The Tribune

By RASHAD ROLLE

Tribune Staff Reporter

rrolle@tribunemedia.net

THE Office of the Attorney General recommended that disciplinary action, including dismissal, be taken against ten people involved in a Department of Education scheme that defrauded the government of $450,000.

However, more than six months after the scheme was exposed to the public, it is not clear what action will be taken against the individuals.

In January, The Tribune reported that Auditor General Terrance Bastian found staff had perpetuated a $448,230 fraud by manipulating a system of stipends and honoraria.

In a report dated September 12, 2018, his office revealed there was no accompanying formal approval from the Ministry of Finance, Ministry of Education or the Ministry of Public Service for the payments. In one instance, an assistant accountant received 43 honoraria payments of $125,505 in 44 months while another accountant received $61,113 in 32 instalments in 20 months.

The Royal Bahamas Police Force was said to be investigating the matter but the results of that probe are unclear. Some public servants, The Tribune understands, are concerned that despite the significance of the fraud, little has been done to hold those responsible accountable.

The Tribune recently obtained a copy of the recommendation from Shane Miller, director of legal affairs in the AG’s Office, concerning the matter. The document, dated April 29, 2019, was addressed to the permanent secretary in the Ministry of Public Services, who could not be reached yesterday for comment.

Mr Miller wrote: “We have been informed by the treasurer that as a result of the (auditor) report, all of the officers have since been relocated out of the Department of Education and corrective measures have been implemented in the accounting procedures. Furthermore, the treasurer has a contingency plan to replace relevant officers should dismissals be warranted. The treasurer on behalf of the financial secretary held meetings with the audit department, the department of public personnel and the Office of the Attorney General and requested the OAG to advise on the matters.

“The Ministry of Finance, who has control of all of the accounts officers in the public service, has decided to take action against some individuals who are employees for misappropriation of funds which occurred during this time. As a result of findings of the report, it was initially decided that action would be taken against 24 persons. However, the Office of the Attorney General advised that the department should ensure that the persons charged have infringed specific law/policies/regulations and that there was substantiating evidence to support the allegations. As a result, it was decided that action would be taken against ten persons.”

The Public Service Commission Regulations characterises the disciplinary actions public officers could face.

“Upon review of the matter and in accordance with the relevant legislation, we advise that show cause letters be issued to the ten individuals pursuant to regulations 41 and 43 of the Public Service Commission Regulations,” Mr Miller said in his letter. “We have enclosed drafts of the letters to be reviewed, completed and signed by the permanent secretary of the Ministry of Public Service and issued to the relevant individuals. In drafting the show cause letters, we have taken into consideration the following legislation: the Public Services Act; the Public Service Commission Regulations, the Financial Regulations; the Manual of Cabinet Proceedings; the Bahamas Government Human Resources Policies Manual March 2017 and the Financial Administration and Audit Act.”

Asked whether disciplinary action has been taken against the employees, Financial Secretary Marlon Johnson said yesterday the matter is ongoing.

“The matter remains under active consideration and appropriate steps will be taken,” he said.

Attorney General Carl Bethel declined to comment.