A bacchanal foretold: Has new Govt worsened CoP crisis?

“[…] If my contract has ended, how can I be sent on any binding vacation leave that extends beyond the life of the contract? The only way that can realistically happen is if, and only if, said contract is going to be renewed, with the person it affects being remaining and continuing to be employed!

“So, should Erla Harewood-Christopher realistically expect this government to extend her contract and tenure as the substantive CoP? When Erla receives her salary at the end of this month, how does it reflect the days after 14 May? Will she be paid for those or not? […]”

The following Letter to the Editor on a series of potential complications resulting from the Ministry of Homeland Security’s decision to send Commissioner of Police Erla Harewood-Christopher on 66 days’ vacation leave was submitted to Wired868 by a concerned guest contributor:

When the news broke on 10 May that the Director of Public Prosecutions (DPP) Roger Gaspard indicated that the charges against Commissioner of Police (CoP) Erla Harewood-Christopher were going to be discontinued, I smelled fresh bacchanal in the air coming.

And not for the reasons one might immediately think, though. To explain this fully, we need to start literally at the beginning of this year—even before the CoP’s spectacular arrest.

From all indications, the then PNM Government, at the beginning of 2025, seemed unlikely to renew or extend Erla’s contract as CoP, whether she was desirous continuing in the post or not. It is noteworthy that said contract would end on 14 May, just four months away—a date that comes into particular significance as this narrative unfolds.

Then came her arrest at the end of January, over her approval of some contentious weapons purchases by the Strategic Services Agency. Herein entered the Police Service Commission (PolSC), who decided to suspend Erla while the matter was being investigated and appointed Deputy Commissioner of Police Junior Benjamin.

For the PolSC, this was par for the course in terms of what they can do entirely of their own accord.

If the substantive CoP (Erla in this instance) proceeds on vacation leave, sick leave, medical leave or the like for more than five days or is suspended, the PolSC just has to announce that Person X will act as CoP presumably until the substantive CoP is capable of a return to duty.

Straightforward so far, right?

Person X is usually chosen to act based on seniority in the service. The major point is that the Trinidad and Tobago Police Service will have a titular head and accounting officer so that, at the very least, the administrative concerns of the TTPS can continue uninterrupted.

However, keep in mind where the PolSC cannot act on its own.

If the substantive CoP comes to the end of his/her contract term, resigns from office or is terminated, the PolSC has two major tasks to then perform.

One of those tasks would be to immediately begin the recruitment process to find a suitable candidate to fill the vacancy—a process that realistically can take months to complete.

The other task is to make a recommendation as to who could be given an initial six-month contractual appointment as the acting CoP, with the said appointment being debated in and approved by Parliament.

Given that the last day of Erla’s contract was 14 May, this was something that had to happen—regardless of the outcome of the investigation she was under.

In the aftermath of Erla’s arrest, three unexpected but related events occurred. The first event was that the then PNM government decided to dissolve the 12th Republican Parliament on 18 March and call for a snap general election.

The second event was said election, which was held on 28 April and resulted in the UNC becoming the new government, with Kamla Persad-Bissessar, SC, once again becoming the Prime Minister of Trinidad and Tobago.

The third event is perhaps the most critical one and can be more accurately defined as a non-event because is it something that did not happen: the opening and sitting of the new 13th Republican Parliament.

At the time of writing, on 16 May, it is the third consecutive Friday since the general election—yet Parliament has not been reopened during this time.

There has been a rumour floating that Parliament will be opened on 23 May but, like many others, I am skeptical of this happening until I see certain things fall into place to make this a reality.

Now we return to the DPP’s discontinued charges against Erla. That was on Saturday 10 May.

Erla, through her attorney, indicated that she will be returning to work on Monday 12th, as the suspension should be lifted. This also meant that she would wind down the two remaining days of her contract physically in office, the awkwardness of her presence be damned!

I am sure the astute ones amongst you now see where this situation would head. On 15 May, Erla’s contract ended and that should have officially triggered the search for a new CoP replacement.

DCP Benjamin cannot continue to act as CoP because the PolSC needs a sitting Parliament to approve appointing him as acting CoP to temporarily fill the vacant position!

This is the bacchanal foretold I saw coming: the need to fill the vacant CoP spot exposes the fact that there is no logical reason why we do not yet have a sitting Parliament 18 days after the general election.

Trinidad and Tobago is not at war, nor has it suffered some crippling natural disaster that would interrupt the important process of governance that is parliament!

And, adding more to this bacchanal, I believe when Parliament open the day is reserved solely for swearing in the elected candidates as Members of Parliament, those persons so chosen as Senators and electing a Speaker of The House.

So technically no ‘debates’ take place on the opening day, meaning most likely an emergency sitting on another date would have to be convened to deal with appointing an acting CoP.

Dear reader, we would have faced the prospect of the TTPS having no substantive Commissioner for at least nine days, starting from 15 May. That would have been quite a train wreck to see happen, unless the new government could find a way to avert such a crisis.

As it turns out, the new Attorney General, astute senior counsel that he is, offered ‘advice’ that turns out to be equal parts confusing and ludicrous.

A press release from the Ministry of Homeland Security (a new creation of this government) went out on 14 May advising that—with the AG’s sound blessing as being legally prudent—Erla was instructed to immediately proceed on the 66 days of accumulated vacation leave.

With her being on vacation leave, the PolSC’s powers to have DCP Benjamin to act as CoP would be triggered and the lack of a sitting parliament would be neutralised.

Crisis averted! Hooray! Pats on the backs all around for this shrewd and unproblematic solution, right! Right?

Anyone with a lick of human resource knowledge knows that a personnel nightmare has just been created here. If my contract has ended, how can I be sent on any binding vacation leave that extends beyond the life of the contract?

The only way that can realistically happen is if, and only if, said contract is going to be renewed, with the person it affects being remaining and continuing to be employed!

So, should Erla realistically expect this government to extend her contract and tenure as the substantive CoP?

This is why I used the word ludicrous before. This laughable solution was meant to sidestep the fact that a Parliament does not exist and hope that the country didn’t notice that the absence of it caused a HR nightmare…

Yet, it creates a new HR nightmare!

When Erla receives her salary at the end of this month, how does it reflect the days after 14 May? Will she be paid for those or not?

Reaching further, my calculations show that this leave she is now on will finish on 29 September (due to the several public holidays the period covers). Does this mean that DCP Benjamin is acting CoP up to 30 September, on which date the post is then actually vacant?

Is Erla, quite reasonably based on what transpired, expected to continue to receive pay as the CoP for the entire months of June, July, August and September-minus-a-day?

I assume that someone far savvier than I would be able to unravel this embarrassing human resource jalebi.

To date no one has come forward with a reason as to why the 13th Parliament doesn’t yet exist. Methinks this is something that ‘working from home’, as the new PM is wont to do, cannot fix.

And perhaps this is the first true sign that this new government has not taken to the actual business of governance with the solemnity, urgency and dedication it requires.

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