-HR manager, other staffers give incriminating statements to cops

THE police have intensified their investigation into allegations of corruption by the Registrar of Deeds, Azeena Baksh, and top officers at the entity have provided statements showing how they were instructed to pay her gratuity contrary to her terms of employment and also evidence of her overpaying herself.
Baksh has sought to deny the allegations, but she was questioned at the Criminal Investigations Department earlier this week and the allegations were put to her. Top police sources said that by Tuesday next week, they will be able to turn over their file for legal advice before proceeding with charges. Though Baksh denies the allegations of financial impropriety levelled against her, evidence seen by the Guyana Chronicle suggests that Baksh had indeed instructed that she be paid bi-annual gratuity from 2014 to 2016.
Having being employed by the Judicial Service Commission (JSC), a public service entity, Baksh was not entitled to gratuity and as such has been accused of illegally paying herself $4.5M and waiving over $7M in outstanding fees due to the entity. Baksh was appointed Acting Registrar of Deeds from July 16, 2012 with a stipulated salary of $326,171 monthly and was entitled to duty, entertainment and house allowances as well as subsistence allowance when working out-of-district, duty-free concessions every three years, leave passage allowance and 42 days annual vacation leave.

Additionally, she was entitled to security at her residence, paid residential and mobile phone charges and monthly internet service charges. There was no mention by the JSC of a bi-annual gratuity as she was employed on the fixed establishment. In May 2014, the Deeds Registry was merged with the Commercial Registry pursuant to the Deeds and Commercial Registries Authority Act No. 4/ 2013.
By virtue of this legislation, all positions were made contractual except that of the Registrar and Deputy Registrar of Deeds, whose tenure remained unchanged pursuant to Article 199 of the Constitution and the aforementioned legislation. Evidence provided shows that Baksh instructed, and signed off on the payment of gratuity to herself and other members of staff who were entitled for the period May 2014 to November 2016. Additionally, it was discovered that Baksh had also paid herself $400,000 monthly as of May 2014, despite the fact that her salary should have been $359, 604 by virtue of the public service increases.

Innocence
Baksh however, through her attorney Nigel Hughes, said that on February 13, 2013, Cabinet decided that all staff of the Registry who opted to transfer of the Deeds and Commercial Registry would be paid severance and would be offered contract gratuity appointments. “Pursuant to the issuance of the Cabinet memo, the staff of the Deeds and Commercial Registry were written to by the Permanent Secretary of the Ministry of Legal Affairs on the 19th May, 2014, providing them with two options, either refuse the offer of employment with the Deeds and Commercial Registry and be transferred to another Government Ministry or Department, or accept employment with the deeds and Commercial Registry and receive severance under the termination and severance Act.”
Hughes pointed out that his client accepted the offer of employment with the Deeds and Commercial Registry and was paid severance in keeping with the offer of the permanent secretary. He said the payment of salaries is prepared by the Human Resources Department and submitted to the finance department for disbursement.
“Ms Baksh does not have the authority to direct the Human Resource Department or the Finance Department, to make any payment of salaries; these departments report to the governing board of the Deeds and Commercial Registries Authority; nor has she ever authorised the Human Resource Department to place any member of the Deeds and Commercial Registry on the payroll.

‘She is building her house’
However, Human Resource Manager of the Deeds and Commercial Registries Authority, Dr Shyam Dodnauth, in a statement that was issued to the police, which was seen by this newspaper said that Baksh is head of the budget agency and the lone person authorised to sign off on the Authority’s payroll. He said too that Baksh had allegedly instructed him to ensure she is paid gratuity. Dr Dodnauth said that by virtue of Baksh’s actions and

instructions, there was no doubt in his mind that she was a contracted employee. “Ms Baksh personally instructed that I ensure she is paid her gratuity for the period May 1, 2014 to October 31, 2014,” said the Human Resource Manager, who noted that Baksh enquired often about her gratuity as she noted “she is building her house and depends on it.”
The Guyana Chronicle understands that every correspondence to the Accounts Department must be vetted by the Registrar of Deeds and according to Dr Dodnauth, when he questioned Baksh about whether she was employed on contract, she would “be unpleasant” and demand that he speak with the Chancellor, as she was employed by the JSC.
On Tuesday, Baksh, on the invitation of the head of the fraud department of the Criminal Investigations Department, attended an interview, during which it was alleged that she wrongfully authorised the payment of her own salary on a contract basis when she was still a member of the permanent establishment. “Ms Baksh denied the allegation and undertook to provide the police with all the documentation related to the Cabinet decision, the offer of severance and the payment of her salary.” Those documents were submitted the following day. Hughes said too that “no allegation of any waiver of fees or waiver of any monies due to the Registry was put to Ms Baksh during the interviews with the Police.”

Not going on leave
Meanwhile, at a recent management meeting hosted by Attorney General and Minister of Legal Affairs Basil Williams, Baksh was asked to proceed on administrative leave to facilitate an investigation into the matter. He also instructed that Zanna Frank, Deputy Registrar, perform the functions of Registrar of Deeds. However, in a missive dated April 13, 2017 and addressed to Williams, Baksh made it clear that she was employed by the JSC and as a result will not proceed on administrative leave.
“I respectfully reject your allegations and I am therefore prepared to defend myself in the appropriate manner. I am guided by my legal counsel to the effect that I am employed directly by the Judicial Services Commission and as such the Ministry of Legal Affairs has no jurisdiction to direct me to proceed on leave of any kind. I am further advised that it is only the judicial Service Commission that is empowered to investigate me in any circumstances,” she said, as she informed the Attorney General that she has referred the matter to the JSC.
In response, to Baksh’s complaint, the JSC wrote to the Permanent Secretary, Ministry of Legal Affairs, Delma Nedd, informing her of the Commission’s role relative to its employees. In a letter dated April 24, 2017, Secretary for the JSC informed Nedd that the body has received correspondence from Baksh informing inter alia that she was directed to proceed on administrative leave pending the investigation into the payment of gratuity. “In keeping with Article 199 (1) and 199 (3) of the Constitution, the power to make an appointment, to remove and exercise disciplinary control over the Registrar of Deed, vests in the Judicial Service Commission. In this regard, the commission hereby requests that a report on this matter be produced and sent to it for deliberation.”

AG has oversight
However, in response to the JSC’s letter dated April 26, 2017, Nedd noted that while the identified articles are instructive, the Deeds Registry functions under the Deeds and Commercial Registries Authority Act No. 4 of 2013.
Additionally, the permanent secretary reminded the JSC that it is the Minister of Legal Affairs who has oversight of the Authority and the Act empowers him to inter alia, appoint an assistant Deeds Registrar and other staff, appoint the Board of the Authority and exercise general administrative powers and control over the Authority. “This means that the entire administrative measures on the Registrar of Deeds appointed by the Judicial Service Commission and other Registry staff appointed by the Attorney General vest squarely in the Attorney General,” she stated.
Nedd said she was advised that the instruction by the Attorney General for Baksh to proceed on administrative leave is “quite valid and legal in the sense that the Attorney General, under the Act needs to administratively enquire about this complaint before passing his recommendations to the JSC.” She continued: “I am advised that the Judicial Service Commission, once it has appointed a person as Registrar, cannot usurp the powers of the Attorney General under the Act to administratively investigate any allegations against the Registrar. The JSC shall only have to wait until the Attorney General conducts his administrative investigations and makes his recommendations to them. It is then that the JSC will invoke its power under Article 199 (1) of the Constitution.