Teixeira says removal of permanent secretary constitutional, done on instruction of President

The termination of the services of Permanent Secretary, Sherie Samantha Fedee was done upon the instruction of President Irfaan Ali and in line with the constitution, according to Minister of Parliamentary Affairs and Governance, Gail Teixeira.

She made this statement in a letter yesterday to Guyana Public Service Union (GPSU) President Patrick Yarde who had written  her on Tuesday declaring that the October 12th correspondence  by Teixeira to Fedee terminating her employment was unconstitutional.

In her letter to Yarde yesterday, Teixeira said that she had been advised that the power to make appointments to the Office of Permanent Secretary and to remove from such Office, vests exclusively in the President, pursuant to Article 205 of the Constitution of Guyana. She asserted that this power is exercisable by the President and is not subject to, any recommendation of, or consultation with, any Commission, including, the Public Service Com-mission, or indeed, any other person, body or authority. 

“In short, the Public Service Commission exercises no powers whatsoever over, or in relation to, a Permanent Secretary. Accordingly, the constitutional provisions to which you refer bear no relevance to the matter at hand”, Teixeira said.

A reading of Article 205 however suggests that while the President does not need to consult with the Public Service Com-mission (PSC) on the dismissal of a permanent secretary he is required to do so in relation to the appointment of one.

Teixeira further said that the constitutional rationale for this power being vested exclusively in the President resides in Article 115 of the Constitution, which renders a Permanent Secretary subject to the direction and control of the President or a Minister appointed by the President. 

“In the circumstances, I reject every allegation of wrongdoing, unlawfulness and unconstitutionality contained in your letter.

“Without prejudice to the above, Ms. Fedee will be offered a lateral position at the same terms and conditions. The matter is under active consideration by the Ministry of the Public Service to find a suitable position “. Teixeira said.

However, Teixeira’s dismissal letter to Fedee on October 12th made no offer of any lateral position (see letter below.)

Teixeira also said in her letter to Yarde that the act of the PSC on September 15th, 2020 in appointing Fedee as Permanent Secretary in the Amerindian Affairs Ministry is null and void as it usurped the constitutional prerogative of the newly elected President.

Teixeira also took a swipe at Yarde.

“In closing, l also wish to put on record —and it would be remiss of me not to – regarding comments in your closing paragraphs with regards to my government, my observation (and that of thousands of other Guyanese), is that you, in your capacity as the head of the GPSU, were unusually silent on the termination of Permanent Secretaries and other senior public officers between May 2015 and March 2020”, she said.

Earlier in the day, Attorney General Anil Nandlall had also said that Teixeira did not usurp the powers of the PSC when she revoked the appointment of Fedee

“The Public Service Commission holds no supervisory power or any power at all in relation to Permanent Secretaries who are appointed by the President and are removable from office by the President,” he told Stabroek News.

The PSC’s supervisory powers, the AG posits ends at the Deputy Permanent Secretary.

On Tuesday,  Yarde in a letter to  Teixeira criticized her decision to terminate Fedee and expressed expectation that she will retain her status.

Usurpation

Noting that the termination had been brought to the attention of the union with a request for representation, Yarde accused the Minister of overstepping.

“I consider the letter [of termination] a most outrageous usurpation of the powers of the Public Service Commission and an abuse of authority by you, the author of the letter in your capacity as a Minister of Government,” he declared.

He quoted the first paragraph of the termination letter from Teixeira dated October 12, 2020 to Fedee which stated: “I hereby inform you that your appointment as Permanent Secretary with the Ministry of Indigenous People’s Affairs on September 15th, 2020 is hereby revoked.”

The letter by Teixeira specifically suggests that not only was Fedee no longer Permanent Secretary but that she no longer held any post within the public service.

The letter dated October 12 directs Fedee to proceed on accumulated leave and return any property and records belonging to the government.

“We would like to thank you for your years of service and wish you the best in your future endeavours,” it concluded.

This concluding paragraph is particularly egregious as even if Fedee’s appointment as PS were legally revoked she is still substantively a Deputy Permanent Secretary as appointed by the PSC in its constitutional function.

Asked how government’s actions have made her feel, Fedee said she was disappointed.

The 25-year veteran public servant holds a Degree in Public Management and is currently pursuing a Masters in Public Administration.

She joined the public service in November 1995, rose from the position of Clerk to Personnel Officer to Senior Personnel Officer and then to Deputy Permanent Secretary, after which she succeeded to the position of Permanent Secretary in 2019. Fedee was confirmed in the latter position in 2020 by the Public Service Commission.

Since entering office the PPP/C government has replaced several career public servants who had been duly appointed to the post of Permanent Secretary with persons who are in several cases significantly less qualified than those whom they have replaced.

Yarde in his letter to Teixeira said that Fedee’s appointment as Permanent Secretary is on the Pension-able Establishment of the Guyana Public Service suggesting that it should therefore be governed by Article 201 of the constitution which states that subject to the provisions of this Constitution, the power to make appointments to public offices and to remove and to exercise disciplinary control over persons holding or acting in such offices shall vest in the Public Service Commission.

Despite the provisions of Article 205 the position of Permanent Secretary is listed on the “Inventory of Authorized positions” for which appointment should come through the PSC as well as the list of approved public sector posts in the 2020 budget with a remunerations at the General Salary Scale 14.

“Ms. Fedee’s appointment was not revoked by the Public Service Commission and you were not otherwise empowered to revoke her appointment or contribute to the unceremonious removal from office described in your letter,” Yarde admonished on Tuesday.

He also drew Teixeira’s attention to Article 38G of the Constitution bearing the marginal note “Public Service to be Free from Political Influence.”

Fedee has been replaced by Sharon Hicks who holds a Bachelor’s Degree in Accountancy. According to a release from government Hicks previously held the position of Management Development Officer at the Ministry of Amerindian Affairs, and served as an Auditor as well as an Internal Affairs Investigator at the Guyana Revenue Authority.