Five KPSM police aspirants reportedly unpaid weeks into Curaçao training

GREAT BAY--Five recruits selected by the St. Maarten Police Force (KPSM) for the Basis Opleiding Politie Kustwacht (BOPK) in Curaçao have reportedly gone several weeks without receiving salary or other compensation from St. Maarten, raising questions about whether their formal appointments and payment arrangements were completed before they were sent overseas for training.

Information provided confidentially to The People's Tribune indicates that the five candidates have been in Curaçao since August 10 and, as of this week, had not received a payment. The concern communicated to the Tribune is that repeated inquiries have reportedly been met with the explanation that KPSM is awaiting the Governor's signature or approval before the payments can be processed.

The People's Tribune has not independently confirmed the status of the individual appointment decrees or when they were submitted for signature.

What is confirmed publicly is that the five St. Maarten recruits are part of the current BOPK class. On September 8, the Police Force of the Caribbean Netherlands announced that the class consists of 23 aspirants: 13 from the Caribbean Coast Guard, five from the Caribbean Netherlands Police Force and five from KPSM. The group completed a four-week introductory program on September 7 before beginning the two-year training program.

The situation raises questions because St. Maarten's police regulations establish a specific legal status for recruits admitted to basic police training.

The Rechtspositiebesluit politie Sint Maarten defines an "aspirant" as a person admitted to a basic police training program. It further states that an aspirant is appointed in temporary service for the duration of the basic training. Aspirant positions are linked to salary scale 4.

Article 30 of the same regulation states that salary and any related compensation or allowance are to be paid monthly, or toward the end of the calendar month to which the payment relates. The Minister of Justice may depart from that schedule when special circumstances justify doing so.

This does not by itself establish that the law has been violated in the case of the five trainees, because their individual appointment documents, effective dates and administrative status are not publicly available.

However, the regulations make the timing of those appointments important.

Article 25 states that a police officer should, where possible, receive the written appointment before taking up the position, but in any event within two months after beginning work. The written appointment must include the effective date, whether the appointment is temporary or permanent, the position, place of employment, salary scale, salary step and rank.

The explanation reportedly given to the candidates that their payments are awaiting the Governor's signature is consistent with one part of the formal appointment procedure.

Under Article 7 of the Landsverordening politie, police officers are appointed by landsbesluit, with the Minister of Justice responsible for appointments.

Article 40 of St. Maarten's Constitution provides that landsbesluiten are signed by the Governor and one or more ministers.

What remains unclear is why the five recruits were permitted to leave St. Maarten, begin the official BOPK program and continue training for several weeks if the administrative process necessary to establish their appointments and compensation had not yet been completed.

It is also unclear what effective date will eventually appear in their appointments and whether all outstanding salary will be paid retroactively from the date they began the program.

The reported delay is particularly difficult for the candidates because they are undergoing training away from home in Curaçao.

The police regulations contain provisions for officers sent overseas on study assignments. Article 105 states that a police officer given a study assignment abroad receives monthly compensation equal to the salary he or she was receiving immediately before being placed on non-active status, with arrangements to ensure the officer does not suffer disadvantages in his or her legal position.

It is not clear, however, whether Article 105 applies to new BOPK aspirants who are beginning their police careers, as opposed to existing police officers sent abroad for further study.

The publicly available regulations reviewed by the Tribune also do not clearly establish whether these five new aspirants are entitled to a separate overseas allowance, per diem, accommodation allowance or other compensation beyond their regular salary.

Those are among the matters requiring clarification from Government.

The People's Tribune has sent questions to Minister of Justice Nathalie Tackling seeking clarity on the status of the five appointments, the reported delay in payment, the effective date of their compensation, whether salary will be paid retroactively, and what arrangements have been made to support the recruits while they are training in Curaçao.

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