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Legislation needed to protect whistle-blowers

The Opposition United Bermuda Party yesterday called for whistle-blower legislation to protect employees who expose wrongdoing in their workplace.

"We need whistle blower legislation to protect people who are trying to do the right thing in the interest of the community," Senator Leonard Santucci said yesterday.

Referring to this week's story about former Bermuda College financial comptroller Jane Smith, who claimed that she was made redundant after questioning what she thought was inappropriate spending by the College president and vice-president, Sen. Santucci said she had been victimised even though she acted with good intentions.

"Jane Smith intended to have the matter addressed internally but it was deemed she acted inappropriately," he said at yesterday's Senate meeting.

"She acted with good intentions and I begin to appreciate that you can have all the good intentions in the world" but in the absence of clear guidelines "the organisation can make up the guidelines and it becomes to your detriment and your downfall."

He added: "On behalf of the likes of Jane Smith, who I know is a principled individual who operated beyond reproach, I believe we need whistle-blower legislation."

He said Government often talks about principles and should "want to encourage people to do the right thing, especially in areas of abuse and neglect.

"I think the Attorney General would want to protect people who are trying to do the right thing to protect the public purse."

Sen. Santucci, who has worked at the Bermuda College, also backed calls for an inquiry into the Bermuda College, saying in response to heckling by ruling party Senator Larry Mussenden, that if an inquiry was to be held Government would find "a lot more than flowers".

Ruling party Senator Raymond Tannock, who chairs the Bermuda College Board of Governors said that the College had implemented a number of new policies in the last two years and that Sen. Santucci could call the institution and find out what they are.

"You mentioned the flowers, not I," Sen. Tannock continued. "But we are very, very convinced that the policies we have in place will carry us forward."

And he said that as chairman he met regularly with Ms Smith "so if Ms Smith wished to blow the whistle, I was available".

Sen. Tannock added: "Many people have their own agenda. I cannot control their agenda."

Ms Smith's story became murkier after it was established that she was being disciplined for what the College called "professional misconduct" when she queried credit card charges made by president Michael Orenduff and vice president Larita Alford.

She had a difficult relationship with her immediate supervisor Ann Parsons and took the matter to another College senior manager.

She said she was then placed on administrative leave for revealing confidential information and when she returned told her job was being made redundant.

"Jane Smith had a sterling record," insisted Sen. Santucci after the Senate hearing. "What the College is doing is attempting to discredit anyone who spoke out. They are challenging what she did and how she did it. Who do you report the president to? Who do you report the vice-president to?"

No wrongdoing has been established by either the president or the vice president.

Earlier this week Bermuda Public Services Association general secretary Ed Ball said that whistle-blower legislation would have helped in the Jane Smith case because it provides for an impartial third party to establish the facts.

"The union will always expect that if there is wrong being done by either the employee or the manager involving taxpayers' money, that the matter has to be addressed. It would be irresponsible not to handle the matter," Mr. Ball said.

"That's why Bermuda needs to have whistle-blower legislation that allows for an impartial third party to handle the grievance investigated and protecting the identity of the employee."

Mr. Ball would not comment on Ms Smith's difficulties at the College, except to say that she was represented by the union in negotiations with the College president.

The parties came to a "mutually satisfactory severance package that was based on Ms Smith's tenure at the College and it was a fair and equitable package in the eyes of the union."

Ms Smith was reluctant to respond to the College's charges of "professional misconduct".

"I'm not going to say anything except that it detracts us from the main issue which is that the College fails to provide the community with value for money. I have no grudge whatsoever against the College, I have always supported the College and will continue to do so," she said.

"Both of my children were students up there over the past academic year and one of them will continue to be a student there in September. And I have to say their experiences have been nothing but positive."