Dear Editor,

Who is Stoker? We are a collective of people on St. Maarten and in the diaspora researching historic facts and backgrounds of some of today’s political problems. We realize our revelations may stir up some response and knowing the politicized society, we live in, we must withhold our actual names and will use the pen-name “Stoker”.

It takes a lot of time talking to people, digging through old documents, and searching on-line libraries to reconstruct the actual history behind some present-day problems like this one. However, we feel that what we have uncovered needs to get out. Then you decide what is true!

In part 1 we followed the history of this problem from its origins to the day of the elections on January 9, 2020. This, however, is not the end of the story.

Insiders have revealed that the Silveria Jacobs Cabinet 1 was warned that paying that advance to police officers on election day could seriously backfire. The legislation to alter the salary scales going into effect in the past wasn’t even drafted yet. It was also expected to raise many questions from the Council of Advice. Paying an advance on a law that doesn’t exist is illegal! So, drafting and getting that piece of legislation on the books post-haste was essential to brush off the “illegal” from the act, after the fact. Those many questions from the Council of Advice did indeed come. Up to this day, this piece of legislation has not passed.

We used the word “alter” the salary scales because we find the word “fixing” not fitting anymore, now we know the history of it. The unions after 10-10-10 had gotten exactly what they wanted for their members, so there is nothing broken that needed to be fixed. Mind you, at this point the issue was just about the replacing of the old salary scales of the police department only with new ones retroactively. Then fit the police officers in those new scales and pay them the difference with the salary they already had gotten since 10-10-10. This would boil down to getting one salary increment extra for most. No function book, or new legal position for the Police Department are required for that!

According to our sources the estimated cost that time was about NAf. 4 million. Of which half was already paid on election day with no taxes levied. This is already an enormous complex administrative process. Imagine going 13 years back in time. There are police officers who have left the force since that time, gone on pension, or have died.

Having cashed in his electoral votes, then-Minister of Justice Doran ran from the Justice Ministry to start wreaking havoc in the Ministry of VROMI [Public Housing, Spatial Planning, Environment and Infrastructure – Ed.]. That, however, is another story.

Instead of fixing this one issue with the police salary scales, the new Minister of Justice, Anna Richardson, decided to make it a lot more complicated and a whole lot more expensive. She added new issues to the already problematic mix. She convinced herself and the Council of Ministers, that the function book for the whole Ministry of Justice, and the entire legal position of the police should be mixed into the issue of the police salary scales. Naturally, she feels now they all must go into effect dating back to 10-10-10. However, there is absolutely no need to go back in time for other changes to the legal position of the Police Department either. The same goes for the Function Book of the entire Ministry of Justice.

Putting an upcoming payout before all the entire Ministry of Justice workers is a very expensive, purely political choice. As we learned from Minister Anna Richardson on Friday, July 14, 2023, it will cost the community more than 40 million guilders in back-pay. We wonder how many votes this buys. In the recent past we have seen politicians being convicted for buying votes, using their own money. These politicians do not use their own money, they use ours!

Stoker

Pseudonym used at author’s request.

Dear Editor,

I am still waiting to encounter someone who will prove to me that experience is not the best teacher. So when someone approaches me with a story based on their experience I listen and evaluate whether what was told to me is reasonable or not. Another thing that I pay close attention to is that “Children become what they see, quicker than what you tell them.” If a father is telling his boy children not to wear their caps when they are having dinner and he himself is wearing a hat at the table, I can guarantee that is what they are going to do later in life.

A young man came to me and asked me if he can consult with me on who to vote for when we find out who is going to be on the different political lists. I told him sure. And that is not with the intention to influence him but because he demonstrated maturity. Come election day anything can change, but from what I have been seeing happening on St. Maarten since 10-10-’10, the only person since Mr. Kirindongo who has directly done anything for that amount of people on St. Maarten is our present Minister of Justice.

Whether her intentions were to put everything she was busy with under the spotlight or not, the police union and the Customs were breathing down her neck and even organized actions against the minister in charge of the Justice department. They know where the hold-up was and possibly still is, but nobody dared go over the bank.

Going back to why I am writing this letter; Children born in 2005 were 5 years old in 2010 and will be 18 years old in 2023 and will be able to vote. If one understands the intention of an investment, I hope that whoever the shoe fits will wear it. But for the sake of those who were born in 2005, those politicians should change their attitude and approach completely so that we might be able to rescue those who we put in harm’s way.

But who is actually to blame? Someone told me when I’m writing I should ask the government to put people on their party list who can read and write so that they at least understand what is written in the Constitution. By now all your readers know my point of view concerning the subject of Civics. I would think that at least their leaders would explain to those members of Parliament that Parliamentary immunity is only valid during parliament meetings and not for political campaigns. I can also understand that all of this could have taken place because the leaders were busy recruiting more yes-men.

From 10-10-’10 up until today, there have been at least 5 political elections. During those 5 campaigns we all know what kind of language was widely spread over the whole island and by whom. And how much money was invested into vote-buying. Those who are political leaders and those who campaigned for the various political parties know how those campaigns went in the presence of those 5-year-olds as they grew older every 2 years and in plain sight. Those children born in 2005 and before are at the most 18 years old and younger. When we maintain that children become what they see, are we really not aware of what those children have seen and experienced at least every 2 years as they grew from 5 to 18 years.

Was this negative behavior not demonstrated by the leaders of our country? I believe that we declare that that was an investment. But, boy, what an investment it was. The dividends can be found in the daily police reports, from the school bus drivers and the teachers of the schools in the St. Peters area. Not to talk about those motorbike riders. So I have to ask who is responsible? I have an idea what certain groups of people think about this last question but I maintain that theories do not rear children, people rear children. And contrary to what the Dutchman tries to impose on us, I maintain that if you spare the rod you will spoil the child. The proof is in the pudding.

We were 14 brothers and sisters. My father used to tell my mother not to spare the rod because a disciplined child does not not cause confusion, it is the rude child. He used to tell my mother, “I don't want to have to chop down the tree.”

January is just around the corner, I would appreciate it if the governor would have a meeting with all the political leaders stressing the behavior of the members of their political party with the youth of St. Maarten in mind.

Russell A. Simmons

Dear Editor,

We have all heard the narrative over and over: justice workers have been wronged, and Government needs to pay them what they are owed. We have heard it so many times, most people have accepted this as being necessary. But what if we told you that narrative is wrong, or at least, it is not the whole truth, not by far.

It takes a lot of time talking to people and digging through old documents on several on-line libraries to reconstruct the actual history behind some present-day problems like this one. However, we feel that what we have uncovered needs to get out. Then you decide what is true! Who are we? We are a collective of people on St. Maarten and in the diaspora researching historic facts and backgrounds of some of today’s political problems. We realize our revelations may stir up some response. Knowing the politicized society, we live in, especially in election time, we must withhold our actual names and will use the pen-name: “Stoker”.

Like many things in our young country, the story started at its birth on 10-10-10. However, its roots are much older. For many years the Netherlands Antilles had a so-called Windward Islands Allowance for its workers that were stationed, you guessed it, on the Windward Islands. The reason was simple, the considerable higher cost of living over here. This allowance was introduced in 1972 and was set at 12%. In 1974 it was increased to 16.3% and since that time no research was done anymore to establish the actual difference in the cost of living between Curaçao and St. Maarten. We guess it was getting too expensive. The allowance stays at 16.3% until this very day.

The Island Territory of St. Maarten had established its own salary system in 1969 but hadn’t updated its salary scales regularly. So, over the years they copied the salary scales from Netherlands Antilles and added their 16.3% allowance for its own civil service in St. Maarten.

The only real problem with this system of adding allowances to a salary is the pension. Mind you, the 16.3% is real money and you must pay income tax, AOV, etc. on it as well. However, you don’t pay pension premium (to APS) on it, and so, it doesn’t count in your (APS) pension. It wasn’t until 2008 when the Island Territory of St. Maarten finally updated its own civil service salary policy and included this 16.3% in the salary, which made it count also for the APS-pension. Of course, you also had to pay 25% pension premium on it, of which 8% came out of the civil servants pay. Since this would result in a negative effect on the net salary of civil servants, Government granted an extra salary increment to compensate for that.

As of 10-10-10 the civil servants of the Netherlands Antilles that were stationed on St. Maarten became civil servants of the newly formed Country St. Maarten. The Social Charter regulated that they were to be enrolled in the St. Maarten salary system the same way the previous civil servants of the Island Territory of St. Maarten were in January 2008. Exceptions were made for those entities that had their own legal position regulated by law, such as the Police Department and the Coast Guard on their insistence. This incorporation in the St. Maarten system was done for all other so-called Justice workers. Yes, it was done for Customs, the prison, the Financial Intelligence Unit, and the part of Immigration that was not incorporated in the Police Department. It was also suggested to do so for the police, then and again in 2014.

So why were the police not included? They refused! Their unions, yes, the very same unions now advocating the opposite, were against this. Their main argument was that they wanted to keep the possibility for police people of the Leeward Islands to come and (temporarily) work here where they then would get that allowance. So, it was they themselves that wanted to stay with their old Netherlands Antilles salary system including their Windward Island Allowance. In their mind they were (and maybe still are) more closely related to the Police Department in Curaçao than to the rest of the civil service of St. Maarten. Our first Minister of Justice, Duncan, didn’t push this issue through against the will of those scary Curaçao-based unions. The NAPB for instance, still has its seat located in Willemstad, Curaçao, instead of Philipsburg, St. Maarten.

In short, the problem of the salary scales didn’t concern all Justice workers, just the Police and National Detectives. The latter group was, until 10-10-10, an integral part of the police force KPNA. Since everybody got what they wanted, the real question is, why did it become an issue in the first place? Slowly but surely more people in the police force started to realize this stance was not in their best interest (mainly the pension). And then, … politics got involved.

In the last days of the Leona Marlin Government, then-Minister of Finance Geerlings briefly also became Minister of Justice. He figured that if he promised to “fix” the salary scales and do it retroactively to 10-10-10, this would result in a nice pay-out to many of the police officers. This in turn would benefit him in the then upcoming elections of January 2020. However, he didn’t benefit, he was outmaneuvered by Minister Doran who succeeded him in November 2019 as Minister of Justice. Doran promised the police officers to pay an advance on the projected back-pay and, wait for it, paid it on the morning of election day 2020! Thus, taking the practice of vote-buying to a new level and became the biggest vote-getter. It worked.

Stay tuned for part 2!

Stoker

Dear Editor,

Improving the Small Claims Court is good. Many people have made use of the Small Claims Court. But the lawyers, bailiff and plaintiff are still complaining verdicts are not delivered. Why?

The St. Maarten government should join CARICOM long time and get advice from CARICOM how to better run this island.

It seems like St. Maarten needs two justice ministers every term, because so long the people are crying out about so many injustices on this Island. So many laws are needed; the governor, Ombudsman, judges, parliamentarians, government, lawyers, police detectives, the politicians and all justice workers – all hands on deck to fix the justice system.

It should be possible for court verdicts and other court documents to be in English. Bailiffs need more locations they can deliver a verdict to anyone. Put three to five special police to work with the bailiff and the court.

Justice Minister, make it much easier to get a yellow card. Six weeks is too short for an appeal case – not enough time to put documents together and seek a yellow card if needed.

Have a special place people can collect money owed to them. Why did I never meet with Richardson’s lawyer in court?

Cuthbert Bannis