Another day, Another Con!      

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As well as being the Chairman of the JDA, Trevor Pitman is also a highly respected professional youth worker (or informal educator if you want to be 100% accurate!) employed by the States of Jersey’s Education, Sport & Culture Department.

Having decided out of a deep concern at the political direction the island was taking under the present Council of Ministers to stand for election this autumn,  Trevor was shocked to find that on close inspection new guidelines, claimed as making it much easier for States employees to do just that, were being implemented in a way that did anything but.  In fact, according to Trevor the reality is that the new legislation is little more than a complete sham; actually making this all but impossible for most. He is also questioning whether the manner in which the new rules are being implemented is even Human Rights/Employment Law compliant.

The Chairman told us: “We keep hearing the endless spin from Chief Minister Walker and his highly costly Communications Unit about openness, transparency and equality. Yet once again, examination of this latest legislation and the way it is now being applied shows that this is blatantly misleading. Effectively another complete con in fact, that in my opinion makes it impossible for any but the most financially affluent employee – certainly a non-starter for any ordinary working person with a mortgage and/or family unless one is prepared to go into significant debt.”

“The way in which this has been contrived means that any States employee wishing to stand must go on enforced unpaid leave from the day of nomination and can have no income throughout the whole election”, explains Trevor. “In this day and age – the 21st Century let us not forget –all of us are entitled to annual leave earned from the job that we do. Yet in this instance any States employee wishing to stand for election is, quite incredibly, now being prevented from using this leave entitlement! The excuse for this is that an employee cannot be ‘on the public payroll’ while campaigning. This is in itself a complete farce because while States Members are bizarrely classed as being ‘self-employed’ the reality is that they are effectively paid from the States coffers just as we are.”

To put the unfairness of the legislation into stark perspective the Chairman highlighted how, as an example, Education, Sport & Culture Minister, Senator Mike Vibert would be able to stand for re-election as a Senator whilst drawing his States salary to help fund his campaign. Yet he as a professional employed by the Minister’s department would have to stand (should he choose to do so, of course) on the same platform whilst prevented from drawing any income whatsoever for the entire duration of the election. “Is this situation fair or transparent?” the Chairman asks. “What an employee chooses to do with their well-earned annual leave is surely for them to decide – whether they wish to lay on a beach in the Mediterranean, paint the house or whatever. Standing for election should be no different.”

Pointing out that the elections of 2002/2005 had seen some multi-millionaire candidates spending in the region of £30-£40.000 on their campaigns, Trevor added that he felt this was: “effectively yet another move to try and ensure that as far as possible only the rich can get elected. On the one hand the public are asked to believe that PPC are meant to be making moves to create a more level election playing field. On the other we are then confronted with this.”

With regard to his own experience thus far initial agreement from Staff Services to allow staff to use annual leave had suddenly being retracted following direction from above according to Trevor. “I am now informed that employees can neither use annual leave or even T.O.I.L. And this stance on T.O.I.L. is particularly concerning because for employees that do not get paid overtime – such as professional youth workers like myself for example – this is effectively money that would already be “owed” to staff. I feel this stance is highly unethical to say the least.”

Professional youth workers, Trevor explained, like many employed in what might be termed care or ‘people’ industries regularly worked far beyond their contracted hours. Yet under this legislation not only would such employees be denied payment for any extra work hours they accrued, they would now also be denied taking the T.O.I.L. to simply help limit the severe impact on their income whilst standing for election. “Incredibly it doesn’t even end there.  I think that is what you have to call a lose-lose situation.”

Trevor added that he had taken the trouble to write a letter outlining his concerns back during the ‘consultation’ period when the possible legislation was first mooted, adding that he had received neither a reply nor even an acknowledgement. Having initially secured the help of Senator Ben Shenton questions had already been asked of Human Resources, though with wholly unsatisfactory answers. Deputy Roy le Herissier had now subsequently also raised the issue in the States on his behalf. Once again the answers given – this time by the Chief Minister himself – had been wholly lacking in substance.

The Chairman told us, “Knowing of at least two other States employees wishing, and being very capable of standing for election, I took this up not as a JDA matter but as an ordinary employee or member of the public. Apart from Deputy Ian Gorst who I went on BBC Radio to debate the issue with the answers and responses we have been given have, in all honesty, been almost insulting in their arrogance and dismissive nature. Having said that even Deputy Gorst could do no better than concede just about every point I raised on behalf of employees, yet offer no more than a promise to ‘look at the matter after the election.”

“I think those behind this absolute con are banking on the fact that most employees won’t feel able to rock the boat too much and will simply decide not to stand,” Trevor added. “Fortunately, I’m made of sterner stuff. There are a great many people out there employed by the States in various roles who could do an excellent job for the people of Jersey. Indeed, I am immodest enough to believe that I am one of them. With the understandable exception of policy makers, the bottom line is that offering yourself up for election to serve your island should be open to all. As a consequence of all of this the next stage is that on behalf of a number of other States employees I will now be exploring the legality of what the States are doing.”

“This matter won’t be going away any time soon – no matter how much certain individuals might like it to,” the Chairman told us. “After all, in 2008 government should certainly not be helping to ensure that standing for election remains predominantly an avenue open to those with significant wealth alone. But that is what this legislation will do – given the appalling record of both the Council of Ministers and PPC a cynic might add that this was quite probably the real point all along.”

*If you are a States employee who wishes to put yourself forward for election and are concerned by the new legislation please feel free to call the 24/7 party number to discus it.