PHILIPSBURG–The Committee for Civil Servants Union (CCSU) and Justice Minister Cornelius de Weever have reached consensus on the way forward for the St. Maarten Police Force.
CCSU said in a press statement on Tuesday that a consultation meeting was held between CCSU and de Weever with representatives of ABVO and NAPB, sitting in as observers with speaking rights. The purpose of the consultation meeting was to discuss a way forward on three critical matters for the St. Maarten Police force KPSM: the constellation of the placement and appeal committee, the approved function book of June 3, 2019, and the “Rechtspositie” decree, which is the document that regulates the majority of the legal rights and benefits of the police.
In June 2019, de Weever presented CCSU and the police unions with several signed documents. These documents included a signed function book, a letter pertaining to the existence of a “Rechtspositie Korpspolitie Sint Maarten” of 2011, a request to repeal the “Rechtspositie Korpspolitie Nederlandse Antillen” of 2000 and a request for appointment of members to the placement and appeals committee.
It was critical for the parties to meet on these points as the CCSU did not approve the request to repeal the “Rechtspositie Korpspolitie Nederlandse Antillen” of 2000 and the members of the CCSU did not agree with the constellation of the placement and appeals committee proposed by the Minister of Justice. In addition, after CCSU provided a positive advice on the function book and formation in February, changes were made to the formation plan that was not submitted to CCSU for review in accordance with article 112g of the “Landsverordening Materiel Ambtenaren recht (LMA).”
The consultation offered the opportunity to address these matters and reach consensus on a way forward, supported by all parties. After much negotiating and lobbying, parties settled on two of the three matters, CCSU said in a press statement on Tuesday.
CCSU members (Windward Islands Civil Servants Union/Private Sector Union and Windward Islands Teachers Union) could not agree on the proposed constellation of the placement and appeals committee. In such a case, the Minister of Justice is allowed to decide on the matter. The proposed constellation of the placement and appeals committee by the Minister of Justice is in line with the placement procedure applied in 10/10/10, with the exception of two members nominated by the CCSU, instead of one.
De Weever explained that there are currently two regulations on the legal position of the police force that are applicable and proposed the repeal of the “Rechtspositie Korpspolitie Nederlandse Antillen” of 2000, instead of the “Rechtspositie Korpspolitie Sint Maarten” of 2011.
Members had serious reservations about this request, as the “Rechtspositie Korpspolitie Sint Maarten” of 2011 did not receive a green light from CCSU in 2015. This led to the drafting of a “Rechtspositie Korpspolitie Sint Maarten” of 2016 in collaboration with the then Minister of Justice.
After hours of deliberations, parties agreed to repeal the “Rechtspositie Korpspolitie Nederlandse Antillen” of 2000 and recognise the legality of the “Rechtspositie Korpspolitie Sint Maarten” of 2011, ensuring the placement procedures can commence with the needed legal clarity.
Additionally, de Weever said there are no significant changes between the “Rechtspositie Korpspolitie Nederlandse Antillen” of 2000 and the “Rechtspositie Korpspolitie Sint Maarten” of 2011 and as such, repealing the “Rechtspositie Korpspolitie Nederlandse Antillen” of 2000 would not hamper their current rights and remuneration. The Minister of Justice guaranteed to work on the finalization of the draft “Rechtspositie Korpspolitie Sint Maarten” of 2016.
The function book of June 3 is linked to the “Rechtspositie Korpspolitie Sint Maarten” of 2011. This means, by accepting the “Rechtspositie Korpspolitie Sint Maarten” of 2011, members also accepted the function book, despite procedures not being followed and the discrepancies noted in the function book.
Members said in order to achieve the bigger picture of proper placement and salaries for the police force, it was imperative that the process not be halted any further. Not agreeing to the “Rechtspositie Korpspolitie Sint Maarten” of 2011 would mean delayed placement, the release said.
Source: The Daily Herald https://www.thedailyherald.sx/islands/90969-ccsu-minister-reach-consensus-on-way-forward-for-police-force
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