By Lynford Simpson, Staff Reporter
THE ATTORNEY-general's Department has recommended the salary packages for Robert Gregory, executive director of HEART/NTA, and three of his deputies be "renegotiated".
The recommendation followed a review of the contracts entered into by Mr. Gregory, his deputies and the HEART/NTA. Mr. Gregory's $7.5 million salary package and the $5.4 million package for Donald Foster, national programmes director at the HEART/NTA are among the highest for public sector executives.
The salaries, which were revealed in October 1999 by Audley Shaw, chairman of parliament's Public Accounts Committee (PAC), sparked much public debate and was the subject of a probe by Auditor-General Adrian Strachan.
In a document dated March 19, which was presented to the PAC yesterday, Hugh Salmon, Director of State Proceedings in the Attorney-General's office singled out Mr. Gregory.
He cited what he said was a "clear breach of duty of care in my opinion" regarding Mr. Gregory's contract. As such he advised the contract terms were not in keeping with the directives of the Ministry of Education and should be renegotiated.
"It is also my opinion that negotiations be entered into whereby emoluments paid in excess of the Government's wage guidelines can be recovered," Mr. Salmon said.
The director of state proceedings said the same should apply for the other directors whose contract terms and levels of remuneration are outside Government guidelines. "It is my opinion further that the action of the board in approving these contracts was ultra vires ... and should not be allowed to stand," he said.
The Attorney-General's office was asked to make a judgement on the HEART/NTA matter in the wake of the so-called public sector salary scandal involving senior public servants. The department was specifically asked to look at whether the contract terms which were not in keeping with the directives from the Ministry responsible for the Public Service could be rescinded.
Submitted to the Attorney-General for review were: A copy of a contract of employment dated January 1,1999 between HEART/NTA and Mr. Gregory; copies of letters dated May 2,000 indicating renewal of contract of Enos Brown and Christine Dickson-Edwards and signed by Gregory; and copy of letter dated September 7, 1999 indicating renewal of contract of Donald Foster, also signed by the executive director.
The Attorney-General was also guided by sections of the Walker Report which addressed the salaries and fringe benefits relating to the executive director, the senior director and the national programmes director.
Mr. Salmon in his report said that from the correspondence submitted to the Attorney-General's office "there is no indication that the approval of the relevant Minister (Burchell Whiteman) was sought and or received by the (HEART/NTA) Board".
"Further there is no indication that the existence of a directive from the Ministry of Finance and Planning sent to all public enterprises and statutory bodies in a circular dated 17th April, 1988 was ever acknowledged."
He noted, in addition, there was no indication that the 1994 Cabinet decision which advised the practice of boards approving contracts for staff without appropriate clearance from the responsible Ministry, the Ministry of Public Service and the Attorney-General should be discontinued was ever received or implemented.
According to Mr. Salmon, that raised the question as to whether the contracts were legally binding in light of the absence of the requisite approval.
