The statutory meeting of the Mayor and City Council yesterday was adjourned by the mayor an hour after it started on account of “gross disorder” by councillors.
There was a walkout by some councillors after the council was torn on the interpretation of an Order of Prohibition issued by the High Court against acting Town Clerk Yonette Pluck-Cort.
Mere moments after the meeting convened yesterday afternoon at City Hall, Councillor Ranwell Jordan pointed out to Mayor Hamilton Green an injunction that was issued by the High Court against Pluck-Cort prohibiting her from sitting as Town Clerk.
In the motion seen by this newspaper, Justice Diana Insanally granted an Order Nisi on April 7 against Pluck-Cort “to show cause why the Deputy Town Clerk should not be prohibited from acting as and/or exercising the Powers of the Office of the Town Clerk as her actions are ultra vires, null and void.”
Pluck-Cort has until May 16 when the matter will come up again in the Bail Court to show cause. The order was sought by Councillors Jordan and Gwen McGowan-French.
In a memorandum directed at Pluck-Cort it said “neglect to obey this Order by the time herein limited you will be liable to process of Execution in the purposes of compelling you to obey the same order.”
However the council broke down into a shouting match as councillors were divided on the interpretation of the Order.
“Please be advised that as a result of the said court order Ms Yonette Pluck-Cort is prohibited from discharging the duties and functions of Town Clerk until the court has heard and determined the application,” stated a letter from the law office of Hughes, Fields and Stoby and signed by Attorney-at-law Nigel Hughes.
This led to Jordan and several councillors, Junior Garrett, McGowan-French, Pat Chase-Green, testily demanding that Pluck-Cort who was present at the meeting vacate her chair.
“As result of order laid before us I advise that Pluck-Cort vacate the chair of the Town Clerk and that the Council’s nomination of Royston King to perform Town Clerk duties be informed by you, your worship as chairman of council,” Jordan told the mayor.
The mayor’s calm reply was that there were “very serious and legal implications” to the request. While noting that he had not been privy to the lawyer’s letter, advice was sought by the council’s legal advisors Luckhoo and Luckhoo.
“I am not prepared to have this matter tried here…except to say I sought the advice of council’s legal advisor and the situation remains the same. We need to urge the minister to bring a closure of the matter to an environment of confusion,” Green added.
Shortly after stating this, Councillor Chase-Green who is also part of Green’s GGG party speaking on a point of order told the mayor that he was encouraging a senior to disobey an order of the court. As she was still on the floor, there was a shouting match between PNC Councillor Garrett and PPP Councillor Davi Ross.
Blasted
Chase-Green blasted the mayor when he pointed out that he was acting on legal advice. She pointed out that the advice was verbal and not in black and white but the court order was.
“I’m not here to encourage any officer to violate any court order. How can I sit here to encourage an officer to defy a court order, this is totally wrong.”
A solemn Green reiterated that, “I’m not prepared to do anything” as he stuck to the advice he said he had received over the weekend.
“At this point in time I’m totally dissatisfied with the mayor. We are not dealing with advice from lawyers, what we are dealing with is an order from a judge, we can’t give no interpretation of an order,” Jordan rebutted.
Meanwhile, as councillors carried on about which lawyer’s advice was correct Pluck-Cort sat through the entire proceedings with a straight face. At one point she seemed a little annoyed but she did not defend herself.
As the mayor stuck to his advice, Jordan threatened a walkout. He eventually led a walkout followed by Garrett and McGowan-French, Chase-Green and another councillor.
Nonsense
However before walking out Chase-Green angrily told the mayor, “You encourage nonsense in this council. You and she disobeying the law you have failed in your leadership…”
Shortly after, another shouting match broke out with Councillor Garrett in the background shouting “illegal statutory.”
The mayor brought an end to the meeting adjourning it to next Monday.
After the meeting PPP councillor Ross told this newspaper that her argument is that Pluck-Cort should not demit her chair as some councillors requested, rather “the judge say she must give cause” why she should cease acting as Town Clerk.
Carol Sooba, the M&CC’s legal officer, told this newspaper that Nigel Hughes’ interpretation of the order “is incorrect” since “when the judge makes an order it would have said specifically what the order is and if you see it says she must show cause” it never said anything about leaving office.
The dissension over the removal of Pluck-Cort began about three weeks back when Public Relations Officer Royston King received the highest points during an interview process to select a candidate to fill the vacant post of Town Clerk.
King along with several other persons and Pluck-Cort had applied for the position when it was advertised by the M&CC some time back. Pluck-Cort did not attend her interview. King meanwhile received the highest points among the other interviewees and was recommended for the post by the Council’s Personnel and Training Committee.
In March, Jordan seconded by McGowan-French moved the motion to have King “forthwith commence performing the functions of Town Clerk pending his confirmation by the Subject Minister.” It also asked that “with immediate effect the Deputy Town Clerk [Pluck-Cort] cease acting in the office of Town Clerk and revert to the substantive position of Deputy Town Clerk” and that “with immediate effect the Deputy Town Clerk prepare the requisite handover or takeover statements of all charters, deeds, records and other documents belonging to the council.”
However the motion was declared null and void by the then Minister of Local Government Kellawan Lall saying he had not granted approval in keeping with the law for the appointment.
“As minister I have to approve a recommendation for who should be the chief executive officer and in the other instance acting or exercising the powers of the commission, I can appoint not merely approve, appoint,” Lall was quoted as saying at a press conference last month.
The minister further pointed out that the motion collides with the provisions of the Municipal and District Council’s Act. The validity of the motion was also considered “improper and irregular” by attorney for Pluck-Cort, Robert Ramcharran.
