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Millions more in paychecks, new proposal gives hospitality workers entire service charge

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#Providenciales, Turks and Caicos Islands – Hospitality workers are on the brink of seeing their salaries significantly embellished as the Service Charge (Hotels and Restaurants) Ordinance (2004) is revamped, renamed and ready for the House of Assembly for debate.

The Minister with oversight of the coming legislation, Deputy Premier and Employment Minister Sean Astwood confirmed to Magnetic Media about the split on the service charge proposal: “They will get 100 percent of the 10 percent.”

The Minister was explaining how much the resort workers will be legally expected to take home, once the service charge law takes effect.

Premier and Finance Minister, Sharlene Robinson, to the media during a press conference in late July confirmed that the work on getting the controversial ‘pay-boost’ right has been arduous but productive.

“When I came into office there was very low participation to the survey that was already introduced by the Ewing Administration, we halted it until the Budget passed. Statistics Department not until about December did the surveys and the surveys included 30 establishments who finally decided to participate and over 500 workers in the industry.”

The Premier explained that the survey uncovered a situation of utter chaos with no legal framework for government oversight, no proper record keeping of how much was being collected by resorts and restaurants and little understanding among workers about what happens to the monies being paid by guests to the tune of millions of dollars per year.

“People don’t know how it is calculated whether it is done correctly.  We saw where some places didn’t even keep records and we heard persons of the different uses they had of the 40% that was allowed to be kept and it was such a colossal mess. We agreed, which we said to the people, that 100% service charge should go to the workers; that is our position, it maintains (our position) to this day.”

On Wednesday July 25, the Turks and Caicos Cabinet approved the revamped version of the Service Charge Ordinance, now renamed:  the Hotel and Restaurant (Service Charge) Bill 2018.

The amended law does a lot of heavy lifting according to the Finance Minister, who said though her office will shepherd the Bill to and through the House of Assembly, it falls under Border Control and Employment with the Minister and Labour Commissioner having more direct oversight of the provision.   

“It clears up the definition of service charge, because we saw tips and gratuities was also used interchangeably which is not so; it introduces a registration process for those persons who chose to levy a service charge, they now have to register and they that we are doing it and they also have to keep records and they also have to identify someone in their establishment as the Troncmaster.  That is a person that is usually in place around the world anyway when it comes to service charge, who an employee will go to and say I have questions about the calculations.  Also under this bill the Labour Commissioner can ask for documents, so he can compel documents to be given to him.

The businesses will need to keep filings and records for at least two years; these will be subject – legally – to inspections.

Penalties for establishments not complying with the law are also provided for through the revised ordinance, and those penalties will be determined by the Minister responsible.

The PDM Administration says this ‘labour benefit’ will also be fixed at 10% of a customer or client bill.  Establishments, to compensate for the losses which will come with activation of this law, can legally tack on a Facility Fee.  This fee is open – no minimum, no maximum – is framed in the new proposed legislation.

“So for those resorts, in particular, who argue that this is going straight to our bottom line and we are used to collecting this amount. We’ve introduced a Facility Fee of up to a certain percentage that they can charge and we didn’t put a minimum because if your resort can resort one percent or two percent or three percent or up to five percent then that is your call and that is for the hotel’s use.”

The Hotel and Restaurant (Service Charge) Bill 2018 is expected to reach the House of Assembly next month.

Magnetic Media is a Telly Award winning multi-media company specializing in creating compelling and socially uplifting TV and Radio broadcast programming as a means for advertising and public relations exposure for its clients.

TCI News

Crime challenges are “not Insurmountable” says New Police Commissioner Dana Malcolm

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Dana Malcolm

Staff Writer 

”At this moment I can feel the enormity of responsibility bestowed on me and the weight of accountability and expectations of the Royal Turks and Caicos Islands Police Force (RTCIPF) as well as members of the wider community.”

That was the acknowledgment from Edvin Martin, new Commissioner of Police as he was sworn into his role as head of the Royal Turks and Caicos Islands Police Force (RTCIPF) on Monday, April 22. 

“I also feel an unprecedented opportunity and a distinguished privilege to serve by leading the Police Force into an era of modern policing,” he maintained. 

A well-trained force that is averse to corruption and maintains the trust of the people is what Martin promised in the address that spoke to the Police, the residents and the criminals. 

Not only does the Commissioner say he understands the gravity of his role and the lofty expectations to reverse high crime which he described as a ‘tremendous mandate’, he maintains he has a good grasp of the issues plaguing the country. 

To the residents, Martin called on them and all stakeholders to form an anti-crime coalition with an all-hands-on-deck approach. 

“There should be no bystanders in addressing the carnage in our communities,” he said. 

Even as Martin listed the threats of immigration, terrorism, cybercrime, transnational organized criminal activity, and the associated gang violence, illegal firearms and drug trading, he assured: 

”I urge you listening to me today, do not despair, for while these threats may be challenging, they are not insurmountable.”

The process for tackling them will need a tightened-up RTCIPF, according to the commissioner, one that is focused, well trained and adequately resourced. 

For Martin this means the Royal Turks and Caicos Islands Police Force (RTCIPF) must retool, restructure and reengineer its responses.

In this vein the top cop spoke directly to officers during his address, maintaining that the public deserves an accountable Police Force.

“As a service organization there will be allegations that cause the public to question our integrity; we must seek out and purge the organization of any semblance of bias, corruption and malfeasance,” he said. 

Martin maintained the top brass now has a mandate to work to ensure fairness in work and promotions.

“Anything less than this will be an injustice— we must do everything possible to inspire confidence in our force and improve our legitimacy as gatekeepers of law and order,” said the new Commissioner. 

As part of the crime fighting plan several immediate actions are to be taken:

  • The immediate and aggressive addressing of the spate violent crimes 
  • Collaborating with stakeholders to address safety challenges in the tourism industry
  • Redefining the Police Force image to become the pride of the TCI
  • Greater technological innovation
  • Restructure the force to better align with contemporaries 
  • Frequent Town Hall meetings
  • Increased safety at police stations. 

Martin had words for the mayhem causers and their ‘glaring disregard for human life and safety’ too. 

”Under my watch I can assure you that the RTCIPF will not sit idly by and observe this unrelenting rampage and havoc. Today I call on you to put down your weapons of destruction and change your criminal ways,” he said. 

Martin, who recently retired as Grenadian PC is credited with being lead of his home force for five years, serving a total 37 years before bowing out and moving on to head the CARICOM Crime Gun Intelligence Unit. 

Only months into that CARICOM job, Edvin Martin was approved and announced as police commissioner designate for the Turks and Caicos Islands, succeeding Trevor Botting. 

“My first order of business ladies and gentlemen, this morning, is to give a special thanks to God, as He directs my path in every single thing that I do. I am grateful for His blessings and His guidance,” started Mr Martin when delivering his inaugural remarks at the outdoor ceremony. 

The acknowledgment of God was a distinctive moment that many are hoping will auger well for the mission of newly installed policing leader for the TCI. Soon after his bold remarks, Martin, with his wife looking on from the audience took the oath of office and oath of allegiance in a live streamed event. 

Also giving remarks at the swearing-in ceremony staged at the Gustarvus Lightbourne Sports Complex were Dileeni Daniel-Selvaratnam, TCI Governor and Washington Misick, TCI Premier.

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TCI News

Sonia Fulford unveiled as Flow Brand Ambassador

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PROVIDENCIALES, TURKS AND CAICOS, APRIL 24th, 2024 – Flow Turks and Caicos, leading telecommunications provider, is excited to announce its latest endorsement of daughter of the soil and TCI’s most formidable local and international female sports administration icon, Sonia Fulford. She also serves as President of TCI Football Association (TCIFA), Female Member of the Concacaf Council, and Member on the FIFA Council, within the highest ranks of football governing worldwide.

FLOW TCI Country Manager, Joanne Missick shared: “Sonia’s journey continues to inspire women such as myself leading in male dominated industries, and she continues to make our country proud both on and off the global stage. It is with great pleasure that we welcome her to the Fibre Federation, as our brand ambassador, and we look forward to the many positive outcomes this partnership will reap for our brand and for Flow customers around the Turks and Caicos in the very near future.”

Sonia, a native of the Nation’s Capital of Grand Turk embarked on her career as a multi-sport athlete for TCI, which included a long tenure as Captain of the TCI National Women’s Football Team. After a successful 14-year career in the legal field, she made a significant career shift, joining the TCIFA as General Secretary in 2006 – a decision that would lead to her becoming a sports administration icon and global ambassador for football, championing the cause of girls and women around the globe, in addition to, women in sports.

During her tenure within the FA, Sonia, a decorated leader with a plethora of local and international accolades, ascended the ranks to become the President of the FA. However, the most noteworthy appointment of her career to date, was reached in May 2013, when she etched her name into the history books as one of the first Female Member representatives to be elected to the prestigious FIFA Council, a testament of her unwavering dedication and leadership.

“I am thrilled to be aligning my brand with a company that has been an integral part of the Turks and Caicos Islands for more than 125 years. Flow/C&W TCI’s mission to empower and provide opportunities to young people in the local community and region through education and sports resonates deeply with my personal mission. Therefore, I am happy to announce today that I will be joining the Fibre Federation, Flow Turks and Caicos”, declares Sonia Fulford, Flow TCI’s newest brand ambassador and TCIFA President.

Follow Flow TCI on Facebook & Instagram for the last updates on this partnership and for more exciting announcements.

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Crime

Following Court ruling, US Embassy Doubles Down on Warning: DO NOT TRAVEL TO TCI WITH GUNS, AMMO

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By Deandrea Hamilton

Editor

Dozens of news reports are all over TV and the internet, scarring the Turks and Caicos’ reputation yet again. This time linked to what Americans view as the preposterous law, which would, without chance for legal argument, throw a tourist into prison for 12 years.  It is a mandatory conviction law on the books for possession of unlicensed guns or ammunition, and which just heard from the Court of Appeal that there ought to be no exceptions, whether it is one bullet or one gun, whether it is a tourist or a woman.

But what policymakers in various submissions in the House of Assembly back in October thought would return a win or opportunity for leniency to be injected as part of a legal defense has backfired.  Now, unequivocally, the high court has ruled that the law gives no leeway.  Anyone found with an unlicensed gun or ammunition must face what the law says is the penalty: not a fine, no reduced prison time, no exoneration, but 12 years mandatory in His Majesty’s Prison.

Now the US Embassy is doubling down on its message to travelers to the Turks and Caicos Islands.  Do not travel with your legal gun and ammunition from the US to the islands. Do not, because in the islands, your right to carry arms is not automatic, and if you are caught, you will face severe punishment, and there is nothing the US government can do about it.  There are several tourists charged and awaiting a ruling in their cases.  There is also a Grand Turk businesswoman who was arrested for a single bullet in her luggage.  While all of these matters are shocking and drawing public calls for leniency, as far as the law goes, everyone charged under it is headed to prison for 12 years.

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