One of the main, ongoing responsibilities of presidents of T&T under the Republican Constitution is the appointment of citizens of the country to offices and bodies, established by statute, that contribute to the good and orderly governance of the nation. In a fair number of cases, the Constitution gives the President the responsibility to make appointments to offices and bodies after consultation with the Prime Minister and the Leader of the Opposition.
These offices and bodies include: the Chief Justice, the three appointed members of the Judicial and Legal Service Commission, the Ombudsman and the Auditor General. The President also has a responsibility to appoint—after consultation with the Prime Minister and the Leader of the Opposition—the chairman and members of the following commissions: Elections and Boundaries, Public Service, Teaching Service, Salaries Review, and Integrity.
The President, as well, has the responsibility to nominate, for negative resolution of Parliament, the members of the Police Service Commission and to appoint, on the joint advice of the Prime Minister and the Leader of the Opposition, the director and deputy director of the Police Complaints Authority
It is a constitutional requirement, therefore, for the President to make these appointments in a timely fashion so that the important work of these important offices and commissions is able to continue in a seamless fashion. The failure of the President to make appointments in a timely fashion is beginning to have an impact on the good and orderly governance of the country.
On Friday, after providing the Office of the President with six weeks' notice, retired business executive Ken Gordon stepped down as the chairman of the Integrity Commission, after having served for three years. As the statute establishing the Integrity Commission refers to a five-member body, the non-appointment of a new chairman (and a chartered or certified accountant) may prevent the operation of this commission at a time when there are many serious and sensitive matters before it.
That there was no statement from President’s House on Friday announcing a new chairman was surprising. That the President’s spokesman referred to “problems getting people to serve on these commissions, especially on the Integrity Commission,” was truthful if somewhat indiscreet, given that such appointments are within the President’s remit.
If there are problems recruiting people to serve on commissions, President’s House would do well to rethink its recruitment strategy. It may think that placing newspaper employment advertisements is too public, but President’s House should consider seeking professional advice. Employing an executive recruitment firm may be a useful start.
The recruitment firm would undertake the initial, thorough vetting of the list of potential candidates, which has become increasingly important given the fact that the Integrity Commission has often found itself embroiled in imbroglios.
Between 2003 and 2014, there have been five chairmen of the Commission: Gordon Deane, John Martin, Fr Henry Charles, Eric St Cyr and Ken Gordon. All except Gordon resigned prematurely because of missteps—including once in February 2009 when the entire board stepped down after it was criticised by a High Court judge for misfeasance in relation to the Landate investigation.
The close scrutiny and ferocious, often partisan, attacks the commission has suffered in recent years may explain the reluctance to serve. But the Integrity Commission serves a very important role in T&T, a country that has been troubled by widespread allegations of corruption among government officials for decades. It is imperative that President Carmona find a few good citizens to serve.