Philipsburg:--- The government of St. Maarten pulled down their website on Thursday when they realized that they said that parliamentarians are not forbidden to have two full time jobs. On Tuesday President of Parliament Gracita Arrindell said there is no law in the constitution of St. Maarten that would forbid a parliamentarian to work elsewhere as long as he or she is able to attend all meetings. When asked by SMN News if she Arrindell would seek to reduce the salaries of those parliamentarians who are working at a second job. Arrindell said that the people of St. Maarten should not seek to go there because politicians need incentives. Furthermore, she said to amend the constitution, parliament would need a two third majority. Arrindell was obviously annoyed when SMN News posed questions to her about the salaries of parliamentarians.
Another reporter who works closely with Arrindell then suggested that the people of St. Maarten is not aware of how parliament works and that the current structure is new to the people. The reporter who is a stronger supporter of the United Peoples Party asked Arrindell if there is anything in the law that forbids parliamentarians to work two jobs and Arrindell responded by saying there is none. It appeared to us that the chairlady of parliament lied to the people of St. Maarten or she simply did not take the time to read the explanatory notes of her country’s constitution. Therefore we suggest that the chairlady should take some time out to study the constitution and most importantly the rules of order, that way there would be fewer blunders during the central committee and parliamentary meetings.
SMN News posed the same question to Minister Theo Heyliger on Wednesday since most of Members of Parliament from the United Peoples Party faction are working elsewhere. Heyliger made clear that there is nothing in the law that forbids parliamentarians from working at a second job. He also said that he will not be seeking the removal of Member of Parliament Jules James who is at the centre of the Pelican saga.
As for Minister Heyliger we will refer him to www.burofocus.com where the English version of the constitution is posted.
According the explanatory notes of the constitution of country St. Maarten on page 43 it states
"Omdat het functioneren van de Staten een taakverzwaring voor de leden meebrengt vergeleken met het functioneren van de eilandsraad, zullen de Statenleden een volledige dagtaak aan het lidmaatschap hebben. De voorzieningen voor de leden zullen op de volledige dagtaak worden toegesneden."
When translated into English its means “Because the functioning of Parliament will bring along an increased workload for members compared to the functioning of the island council, membership will carry a full day's work for Members of Parliament. The provision (salary) for members shall be based on a full day's work.”
(The constitution of St Maarten can now be found at www.burofocus.com in both English and Dutch.)
While the constitution does not dictate a time period where parliamentarians must be on the job it is clear that each Member of Parliament should go to work and be available when called upon. It also states that parliamentarians are paid to work full time.
This particular article on page 43 of the explanatory notes is the job description of the parliamentarians who are being paid with the people’s money. It behoves us to say that either the president of parliament does not know her own job description or she lied to the members of the media when she said there is no provisions in the law prohibiting parliamentarians to work at a second job. As for Member of Parliament Jules James it is clear he violated the constitution of St. Maarten and his job as a parliamentarian when he registered two companies on December 18 which stated that he is the managing director of both companies. Those are the companies that are going to manage the Pelican Resort. Jules James is a legislator and he should know that he cannot get his cake and eat it too. This man of God should know that he cannot serve two Gods and legislators are called to protect its people and not to abuse or manipulate the laws of the land.
In an invited comment project director and former Lt. Governor Dennis Richardson said while it is not illegal for parliamentarians to have two jobs it is not ethical. Richardson further explained that no one can have two full time jobs and there comes a time when that person would have to choose one job over the other. When SMN News pointed out what is stated in the explanatory notes of the constitution the project director agreed that parliamentarians are paid to work full time and not part time.
What is astonishing is that the chairlady of parliament who is also a civil servant knows full well that civil servants are not allowed to have a second job, yet she said on Tuesday that civil servants can have a second job if they so desire. Those statements were contradicted on Wednesday by Prime Minister Sarah Wescot Williams.
Below is the recording of our questions to both the president of parliament Gracita Arrindell and Minister Theo Heyliger.