iLocal News Archives

The Editor Speaks: Rules are made for breaking (and violated, even)

Or more correct – “rules are meant to be broken”.

This means if something has to be stated as a rule, it is something that is not absolutely necessary, but rather preferable. So while theoretically you would be better off never breaking the rule, it’s expected that you have a tendency to break the rule.

This is particularly true when it comes to government bodies.

They make the most rules because they know they can ‘flout’ them.

Of course, it is not intentionally done. (Yes, we know it is). Most of the time it is not discovered.

In the case of the appointment of ex MLA Marco Archer to become the chief executive officer for the Cayman Islands Stock Exchange (CSX) in 2017, it was discovered.

In fact as much fuss was made about Archer’s appointment, who is a Caymanian, as if it was an ex-pat who had obtained the position.

But Archer was a politician and even a very hard working one makes enemies. Especially if he was on one side of the House and the person and persons making the most noise about the appointment, were on the other side.

In this case, MLA from North Side, Ezzard Miller. And Miller knows all the rules. He is also Chairman of the Public Accounts Committee. He discovered Archer’s appointment by Anthony Travers, Chairman of the CXC board, flouted the rules.

The result was much postulating and finger pointing, and accusations when everyone should have been happy. A well qualified Caymanian had got the top job.

A clear case of ‘rules are made for breaking’.

Instead of it laying there the Auditor General/Internal Audit Service (IAS) was brought in to investigate. Her findings were headlined in various of media outlets here with headlines like “CSX board violated law over CEO job”.

Don’t you just love the word ‘violated’?

I had a mental picture of a Damsel In Distress tied down on a bed and an evil mad man leaning over her threatening to do some devilish deed of violation……..?!

What an imagination I have….

Yes, the IAS did find that Archer’s appointment was not in compliance with the Public Authorities Law. Nevertheless, the auditors found that the flouting of this law would not have affected the eventual outcome – Marco Archer’s appointment and the VIOLATION of the law stemmed from misunderstandings of the meaning, intent and application of the law!!

There we are. A clear case of ‘rules are made for breaking’.

Don’t you love happy outcomes, even when something has been violated?


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