Senior Superintendent of Police Calvin Brutus, who is acting as Assistant Com-missioner (Administration), is maintaining that the recent election he held for the Guyana Police Association (GPA) was legitimate and that another staged by the then incumbent was not in compliance with the rules.
On May 11th, 2021, the GPA election was held at the Police Officers Train-ing Centre, Eve Leary and Inspector Prem Narine emerged as the chairman. Other members were also selected to fill the other positions. Inspector Kuldip was named the Vice Chairman.
Prior to this election, the substantive chairman of the association was Inspector Roseann Forde. She was elected at the last election, which was held in March, 2019.
Over the past two weeks, controversy has erupted over the elections with concerns being raised that they were held eight months before constitutionally required. It has been argued that the elections are to be held every three years.
In an exclusive interview with Stabroek News yesterday, Brutus said that the association’s election is required to be held annually.
However, none was held in March, 2020 and Forde continued to serve as the chairman, which Brutus described as “deliberate”.
“Information was received that the Police Association, headed by Inspector Forde, had expired in March of 2020. This was not bought to the attention of administration or if it was, for those who were there before, they did nothing and she continued in office without the election. It was deliberate,” Brutus said.
However, the Caribbean Federation of Police Welfare Associations (CFPWA) has since said it refuses to recognise the slate elected under the elections overseen by Brutus, stating that they were illegitimately elected.
Addressing the controversy, the CFPWA in a recent statement said that the “legitimately elected” executives were removed from office breaching the rules of the association.
“It is our view that this level of skullduggery and high-handed behaviour by the administrators of the Police Service is designed to the detriment of the legitimately elected body led by Inspector Rosanne Forde,” CFPWA said.
According to the CFPWA, the elections of the association must be “free, fair and transparent”, in keeping with the prescribed rules.
The CFPWA therefore called on the PSC, Minister of Home Affairs, Robeson Benn and Attorney General, Anil Nandlall to intervene and solve the issue.
“…..The Caribbean Federation of Police Welfare Association refuses to acknowledge the illegal and illegitimate association derived from such elections. This improper conduct by the administrators of the force must be immediately addressed,” the statement noted.
Among its responsibilities, the GPA is the body which is responsible for representing the Guyana Police Force (GPF) on matters such as salary increase and benefits of ranks and also represents officers who hold the rank from Constable to Chief Inspector.
The association also plays an important role in the appointment of members of the Police Service Commission (PSC), which is responsible for the promotion and disciplining of officers.
‘One-year term’
According to Brutus, the current slate of office bearers for the Police Association came into being on the 6th of March, 2019.
“The Police Association was birthed under Section 43 of Chapter 16.01 of the Police Act. Section 44 speaks to the regulation which governs the operations and regulates the Police Association and in that section it says that the Commissioner, with the approval of the Minister shall make standing orders and regulations to govern the operations of the Police Association,” Brutus explained.
Pursuant to that section, he said there is Standing Order 35, which details the rules under which the election should be held.
“…The police Standing Order 35, sub-section 1 says that ‘elections for executive members for the Police Association shall be held annually in the month of September’. That means it is a one- year term,” Brutus noted.
As acting head of the force administration, Brutus said after the situation was bought to his attention, he immediately wrote Commissioner of Police (ag) Nigel Hoppie, seeking his advice on the way forward.
Brutus said a date for the election to be held was later provided and published in the force orders.
The force orders, according to Brutus, is a legal mechanism within an organisation that governs certain procedures that deal with elections. “It’s for internal communication purposes and of course that is there for any query or any matter that will arise thereafter. It is a form of record and it can be taken to court. It can be used for many reasons,” he noted.
Brutus denied claims that Forde was not informed of the elections.
He said the election date was publicised in the force orders, which are usually distributed to every rank within the force. “…He (Hoppie) did that by publication of the date in the force orders, which is distributed to everybody in the force….From the Commissioner to the last joined apprentice receives a copy of the force orders,” Brutus said.
“Illegal”
Hours late after the election was held on May 10th, Brutus said Forde called a separate election and she returned herself as the chairman.
“Her (Forde) election was a sham to retain the position,” Brutus said, while adding “I did not hold two elections. She (Forde) held a second election on her own”. Forde could not be contacted by this newspaper for comment.
Brutus said that the election, which he oversaw, was held at 10 am on May 10th, in keeping with the force’s standing orders.
“My procedure that I followed, I followed the standing order…every step of the standing order. I had no part to play in relation to the candidates that were submitted by the Com-manders in writing and they are still there, signed by the commanders….and heads of departments that they submitted. My only interaction with that election was the date to be there present, to perform my function,” he explained.
As it relates to Forde’s election, he said it was held 1.30 pm the same day in breach of the standing orders.
“They run around headquarters and find persons and put into a room. They did not follow the standing order to have the elections fairly done in a diplomatic process in the divisions and departments and submit the winner, who become candidates now for executive,” Brutus said.
Brutus described the GPA election as a two-tier system.
“…It is not like how you have national elections where you have one big vote and that’s it. Its two-tier. The departments and divisions hold elections within those particular jurisdictions and the standing orders detail how it must be done, by secret ballots and the ranks are required to write the name of the person that they choose to represent them and insert it into the ballot, which should remain padlocked and it details the manner in which that box will be open by the commander in the presence of who,” he explained.
He further noted that those who claimed that the election should be held every three years “developed” the rules on their own and it is “in conflict of the law”.
“…They developed the rules on their own and the rules are in conflict with the law. If you are developing rules and that is an agreement on the association members, after consulting with the people that they represent meaning majority of the force from Inspector to Constable, that proposal should have been submitted to the commissioner and once he agrees with it, he has to consult with the minister and then there is a mechanism. It got to be published in the force order, it got to be written and sign off, that it becomes legislation,” Brutus further explained.
In this case, Brutus said that was never done.
“In essence, the rules that they have to guide them, it’s illegal. And if you read the rules, the rules cannot detail elections and appoint the chairman of the Police Association to run an election and re-elect themselves which is in conflict with Standing Order 35……So the rules are not law and cannot be considered law until it goes through the legal mechanism which makes it into a law,” Brutus stated.
Presently, Brutus said Inspector Narine is recognised as the Chairman of the GPA.
“…The election that I held, Commissioner by way of a letter that was circulated has recognized that Mr Prem Narine and the association with the election that I held is the legal one to be regarded to carry out the functions of the association in representing members of the force,” he said.
