PHILIPSBURG--The commission established by the Executive Council last year to determine whether disciplinary measures against Environmental Development and Property Management ROB Department Director Joseph Dollison and adjunct Director Claudius Buncamper were warranted as a result of the Government Accountants Bureau SOAB report findings on the issuance of building permits, has found no credible grounds for such measures and has advised the council accordingly.
The commission's advice was discussed by the Executive Council recently and, according to sources, Commissioner Theo Heyliger was the sole member willing to follow the commission's advice.
Commissioners William Marlin, Xavier Blackman and Hyacinth Richardson reportedly still wanted to pursue some sort of disciplinary measure. Commissioner Frans Richardson was not present at the meeting.
Reached on Sunday evening, Marlin said the issue would require much more explanation than he could provide at the moment, as he was still off-island. He said that to avoid "misquotes," he would rather address the issue on his return. Heyliger is also off-island and could not be reached for comment.
Heyliger reportedly believes that suspension or dismissal cannot be options now that the commission entrusted with the job by the Executive Council could not find any evidence warranting such measures, and that such a move would not only trigger legal action against Government, but would be tainted by an aura of vindictiveness.
The commission informed the Executive Council that language in SOAB's final report betrayed its recommendation to remove Dollison and Buncamper from their current positions to ensure proper functioning of the department. SOAB stated in its report that the accuracy of its findings could not be verified.
This, according to the commission, undermines the SOAB report, and if the Executive Council decided to suspend Dollison and Buncamper or initiate dismissal procedures, it would be doing so based on an inconclusive report. This assertion is precisely the same as Buncamper's response to the Executive Council on SOAB's draft report.
Additionally, the commission advised the Executive Council to ensure that SOAB based its report on information that could be verified by facts, when given such assignments in the future.
The commission indicated that Buncamper and Dollison should be given the opportunity to execute an improvement plan as outlined by SOAB. If they should fail to do so, the council could re-visit the issue of their performance at the ROB Department.
Responding to SOAB's draft report last year, Dollison said the use of words like "probable" and "expect" and statements like "we could not determine" rendered the report completely absurd and the charges against personnel undeserved. He said it was unthinkable that the Executive Council would identify any punishable acts based on a "hearsay" report.
Buncamper stated at the time that the concept report was suggestive, filled with non-factual statements, lacked understanding of the functioning of ROB and the Spatial Planning and Environment VROM department, misinterpreted a number of procedures, and was based on hearsay from the convicted former head of VROM.
Dollison and Buncamper are awaiting the Executive Council's decision. Both men's legal representatives have said that, should the Executive Council attempt to punish their clients, they will take the fight to a court of law.
The Executive Council is expected to re-visit the advice of the commission when it re-convenes.
