Blocked!

The Government has denied two requests to disclose the reason a criterion for law enforcement experience was dropped from a second recruitment exercise to select the head of the Financial Investigations Division (FID) and who gave the directive.

The Attorney General’s Chambers, the principal legal adviser to the Government, also refused to disclose minutes, memos, or other records from any internal discussions about the change in the requirements for the post of chief technical director (CTD) at the FID.

It said “other official documents that were identified as relating to the request are exempt” under two sections of the Access to Information (ATI) law.

The Office of the Services Commissions (OSC) first advertised the post last November, indicating that candidates must have 12 years’ experience in law enforcement, five of them at a senior level.

This was in keeping with a practice that spans more than two decades.

But when none of the shortlisted candidates were selected, it triggered a second recruitment exercise with a new advertisement.

The 12 years’ law enforcement experience was removed from the requirements listed in the second advertisement, which was published in The Gleaner in January this year.

12 years related experience

Instead, it indicated, under the heading ‘Minimum Required Qualification and Experience’, that candidates should have “12 years related experience at the managerial level, five of which should be at a senior management level”.

The contrast between the two advertisements comes amid the controversial appointment of chartered accountant Dennis Chung to head the FID.

Chung is employed on a two-year deal that will pay him $13.9 million annually, according to his contract, which was disclosed by the Attorney General’s Chambers in response to an ATI request.

It said renewal is “not automatic and will be subject to the satisfactory completion” of his service.

The Sunday Gleaner first submitted questions to the OSC on May 29, enquiring why the requirement for 12 years’ law enforcement experience was removed from the second advertisement and who gave the directive.

The following day, the OSC, which is the secretariat for the commissions that hire certain public servants, acknowledged receipt of the “request for answers”, but said it would be “processed as an Access to Information request”, referring to the law that allows citizens to get official Government documents.

Noting that her office represents the OSC, Solicitor General Marlene Aldred acknowledged, in an emailed response last Friday, that the OSC identified official documents related to the enquiries by The Sunday Gleaner.

She disclosed copies of two documents, one of them labelled “master score sheet” and dated March 12, 2025, apparently showing the scores for each of the candidates who were shortlisted from the second recruitment exercise.

The top two candidates scored 87.6 per cent and 74.5 per cent. The others scored 72.4 per cent and 59.5 per cent.

Both documents were redacted in accordance with section 11 of the ATI law, “as they contain exempt matters that fall under Section 22 of the Act”, the solicitor general explained.

The other document included an exchange of emails, which showed that retired Deputy Commissioner of Police Fitz Bailey was selected to head the FID.

Bailey was informed of his selection on January 15 this year via email from an official at the OSC and asked to indicate whether he would accept the offer and, if so, when he could commence duties, the document shows.

Six days later, Bailey, who was the acting police commissioner in the Turks and Caicos Islands at the time, turned down the offer.

The solicitor general confirmed that other official documents were identified as related to the request submitted by The Sunday Gleaner, but said they are exempt from disclosure under sections 17(b) (i) and 22 of the ATI law, “and will therefore not be disclosed”.

Section 17 (b) (i) of the act stipulates that an official document is exempt if the disclosure would “constitute an actionable breach of confidence”.

Section 22 stipulates that “subject to the provisions of this section, a public authority shall not grant access to an official document if it would involve the unreasonable disclosure of information relating to the personal affairs of any persons, whether living or dead”.

“Tell me how you came to change [the requirements in the second advertisement]? Were you asked to change and, if so, by whom? That’s a public entity, where’s the personal affairs in that?” one legal expert told The Sunday Gleaner, in response to Aldred’s assertion.

The Sunday Gleaner also submitted an ATI request on June 3 requesting official correspondence, directives and/or records of communication related to the decision to remove the law enforcement requirement from the second advertisement.

Job description and contract

It also requested the name of the individual or office that authorised or recommended the change; minutes, memos or other records of discussion where the change was discussed, the current job description for the post; his contract; and any assessment or evaluation reports generated as part of the selection process.

Aldred, in her response last Friday, disclosed two documents with heavy redactions – Chung’s three-page contract of employment and the master score sheet dated March 12 this year – before, again invoking the sections of the ATI law she claimed forbid disclosure of documents related to the request.

“The other official documents that were identified as relating to the request are exempt under sections 17 (b) (i) and 22 of the Act and will therefore not be disclosed,” she said.

The job description was among the things that were not disclosed, though the email from Aldred indicated that it was attached to the contract.

The appointment of Chung to head the FID has faced strong resistance from the parliamentary opposition and civil society groups.

They charge that the noted chartered accountant is conflicted because of public comments he made about a report by the Integrity Commission following an investigation into the finances of Prime Minister Dr Andrew Holness.

A statement released by Minister of Finance and the Public Service Fayval Williams, on May 30, did not address the change in the law enforcement requirement, but insisted that the selection process was “transparent”.

Williams bristled at claims that the Government inserted itself into the FID selection process by overturning the recommendation of the OSC.

livern.barrett@gleanerjm.com jovan.johnson@gleanerjm.com

Sunday Gleaner ATI Request of June 3

Requesting all documentation related to the recruitment/selection of the Chief Technical Director (CTD) for the Financial Investigations Division (FID).

- Official correspondence, directives, or records of communication regarding the decision to remove the requirement for 12 years’ law enforcement experience, including 5 at a senior level, from the January 2025 advertisement. – DENIED

-The individual(s) or office(s) responsible for authorising or recommending the change in the stated qualifications between the advertisement of November 2024 and the January 2025 advertisement. – DENIED

-Minutes, memos, or decision records from meetings of any internal committees, panels, or personnel boards discussing: the change in the advertised qualifications; the shortliisting and selection criteria; the final recommendation and appointment instrument of Mr. Dennis Chung. – DENIED

-The current job description for the post of Chief Technical Director of the FID, as well as the job description for the three previous office holders. – DENIED

-A list of applicants for the position (names can be redacted for privacy if necessary), including their backgrounds and how they met or did not meet the original or revised requirements. – DENIED

-Any assessment or evaluation reports generated as part of the selection process that formed the basis of the final appointment. – MOSTLY DENIED (Scoresheet from presentation and interview - March 12, 2025, with names redacted, released)

-Any communications or representations received from the Ministry of Finance and the Public Service concerning the selection of the Chief Technical Director. – DENIED

-A copy of the signed contract of employment for Mr Dennis Chung. – GRANTED

Questions emailed to the Office of the Services Commissions on May 29

The OSC treated them as ATI requests.

-Kindly disclose the reason(s) why the requirement for law enforcement experience was removed from the second advertisement? – DENIED

-Kindly disclose who gave the instruction for the law enforcement requirement to be removed from the second advertisement? – DENIED

-Kindly disclose how many candidates were shortlisted after the first advertisement? – DENIED

-Kindly disclose why none of those shortlisted candidates were selected? – DENIED

-Kindly disclose how many candidates were shortlisted after the second advertisement? – DENIED

The Attorney General’s Chambers acted for the OSC in both instances.