This would give opportunity for in-service redeployment before redundancy
  2. This would give way to better departmental restructuring and improve efficiency and effectiveness of departments
  3. This would allow for better identification of training needs
  4. Only after (i), (ii) and (iii) above have been accomplished then should a redundancy programme be embarked upon.
2. Voluntary redundancy – Partially resolved in principle / good faith
  1. Inclusion of full basic salary prior to 10% deduction in the calculation of severance package – agreed upon
  2. Extension of deadline for receipt of expressions of interest – agreed upon
  3. Immediate re-employment in statutory bodies that are self-sufficient – agreed upon
  4. Reduction in the ban from the civil service from 4 years to 2 years – partially acceptable (require further resolution)
3. Compulsory redundancy – partially acceptable
  1. Inclusion of full basic salary prior to 10% deduction in the calculation of severance package – agreed upon
  2. Inclusion of long service award in calculation of severance package – unresolved

Therefore it is clear that there has been much talk and very little progress, especially on the issues of major significance. The rapid turnover of CEOs and Governors during our period of negotiation is not helping the process, as no one is accepting responsibility for following up on outstanding issues of importance to civil servants. We therefore find it very distasteful when the administration endeavors to paint a picture of the CSA as an organization that is not thankful, reckless and irresponsible. The CSA has been nothing but patient, too tolerant and gullible as we are fed with promises that would die with the next CEO or Governor and promises as a part of a delay strategy.. The CSA will continue to stand up for all civil servants, past, present and future. It is our duty to ensure that those of our members leaving the civil service leave on good terms and with maximal benefits according to their expectations and entitlement. It is also our duty to ensure that those of our members remaining in the service work in a productive and efficient civil service but must be guaranteed employment under acceptable terms and conditions..

We have a vision of an effective and efficient civil servicestaffed by highly qualified and well trained Turks and Caicos Islanders throughout the ranks of the civil service, a civil service that is accommodating to our youth to ensure that they can progress their professional development and be the future leaders of our nation.

We the CSA will not allow anyone to destroy our vision and together we will stand to fight for our rights as civil servants and as Turks and Caicos islanders.

Therefore the CSA and civil servants do not take too kindly to the threats and the tactics issued recently by Mr. Stanley in an effort to persuade civil servants from exercising their rights and fighting for their survival. Mr. Stanley’s actions yesterday when he suspended the privilege of civil servants to have one sick day without a sick certificate is an abuse of his office as only the Governor can make such amendments to the General Orders and Public Service Regulations.

The CSA would like to make it clear that attempts were made from Friday of last week to engage Mr. Stanley and the Administration in a meeting, but we did not receive the courtesy of reply until late Sunday evening when plans for a strike were well advanced. The letter from Mr. Stanley inviting negotiations came after weekend of planning at Waterloo. It is quite obvious that the Administration has no interest in addressing our issues. Their only objectives are to implement their plans averting resolutions on the issues of grave concern to all civil servants.

We have invited the Administration again to convene a meeting Monday evening for the Administration and the CSA to sit and resolve the long outstanding issues. In the meantime we encourage all civil servants to stand up for their rights and continue to fight for justice. The strike is on until we are satisfied that progress on our issues is being made in a timely manner.

CSA Management Council

The following was an outline from the CSA sent to RTC News.