Police Respond to Appeal Court Ruling

Acting Commissioner of Police Mike Jackman responded to the judgment handed down by the Court of Appeal in relation to the five police officers, saying “The decision by the present Commissioner not to offer further employment to the officers was made following a performance review and a review of their service records. Those records did not include the previous communications that gave rise to their expectation. The Bermuda Police Service is grateful for and respects the ruling given by the Court of Appeal.”

After the ruling, The Royal Gazette reported that, “The Police Commissioner’s decision to get rid of five policemen from the Caribbean just two days before they were to become permanent officers with full pension rights was “conspicuously unfair”, according to the Court of Appeal.”

Mr Jackman continued on to say that, “The decision not to offer further employment was not personally motivated and it therefore stands that the affected officers will continue to serve without fear of any prejudice or ill will. Senior management will meet with all of the officers to reiterate this.”

Acting Commissioner of Police Mike Jackman’s full statement is below:

On Monday, March 21st 2011 the Bermuda Police Service received the judgment handed down by the Court of Appeal in relation to the five police officers who had sought legal remedies in relation to not being offered further terms of service.

The officers argued that, in light of communications they had received from the previous Commissioner and the Human Resource Manager, they had a legitimate expectation that the Bermuda Police Service would renew their contracts on permanent and pensionable terms. The current Commissioner and his senior command team were not aware of the communications that underpinned their expectation.

The decision by the present Commissioner not to offer further employment to the officers was made following a performance review and a review of their service records. Those records did not include the previous communications that gave rise to their expectation. The Bermuda Police Service is grateful for and respects the ruling given by the Court of Appeal.

The decision not to offer further employment was not personally motivated and it therefore stands that the affected officers will continue to serve without fear of any prejudice or ill will. Senior management will meet with all of the officers to reiterate this.

This was an important case and one that the Bermuda Police Service has learned from. The senior command team recognized that the existing performance appraisal system was old-fashioned and no longer fit-for-purpose. Commencing 1st April 2011 the Bermuda Police Service will implement a new computerized performance and development appraisal system that will provide a comprehensive and continuous evidence-based performance review for every officer up to the rank of Superintendent. The implementation of this new appraisal system will support the commitment of the Commissioner and his management team to drive up performance across the Service.

On assuming command of the Service in December 2009, the Commissioner made it clear that his priority was improving the level of service provided to the community. Providing value for money was a critical plank in his leadership strategy. All staff members in the Bermuda Police Service were aware that a high level of scrutiny would be placed on individual performance. At the beginning of 2010, the Commissioner held open meeting(s) with staff so they were aware of his expectation.

Police staff were made fully aware of the paradigm shift and the standard of performance required was made clear and unambiguous. Since that time the vast majority of our officers have risen to the challenge and have clearly re-committed themselves to “Making Bermuda Safer.”

Performance has never been higher and despite the persistent escalation in gang-related gun crime there is evidence that the men and women of the Bermuda Police Service are tackling crime, enhancing public confidence and policing with the community more effectively than ever.

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