A decision by prison boss Lieutenant Colonel John Nurse to suspend one of his officers for talking to the Press has been deemed an unwarranted act by the constitutionally-established agency responsible for discipline and appointments of the security forces.
As a result, the entity – the Protective Services Commission (PSC) – has overturned the suspension of prison officer Adrian King.
In a letter dated August 26, 2020, a copy of which has been obtained by Barbados TODAY, Acting Superintendent of Prisons DeCarlo Payne informed King that his duties resume on August 21, 2020.
When contacted this afternoon, Payne explained that the letter was dated August 26 to let the prison officer know he could return to work five days prior.
“We were trying to reach him between that window you see there. We got hold of him around the 25th, which was the Tuesday and I interviewed him on the 26th…and I actually gave an instruction that he would have to report for duty in his uniform. But we were trying to reach him from around the 20th. But in fact, he should have been back to work on the 21st. That is the reason why the letter would have been dated the 26th telling that his duties would resume from the 21st,” explained the acting prison head who is sitting in for Nurse who is on vacation.
King, who returned to active duty last Thursday, 47 days after his suspension, has been assured by the acting superintendent that he will receive full pay from August 21.
However, Barbados TODAY understands that whether that full pay will be backdated to June 3, 2020 when he was suspended and placed on half pay, is yet to be determined.
The letter which the acting prison boss wrote to the prison officer read in part: “The Protective Services Commission has advised that your suspension under paragraph 4 (2) of the Code of Discipline set out in the Third Schedule to the Public Service Act Cap. 29, is unwarranted. Your suspension from the performance of your duties as prison officer ll has been rescinded. In this regard, your duties resumed with effect from August 21, 2020.”
King had been suspended by Nurse after speaking out days before in a story published by Barbados TODAY over a pay cut and injuries he claimed were sustained while on the job.
Nurse’s June 3 correspondence informed him that his suspension took effect the following day.
It stated: “Pending the outcome of an investigation into the matter as outlined in a newspaper article that appeared in the online publication of Barbados TODAY dated May 29, 2020, I hereby suspend you from the performance of your duties from June 4, 2020.”
The document told King that his suspension was in accordance with paragraph 4 (2) of the Code of Discipline set out in the Third Schedule of the Public Service Act Cap 29 for breaching section 143 (1) and (2) of the Prison Rules Subsidiary Legislation Cap 168.
It read in part: “A prison officer shall not directly or indirectly make any unauthorized communication to the representative of the Press or other persons in reference to matters which have become known to him in the course of his duty.
“A prison officer shall not, without authority from the Minister, publish any matters or make any public pronouncements relating to the administration or the inmates of any prison,” added 143 (2).
The article quoted an unnamed prison officer saying that he could no longer suffer in silence, while claiming that prison authorities were being insensitive to the lingering effects of three major injuries he sustained on the job.
He also alleged that the final straw came to light just days before he went public when he went to the bank to check on his May salary and realized it had been cut in half while he remained on sick leave. This was done without warning, he said.
The prison officer admitted to being on and off sick leave regularly ever since 2004 when he first sustained a serious injury to his shoulder while trying to subdue an inmate. He also reportedly fell into a hole on patrol in St Lucy in 2007 and hurt his back while lifting crates on a truck on the prison farm in 2015.
He had charged that the prison administration had not shown any empathy regarding his pain and suffering but had instead accused him of malingering.
Then Minister of Home Affairs Edmund Hinkson had told Barbados TODAY that most of the claims made by the officer had nothing to do with the prison but were the purview of the Personnel Administration Division.
While Industrial Relations Advisor to the Prison Officers’ Association of Barbados (POAB) Senator Caswell Franklyn welcomes the rescinding of King’s suspension, he claims that certain prison officers who breach the prison rules appear to be “getting away with murder”.
Senator Franklyn identified the case of female prison officer Shannell Ellis-Vaughn as one example.
He referred to a memorandum dated July 3, 2018, signed by Superintendent Nurse and addressed to the Chief Personnel Officer regarding Ellis-Vaughn’s marriage to an ex-inmate, contrary to the rules.
Franklyn is concerned that in this case, the Prison authorities withdrew disciplinary charges against the female warder and that she still remains on the job.
The memo from Nurse dated July 3, 2018 said in part: “Mrs Shannell Ellis-Vaughn’s involvement with ex-prisoner Adrian Vaughn was made known to the Barbados Prison Service sometime in 2009. From that time until now, she has remained at work and continued duties.”
“It should be noted that in the circumstance, because it has taken so long to be resolved, it has created conditions where other members of staff have similarly engaged in misconduct, apparently without fear of repercussions,” the letter continued.
“At a recent interview between management and Mrs Vaughn-Ellis, she indicated she is considering migrating and this unresolved matter is impacting on her ability to move forward,” it stated.
“Due to the length of time it has taken for this matter to be resolved, Barbados Prison Service is no longer interested in pursuing the matter. The Barbados Prison Service awaits further direction in this matter,” the memo concluded.
When asked to comment on these issues, Acting Superintendent Payne told Barbados TODAY when he was in charge of administration he addressed all matters that came to him.
“I know of issues where officers got caught up with inmates and all of those issues that came to my attention were addressed. I can’t speak to other issues that might not have been addressed because I am not familiar with those issues, but all the issues that came, or come to my attention as it relates to staff breaching the rules and regulations in prison, I am one of those people who enforces them. I can tell you that beyond a shadow of a doubt,” he declared.
Regarding the issue with Ellis-Vaughn, Payne, who is now in charge of custody matters, said he had nothing to do with that female officer’s case, but he is aware of it.
He also responded to Senator Franklyn’s claim that nothing was being done about a certain prison officer who is moonlighting at a strip club operated by a former inmate.
“I am not aware of that, but what I can tell you is that if that comes to my attention at any point in time that we have staff working in that kind of situation, I would look into it, that much I can tell you. And if it is proven to be true, you will know because you will see the outcome. I do not mix matters when it comes to the job,” the acting prison boss added.
(emmanueljoseph@barbadostoday.bb)
