JC, education ministry on collision course

Education Minister Fayval Williams will meet the board of Jamaica College (JC) shortly following its rejection of the Doran Dixon-chaired Governance Committee of the National Council on Education (NCE) directive that Old Boys' Association (OBA) President Major Basil Jarrett's status on the board be restored.

The board and the ministry remain at odds over the locus standi of Jarrett, who is also vice president of the parent-teacher association (PTA).

The NCE, in a letter dated February 8, wrote to Michael Bernard, the board's chairman, advising him that Jarrett remains a member of the board and is to be treated accordingly, as there is no record of revocation of his tenure by Williams.

Only the minister can revoke the appointment of any duly elected member.

Jarrett had previously written to the NCE on January 25 about his removal from the board, with the NCE responding on February 4 saying, inter alia, that: “... Based on the investigation and the review of our records, it was noted that the council had not received any advisory regarding your resignation, nor did it receive any communiqué regarding your terminating your appointment as a member of the board.

“We are also unaware of the existence of a vacancy on the board of management of Jamaica College in respect of representation of the Old Boys' Association ... .”

The NCE said it noted with concern the position taken by the chairman to exclude Jarrett from attending board meetings.

Citing the case Manchester High School Past Students' Association Ltd v The Minister of Education and the Attorney General of Jamaica, the council said it believes Bernard acted outside of his powers to isolate Jarrett.

“This power resides with the association and the minister with responsibility for education and must be exercised according to due process. In light of the foregoing, the council has concluded that you are a duly appointed member of the board of management of Jamaica College representing the Old Boys' Association, and, in this regard, you are entitled to be invited to all meetings of the board. The chairman will be advised accordingly ... ,” correspondence read.

Bernard, in a letter dated March 7 to Dixon, told the NCE chair it had no jurisdiction to tell it what to do.

“We were not aware, and our review of the National Council on Education Act, the Education Act and Regulations and the websites of the MOEY and NCE did not disclose any mandate, power or authority in the NCE to direct boards in matters relating to the revocation or reinstatement of board members,” a section of his letter read.

“We would be grateful for you to guide us to the relevant provision. We were of the view that the Ministry of Education Youth and Information was the body with that authority and we therefore directed our request to the honourable minister.”

Special meeting

Bernard also included a November 7, 2021, letter to the minister which he said supported the revocation by a 16-2 board vote.

Contacted on Monday, Dixon said he was not perturbed by the chairman's letter.

“The NCE is in receipt of the response and we are arranging a special meeting of the governance committee to treat with the response. Notwithstanding that, we stand by the basic principle that there is no record of a formal rescinding of the appointment of Major Basil Jarrett as the representative of the Old Boys' Association on the JC board. And as such he has all rights to exercise all of the privileges, which include attending meetings of the board of JC,” Dixon said.

The Governance Committee is the ministry's cleaning house for individuals appointed to boards. After investigations, it makes recommendations to the minister. The minister is the only one who can rescind an appointment.

Bernard said he has received communication from Williams about the imminent meeting.

In a precedent-setting case including Manchester High School, the court ruled that the constituent body had a right to nominate the person of its choice.

“Without the minister's revocation of the appointment, the board cannot legally bar him from meetings. If they (JC old boys) want to nominate the same person, as long as they do not violate any fit and proper criteria, they can do so. The board cannot dictate to the old boys who they nominate,” said a source who was a member of the Manchester High School board.

Jarrett said his issues with the school board's operations began long before the saga involving Ruel Reid, the principal seconded as education minister who resigned from the Cabinet in 2019 amid a fraud scandal.

Reid sealed a multimillion-dollar payout deal last year to formally close the chapter on his substantive tenure at the high school.

“The school was not performing well academically despite the wonderful public relations we were receiving in the press,” Jarrett said on Monday.

The recently concluded Orlando Patterson report on the state of Jamaica's education has placed the school way down on the performance ladder, including value added.

erica.virtue@gleanerjm.com