PHILIPSBURG--The Raad van Beroep in Ambtenarenzaken (St. Maarten Council of Appeals for Civil Service) ruled in favour of Louis Brown. The former Secretary-General (SG) of the Ministry of Housing, Spatial Planning, Environment and Infrastructure VROMI was unfairly dismissed, the council concluded on Wednesday.
Brown was dismissed by the Governor of St. Maarten by National Decree of June 28, 2021, at the request of VROMI Minister Egbert Doran. On Wednesday, the Civil Service Appeals Board upheld Brown’s objection to this national decree and overturned the national decree.
Brown had been fired by way of disciplinary punishment, and in the alternative for breach of trust; Doran had indicated that he had no confidence in the SG. However, a breach of trust has no basis in the Landsverordening Materieel Ambtenarenrecht (National Ordinance Substantive Civil Service Law) as a ground for dismissal.
Brown was fired for “gross dereliction of duty.” According to the governor, on May 5, 2020, Brown attempted to bind the country of St. Maarten to a settlement agreement with Alegria Real Estate NV, which had requested the issuance of a water plot in Burgeaux Bay, known as the Alegria case, without the permission of Minister Doran.
The country also charged that Brown, in the position of acting head of Dienst Domeinbeheer (Domain Management), “abused his authority, powers, capacities, by converting a negative draft policy advice from the Domain Management policy advisor into a positive advice.”
According to the governor, Brown’s involvement in decision-making had “major consequences for the country.” His actions also resulted in “irreparable damage to the requisite trust and integrity in the office of the SG,” said attorney Zylena Bary on behalf of the Governor of St. Maarten.
According to the Raad van Beroep in Ambtenarenzaken, the governor made a plausible case that Brown was guilty of dereliction of duty and the governor was therefore authorised to impose a disciplinary penalty. However, the council finds that the disciplinary penalty of unconditional discharge is disproportionate to the nature and seriousness of Brown’s dereliction of duty.
As acknowledged by the governor, Brown served as SG to full satisfaction for nearly 11 years until his resignation. According to the council, Brown has consistently stated about the course of events surrounding the settlement agreement with Alegria.
Brown has always argued that it is not true that permission from Minister Doran for the issuance of the water plot to Alegria was missing. In doing so, he referred to the findings of the investigative report on the Alegria case. It mentions an almost 14-minute telephone conversation on May 4, 2020, between Doran and Brown, a conversation that took place after his email message of May 1, 2020, about the Alegria case and their WhatsApp correspondence about it on May 1, 2 and 4, 2020.
On May 1, Brown texted Minister Doran: “Good day minister. Just sent an email for your urgent attention. I am in agreement, but just want to make sure you agree as well. It pertains to a court case with Alegria for long lease land. A settlement proposal has been made.” Doran responded that he would check the email.
On May 4, the minister wrote; “I’m busy about it again. I am still busy discussing it internally and then plan on getting back to you today.”
The Council is convinced that the subsequent 14-minute telephone conversation between Doran and Brown concerned Alegria and that it cannot be ruled out that Doran gave Brown permission to enter into the settlement agreement between the parties. However, there was no evidence of explicit consent.
By failing to obtain explicit, written permission from the minister, Brown, as the highest official of VROMI, failed to do something that a good civil servant should do in similar circumstances. There is therefore a dereliction of duty, in the council’s opinion.
Brown argued that, as acting head of Domain Management, he was authorised to change the policy advisor’s negative advice to a positive advice on the lease of the water parcel. The board recognises this authority and argues that Brown did not abuse his position.
The conclusion is that Brown’s appeal succeeds. His objection to the dismissal decision has been upheld. The governor has been ordered to pay Brown’s legal costs up to an amount of NAf. 2,800.
