Roorda against Government Sint Maarten

May 16, 2011 7:57 AM

PHILIPSBURG--Bas Roorda and the St. Maarten government crossed swords in Court on Friday for the second time this week. This time Roorda was seeking reinstatement as head of the Finance Department.

Roorda's attorney Maarten Le Poole filed a petition with the Court on Monday for the hearing of five witnesses in the court case on the merits concerning his client's dismissal for violation of the pledge of secrecy.

Among the witnesses he wants to be heard are Justice Minister Roland Duncan, Finance Minister Hiro Shigemoto, Council of Ministers Secretary Cassandra Jansen and Ministry of Finance Acting Secretary-General Sherry Hazel. Except for Duncan, all of these persons were present during Friday's injunction.

Contrary to Roorda's desire to finish his "mission" in creating a "solid and transparent structure of government finances," both Minister Shigemoto and Secretary-General Hazel made it crystal clear that, according to them, government's relation with the former head of finance was beyond repair. "We have lost all trust and confidence in Roorda," Shigemoto said.

Roorda was fired on March 31 immediately after he reported to the Federal Detectives alleged systematic misappropriation of pocket money for Tourist Office business trips.

In his letter of dismissal, which Roorda claimed was invalid because it was not signed by the Governor as required, it was stated that Roorda had shared information with a third party without the preceding permission of his superior [Hazel, ed.] or the minister.

According to Roorda, such permission was not required because it was every civil servant's duty to report crimes. He considered the grounds for his dismissal "implausible, unlikely and unreasonable."

Minister Shigemoto said the Council of Minister had never tried to keep Roorda from reporting crimes. He said the council had only wanted to investigate and address the matter internally before going to the police.

"Roorda should have reported it to the proper organs within the administration. This problem was also politically sensitive. If these persons [civil servants, ed.] did something wrong they should have been told too. This [Roorda reporting to the police, ed.] led to more loss of confidence," Shigemoto said.

Shigemoto said the incident was not the only example of Roorda's insubordination and lack of loyalty to the government organisation. Government contends that Roorda also disclosed confidential information concerning civil servants' pension premiums to the Committee for Financial Supervision CFT.

Roorda said that as CFT's contact person he had had no other choice but to provide these figures, because the law stipulated that St. Maarten should provide the CFT with all information required.

Government, represented in this case by attorney-at-law Richard Gibson Jr., contested this statement. He said not Roorda, but Secretary-General Hazel was government's liaison with the CFT.

Minister Shigemoto and Roorda's attorney both said the Department of Finance had been and still was under a lot of pressure, with the difficult relationship with the CFT only adding to the tension.

In this light it was understandable there had been "tensions, differences of opinion and irritations," Le Poole stated, adding that Roorda had never been criticised previously concerning his work or behaviour.

Roorda also contested government's claim that he had "ridiculed" and "discredited" St. Maarten with the Dutch government. He further claimed that government had violated the confidentiality of mail in searching his e-mails.

Gibson said Roorda's dismissal had been justified because he had displayed "serious flaws" in his work as well as a "negative attitude" and had not been following instructions.

Roorda "continuously ignored directives" and had no respect for his superiors, said Gibson. This had only further complicated the already difficult talks with the CFT.

In giving an example, Gibson said Roorda had informed the CFT about the extra yield of the Turnover Tax increase prior to providing these figures to the Council of Ministers.

Roorda was hopeful that he would be reinstated. He told Judge Diederik Thierry that it might be "difficult, but not impossible" to cooperate again. "There is much to be done, such as the preparations of the 2012 budget, as well as in the area of internal controls," he said.

The judge will give his decision on Friday 20 May.

Maarten Le Poole of HBN Law St. Maarten is representing Bastiaan Roorda in this case. The Government is represented by Richard Gibson Jr. of Gibson & Associates.

14 May 2011