Decision in ex-SORT officer Mark Hernandez’s case on Feb 18
Written by Jada Loutoo on January 7, 2025
HIGH Court judge Frank Seepersad will on February 18, deliver his decision in a lawsuit which challenges the promotion process for assistant superintendents of police (ASPs).
Insp Mark Hernandez, the former head of the TTPS’ disbanded Special Operations Response Team (SORT) filed a judicial review claim questioning compliance and fairness of the performance appraisal and promotion process.
On January 6, he gave evidence and his attorneys questioned Deputy Commissioner of Police (Administration) Natasha George and Dr Anthony Watkins, head of Odyssey Consult Inc (OCI), the consultancy firm managing the promotion process, on related procedural concerns.
After their testimony, Seepersad ordered the filing of submissions and replies by January and February, and said he will give his decision on February 18.
Hernandez’s lawsuit disputes the procedural integrity of the promotion assessment. It also questions the process’s fairness, transparency and adherence to police service regulations.
He contends the process failed to follow proper guidelines and deprived qualified officers of fair advancement opportunities.
In his lawsuit, Hernandez also contends all officers eligible for promotion to the rank of ASP, from what he has been told, receive an “outstanding” grade on their performance appraisals.
DCP George confirmed that performance appraisals account for 25 per cent of an officer’s promotion score and was the “doorway” to qualify for the written promotions examination. However, DCP George acknowledged systemic issues in the performance management appraisal system (PMAS), including inconsistent reporting.
“There is a breakdown in reporting requirements for PMAS for the entire police service,” she admitted.
Watkins defended the firm’s decision, during a briefing for inspectors last July, to eliminate the pass mark requirement and permit everyone to advance from the first stage to the second of the assessment process.
The decision to allow all candidates to proceed to oral assessments was influenced by a suggestion from DCP George after concerns were raised at the meeting by the president of the Police Service Social and Welfare Association as he confirmed OCI’s independence in the process.
He said the suggestion to allow all candidates to move to the second stage reflected a commitment to treat them equitably and did not agree with the suggestion that this was not in compliance with regulations.
Watkins said OCI considered the suggestion and made an independent decision to proceed with it although the firm did not receive legal advice on its compliance with the legal requirements of the regulations.
He also said the DCP’s suggestion was not committed into writing but said the meeting was recorded digitally.
After their testimony, Seepersad said he had previously hoped to give a decision earlier but this was delayed by numerous applications.
There is an injunction preventing the police commissioner from continuing the promotion process for 169 inspectors to the rank of ASPs, until Seepersad gives his decision in the matter raised by Insp Hernandez.
Seepersad is also presiding over a similar challenge by Hernandez’s colleague Insp Veneta Weaver-Ali, of the White Collar Crimes Unit. She is represented by attorneys Jagdeo Singh, Karina Singh, Keston Lewis, Savitri Samaroo and Vashisht Seepersad.
The post Decision in ex-SORT officer Mark Hernandez’s case on Feb 18 appeared first on Trinidad and Tobago Newsday.
