CPA chair admits dismissing technical advice
CPA Chair Al Thompson (left) pictures with Planning Minister Kurt Tibbetts (right) and Berma Thompson
(CNS): The chair of the Central Planning Authority (CPA) admitted dismissing advice from government experts at the Water Authority – Cayman, the National Roads Authority, the Department of Environment and even the planning department because, he said, his board members know what they are doing. Although no one on the CPA has professional and academic expertise in the environment, conservation, geology, water management, road safety and development or other necessary specialist areas, Al Thompson implied the board was able to make judgments about development based on its members’ common sense.
Called as a witness before the Public Accounts Committee Wednesday to answer some of the concerns raised in a damning report by the Office of the Auditor General (OAG) published last summer, the CPA chair appeared not to appreciate the gravity of his admission as he criticised the technocrats and implied that government advisors didn’t like the idea that the CPA had the final say on all planning decisions.
In the report, National Land Development and Government Real Property, the OAG raised serious concerns about how the CPA was managing development, making closed-door, unjustified decisions, generally dismissing the advice of experts and behaving at times outside the laws. The auditors said it was not operating efficiently and outside good practices for good governance.
Questioned by PAC Chair Ezzard Miller about the CPA’s approach to advice given by experts, Thompson complained that the DoE especially went beyond their remit. He said they were not supposed to “talk about soil quality” being able to support development because they were not structural engineers. He accused the government environment experts of stepping outside their bounds, “making statements they have no business making”, as he singled out the DoE director and accused her of bias. Thompson complained that the DoE talked about climate change, appearing not to understand the problems of over development in the face of such challenges.
Thompson said the CPA did not dismiss all the technical advice but said there were times when they did. He justified dismissing recommendations from environment, water and planning experts over the depth of canals in South Sound because he didn’t think their advice was accurate, based on his own assumptions that it didn’t matter how deep canals were, as everything “below 20 feet is salt anyway”.
He said that they had allowed the developer to dig deeper channels because that’s how much fill he said he needed and it was better it all came from the same site than trucking fill from elsewhere. The CPA had cleared the developer to dig 30-foot channels — double the maximum advised by the DoE and the Water Authority. Confident that his board knew what it was doing, the chair seemed to imply the members knew better than government’s technocrats because they used their common sense.
The CPA chair also dismissed criticism of him being the owner of the largest hardware store on the island as a possible conflict of interest, claiming he was appointed because he was a qualified architect, even though he has not practiced in that profession for some 40 years.
Although Thompson said that he had no problem with open hearings for planning meetings, he was reluctant to act on it. The CPA governs its own rules for the conduct of its affairs but he said he would not make the meetings public without a directive from government. Thompson said there had been informal discussions but the planning board had always met in private since the 1960’s and, as that was the way it had always been done, that was the way they had continued. To change, he said, would be “out of the box” and an “unprecedented move”.
There was, however, a brief period when Dalkeith Bothwell chaired the board during the PPM’s 2005-2009 administration when the hearings were open and the press were allowed to attend. During a meeting regarding the dispute about a quarry in the Beach Bay area, a lawyer representing the applicant objected to the presence of the media and the reporters were removed and have not been allowed back since. Nevertheless, Thompson claimed that the CPA was one of most transparent government boards because minutes and decisions are published online.
He disputed that his construction-heavy board and his own position presented a conflict as he said no one could promise anything to an applicant as there were eleven members and they policed themselves. He said there was no register of interest as the law didn’t require one and it was a matter of trust for members to remove themselves from meetings when a conflict arose. He told PAC that he asks members at meetings to declare any interests. Thompson admitted he could not be sure people were being honest but was under the impression that, as they were board appointees, that would suggest they are and knew of no occasion where someone had deliberated on a decision where they had an interest.
Warned about the need for him and his members to be aware of the Anti-corruption Law and the impending Standards in Public Life Legislation, which has not yet been implemented but is a guide for good governance in the interim, Thompson acknowledged the point.
Nevertheless, he defended his board and said that they were good members who made common sense decisions, even if they did not always take the advice given by government agencies. Dismissing the idea that his board needed training, he said they were all “laymen making decisions based on the law” who tried to interpret it the best way they could in conjunction with the information from planning.
PAC member Winston Connolly raised his concerns that Thompson was chairing one of the most powerful boards in the country but was taking a “Hey, I got this” approach to governance, as he pressed him for what he was doing to address the auditors’ concerns.
Thompson said that if someone pointed to the bad practices they would change, but they were doing things how they always had and if government wanted change, then they should issue the directives.
Miller said the PAC believed that adopting the recommendations made by the OAG in the reports would enhance the performance of board and that as chair Thompson had a particular responsibility to move the functioning of the board towards a more modern and open approach to improve decision-making process.
The PAC chair warned Thompson that the committee would be seeking a response from government to take action, as he encouraged him to accept the responsibility he has as the CPA chair instead of waiting for somebody to tell him to do the right thing.
Category: Government oversight, Politics
1 Lack of a propper education which would include science,
2 then when a better education and science is available/offered there is a refusal to learn or to be taught
3 and finally selfishness…power and greed
= destroyed natural environment and lack of Caymanian aesthetic in structures.
= lack of respect for law, self, others or island that gave them life.
It is strange that some Boards/Committees have technical experts on them because the law that establishes them says something like “The chief officer of the ministry of _ _ _ _ or his designee”
But not the Planning Law!
I seem to recall that apparent conflict of interest is not a new issue for the CPA. If CNS or anyone else would care to FOI a 2005 decision of the Planning Appeals Tribunal (hearing date 7 March 2005 and decision date 14 March 2005) involving a certain developer of low cost homes they could see for themselves. As I recall that Appeal decision was not long before Mr. Bothwell took over as Chair.
You need to understand that there is a method to this madness.
Elected officials know that when they appoint someone like Al T, who really shouldn’t be there and they can tell “we really shouldn’t appoint you but . . .”, that it gives them the ‘lever of influence’ on behalf of a constituent who comes to them saying “planning don’t want to give me permission to do so and so”.
I strongly suspect that the CPA does not give 2 hoots about our law and why should they. No one makes them comply. S. 7 of the Constitution say that the CPA and all other similar quasi-judicial decision making entities must conduct public hearings, but what does the CPA care. No doubt the majority of them feel that they are above the law. As for the CPA being transparent as claimed, I understand that they do not even allow recordings of what they say or do behind those closed doors. Why do you think the members don’t want a true record of what they get up to? It is certainly not for the good of the public. Thank you PAC for shedding a bit of light on the tip of the iceberg in this area. I would like to see a public enquiry to let the public see just how bad this area of our public administration has been over the past few years.
Come on now people. What is wrong with Al-T? He na going do nothin wrong. Cha man
Someone once said “We have not overthrown the Divine Right of Kings to fall victim to the Divine Right of Experts.”
The CPA may not be disinterested but neither are the “experts”. Common sense goes a long way to rooting out the arbitrary pettifogging nonsense that is well designed to benefit only the bureaucrats.
The decisions should be openly made though.
The whole Board needs to be changed (long overdue!) just like the case with the previous Liquor License Board Chair.
And more troubling is the successive governments lack of action here!
I would hope that if the meetings of the CPA is made public then all other government boards and I mean ALL government boards are made the same. I also want to know who approve the work permit and didn’t consult other government departments or blatantly disregard the fact that there was a Caymanian that could have done that job. I also want to know why business staffing board would give some salesman a permit for general manager of a hotel when we have qualified Caymanians that is without jobs that can fill that vacancy. I also want to know who approved the non qualifier for cayman status and permanent residency. So open it up. Let’s be transparent and not only with the CPA. All the persons on there is honorable men who do a great job.
Until this came up i had no idea that Al T was STILL the chairman of the CPA. Talk about “over staying his welcome!” Al T needs to be sent back to selling ‘boards ‘n’ nails.’ Come on Alden, replace him – and all the others on the CPA – NOW!
So is ‘common sense’ similar to ‘granny wits’?…
At times like this we need Mac to verify which is more powerful…
It’s good to be king
no guts
There is no one in Cayman who has no conflicts and is unbiased on the subject of development, and you can find a qualified expert to say anything you want on any subject. The DOE will naturally oppose development, it’s practically part of their mission statement. The auditor’s procedures would not make the process less political or the results more sensible.
Sadly, this sort of thing has been going on for so long the people doing it don’t even seem to realise it’s wrong any more. It must be nice to able to dictate building codes and other planning requirements knowing your company holds a virtual monopoly on building supplies – bit like writing blank cheques for yourself all the time isn’t it?
I heard some not once utter breathlessly “he even has two dishwashers!” in his house.
Is that in his ‘Munster House’ by Smith Cove?
Happy to see the CPA was questioned in the PAC hearings- I listened to it this week. Its about time.
You will now see how many more applications are going to be deferred requesting more information based on recommendation from the EXPERTS (as they should be)from the governing authorities ie. WAC, MRCU, DOE, DEH etc. now that this has come to light of the dismissal of previous expert advice- that’s IF the CPA meetings ever become public again. IF the meetings ever become public live, then the CPA will start to pretend that they do in fact listen to other professionals advice. In the meantime during closed doors….I can bet my last dollar it will continue the way its been all this time.
Question- Who would go to a physician that has only just come into practice for medical advice or check up if they have been out of practicing for over 30 years?….is that person still considered a qualified physician. A lot changes in 30 years ALT and just because you own the largest hardware store on island and were a qualified architect doesn’t mean you’re best suited for the CPA chairman. Give us a break.
Granny-wits always trumps technical advice.
Pasted below is one of the most ignorant statements a person can make:
“Thompson said that if someone pointed to the bad practices they would change, but they were doing things how they always had and if government wanted change, then they should issue the directives.”.
I have the greatest respect for Al as an entrepreneur and businessman. As the son of a trucker, I know the beginnings of his business on Shedden Rd in the middle of George Town. I loaded a lot of Honduran pine on my father’s truck there back in the ‘60’s. He has the developed the business into a first class facility that offers excellent products, competitive prices (compared to importing directly from the US) and employs a good number of Caymanians. His business is my first stop when I need something and I give him an AAA rating.
But if you subscribe to the old adage that “justice must not only be done but must be seen to be done”, I fail to see how Al doesn’t see himself as conflicted. The simple fact is that every project the CPA “approves” gives him a one-third opportunity (with COX and Kirks as the other two major hardware suppliers) for more business. It’s that simple – approving benefits him; rejecting doesn’t.
Having said that, what is even more bewildering is that we can elect a majority of representatives under whichever party and the majority of them don’t see any conflict in him being Chairman either!!
If “planning” ever got around to “planning”, Al would be a logical and excellent advocate for development just as I expect Gina Ebanks at DoE would be an excellent advocate for protection of the environment. And it is divergent views from people like them that should be essential to help us “plan” what we want to do with Cayman going forward. But when’s the last time we reviewed and revised our Development Plan??
Now imagine the hue and cry that we would hear if Gina Ebanks was appointed Chair of the CPA.
Maybe I’m the one lacking that “common sense” that Al, his board members and our elected representatives have – maybe.
Mr Thompson spoke honestly and in so doing demonstrated brilliantly everything that is wrong about “governance” in Cayman. The saying used to be “I have several degrees from the University of Hard Knocks, I don’t need one from these other ones like Harvard and Oxford”. The “common sense” and conflict of interest of people like Mr Thompson and others on these boards in Cayman is the main reason things are such a mess and Legge is able to say with justification that corruption is systemic.
I have always found those who refer to their degree from the “University of Life” to be total jerks.
The PAC must be congratulated for taking this bold step and summonsing the Chair of the Planning Board. What an absolute disgrace in the way that Board conducts public business!
Such admissions by the Chair are enough for the entire Board to be dismissed. Admissions that the Board ignores the advice of professionally trained and employed professionals, and claims that it knows better than anyone else how to deal with these matters using their own knowledge it nothing short of pathetic!
ALT claims to be qualified Architect. What buildings or developments did he design? Having an Architectural qualification does not make one an Architect. And even so, when Architectural advice is required it should be provided by the professionals employed in the Planning Department so that there is a written record of the advice and thereby making the process transparent.
But the blame does not stop there. Even after receiving such a negative Report from the Auditor General our esteemed Minister turns around and re-appoints the same exact membership to the Board. What do you call that? Is that not corruption? Or is he and the entire Government afraid of losing the political support of the big ALT and all his wealth?
Enough is enough. In fact enough is too much. Change the Board and let the new Board hold its meetings in public. The time has come!!!
Corruption is rife in the Cayman Islands.
The PPM have proven they are no different than the UDP in dealing with conflicts of interests as they chose to reappoint the same CPA board that was the subject of the AG’s report.
Surely, there has to be well educated and better qualified younger Caymanian’s that can fill this post ? If so, CIG should just get rid of the Dinosaurs in planning. Its time to set a precedent that they wont be bullied by someone that peddles lumber & sheetrock.
I don’t understand why this Administration of the Cayman Islands would appoint a man like ALT to be Chairman to CPA.
Knowing that he is a owner of the largest hard ware store in the Cayman Islands, knowing that he don’t have the qualifications or experience, knowing that he is a member of the big boy club , how could they have not seen that all of this is a conflict of interest to the job .
Successive Govts have enabled Al T in this way. Its only now being gradually questioned because the people are starting to get restless about all the conflicts that exist – not because the politicians want to change anything. Let’s face it, we shouldn’t need an AG report, and then later questions from the PAC, to see that the CPA is seriously conflicted from top to bottom. A disgrace, but disgrace is the norm here.
Actually, successive governments have wallowed in corruption when it came down to money…… And it ALWAYS comes down to money!!! Will we ever see a change? Well, er-r-r…. ah-h-h …. Have we ever?
Big family lots of money lots of votes…
This is what the ppm does they fail to see any conflicts with Gerry Kirkonnell on the Port Authority Board as Deputy Chairman either. The Old boys club and party supporters run this government so conflicts are ignored as a quid pro quo.
Under a Mac UDP government this would not even be discussed and most of the commentators would have a sense of apprehension if they commented at all. To be balanced CNS should also publish a photo of Al T with Mckeeva. I am sure you can dig one up.
CNS: Clearly you were not reading CNS during the UDP administration. I don’t think that McKeeva Bush would agree that he was treated lightly on this site.
I’m working on a cure for corruption , but I running out of hope and money.. Help us dear Lord may you can cure it .
Da wa u get!
David Legge was right corruption is systemic here. Most persons do not understand what it looks like because they are so used to business as usual mentality
Would that be the same guy who got a status grant in the big crony handout?
The problem with David Legge’s comment, is how and when he chooses to apply the logic of corruption. Front page of today’s paper is about another development, with the CPA coverage making page 8. A Dart controlled paper, that advocates for development, isn’t going to start blasting the CPA that pushes his boy’s agenda. XXXXX Caymanian owned businesses need to stop supporting the compass, especially the telecoms firms.
Who needs degrees or expertise when you have a cabal claiming to exercise “common sense” while they all have horrific conflicts of interests and financial interests in supporting proposals for development made within their cartel?
I consider myself a tree hugger, but I’m in construction and I’ve seen first hand some of the nonsense DoE and Water Authority pull on developers. Someone has to weigh all the “recommendations” and make an intelligent decision, otherwise there would be no development.
Example, DoE recommended that the Kimpton hotel be moved another 50-80ft back from the water line to account for “global warming.” Are you kidding me? The damn road was moved to make room for Kimpton and it’s the furthest setback hotel on SMB. If it’s ever in danger, all the other resorts will be under water. Planning overruled it as they should have, but took public criticism.
I fully support open meetings, but the Planning board needs the authority to weigh recommendations from DoE, Water Authority, NRA, and all the other so called, “government experts.”
No room for you on my ark.
WOW…
I actually don’t agree with you at all. Many of the buildings that would be in danger were built prior to the world fully understanding global warming and in fact many are still not in agreement.
DoE would be making the right decision. Let me say that ONCE more. DoE would be making the RIGHT decision in ensuring any future developments built do so with this in mind.
CPA deserved all the criticism it got on overruling as it would be a stupid decision to not consider coastal erosion and increased water levels.
It appears to me…..that…..common sense is not as COMMON as we once thought!!
A tree hugger you are not.
It is not for the planning authority to protect a private enterprise from its own folly. AGW may or may not raise sea levels, but as long as Dart is aware of all of the information, and complies with the building regs, they should be free to build their hotel where they wish.
This is serious, but then again quite a few Ministers are in the same position obviously flying by the seat of their pants without any type of relevant credentials. What a poor example the CPA chair is setting for future generations by dismissing the advice of technocrats.
It’s like bloody Alice in Wonderland in this country. I’m Caymanian, can somebody please let me out of this loony-bin!!!
“Thompson said the CPA did not dismiss all the technical advice but said there were times when they did. He justified dismissing recommendations from environment, water and planning experts… because he didn’t think their advice was accurate.”
Hush…I am a qualified Architect….
The trouble here is that Conflict of interest must never be allowed to interfere with the commercial rewards of the entitled wealthy.
Assuming that Coflict of interest is something any of them would recognise.
Probably takes advice from Big Tony Eden and simply checks if the Good Book makes reference to any EIA and the like.
You think it is bad now wait until the end of the year. A lot roll over coupled with the rolling stone of resignations, the UK June referendum over Europe and then the election circus gathering pace. I don’t think that this is going to end well.
Wow its a good job we aren’t a 3rd World Country!
Third world attitude from the ground up.
The 3rd world status application has been in for a while.
The ppm and minister Kurt Tibbetts do not have the courage or political will to remove ALT as chairman of CPA. His responses proves that this is another example of the tail wagging the dog. Thompson practically challenged the ppm to issue the directives to change the way things have always be done. Unbelievable stuff but……
Just Another day in Absurdistan
It’s just Mr. Thompson the majority of the CPA members are conflicted. PPM need to replace all them