Immigration Officer Lawyers Up After Administrative Leave

A growing rift inside the Immigration Department may be heading straight into the courtroom. The government is pushing ahead with disciplinary action against officers linked to last week’s controversial sickout at the western border, placing some on administrative leave. The Minister of Public Service says the move follows the rules. But one attorney says not so fast. Norman Rodriguez, representing Immigration officer Anne Marie Smith, argues his client is being unfairly targeted, before any proper investigation is complete. Now, he’s challenging both the allegations and the process itself, setting the stage for a legal showdown with major implications for public officers nationwide.

 

Norman Rodriguez, Attorney-at-law

“My client was on doctor’s ordered leave from the thirtieth of March to the first of April. When she went back to work, she was served a letter that, two letters actually. The first letter is that she was placed on administrative leave pursuant to section 144 of the Republic Service Regulations for misconduct and that the second letter dated the seventh of April is that she’s going to be investigated and that they will take action against her for the same thing for not acting in her capacity professionally as an immigration officer and with the highest level of personal integrity. The facts surrounding this is that Miss Smith presented a letter to the port commander, I believe she’s Ms. Flores, on the thirtieth of March and that was a medical certificate from her doctor saying that she was not able to work for that period. The ministry saw that overall there were eight officers whom had presented medical certificates for a certain period. The allegation is that they all presented medical certificates for the same, more or less the same period, and that they would return more or less on the same date. So the allegation in the first letter is that the ministry believes that they wanted to sabotage the goings at the Western border and that is why they decided that they would place them on administrative leave and they would investigate them and take further action. So they have returned to work for now, but they’re under investigation. Now, I can’t speak for any of the other officers because I represent only one, but I can tell you that I know Ms. Annmarie Smith and she has been facing certain medical conditions for a period of time, so in the least, you would expect that before you say, I suspect that you are guilty of sabotage or that you wanted to sabotage the goings at your work workplace. You would make the allegation and do a proper investigation. Now they’re going to investigate after they’ve started taking action against them.”

 

Medical Records Refute Sick‑Out Allegations

 

As the investigation continues, one key claim is now being refuted. Suggestions that some officers used sick leave to stage a coordinated sick out are being firmly rejected by one defense attorney. Norman Rodriguez, who represents Immigration officer Ann Marie Smith, says that narrative simply doesn’t hold up. He insists Smith’s medical records clearly show her illness was genuine, not a cover for protest action. Rodriguez is also sounding a warning: while internal grievance channels exist, this dispute could end up before a judge, putting the government’s actions, and the damage to Smith’s reputation, under serious legal scrutiny.

 

Shane Williams

“Now, how do you respond to the argument that she may be using her past illness in support of. Certain strike actions that was taking place with the other seven officers.”

 

Norman Rodriguez, Attorney-at-law

“I will respond to it for you and for the public because the public needs to know or to get answered to certain questions. But if that question or that suggestion had come from anybody in the ministry, these people are all attorneys. They know the law. So you can’t take these things to court, but. That is something that they can, I would even say allege, but claim as support to their argument. But they know it would be a flimsy argument before a judge. So to the public and to yourself. That is untrue because the records will show that this lady is genuinely ill. I believe the public service union’s president did make some comment on it and they can use their union to give them some support and fight the case for them, but that will only be for – I can’t say restitution yet because they have not been terminated – but to clear up that issue of the administrative leave, but be reminded that even though Belizean don’t take opportunity, take the opportunity to have a judge decide as it relates to the actions taken against my client, there may be more than just give you back your five days pay or whatever, or give you back your five days or. Damage has been done to her reputation. And a court can decide if she’s entitled to damages. So that is one option for her.”

 

Attention readers: This online newscast is a direct transcript of our evening television broadcast. When speakers use Kriol, we have carefully rendered their words using a standard spelling system.

 

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