Local Government Minister Kellawan Lall has appointed Yonette Pluck-Cort as Town Clerk—a move that some councillors fear will result in “a total breakdown in respect.”
At a press conference yesterday, Lall announced the appointment of Pluck-Cort, who has been serving in an acting capacity since 2008. “…It may not bring the politicking to an end, but [it] will deal with this matter that has been outstanding for some time—the appointment of a substantive Town Clerk,” he said.
Justifying the decision to appoint Pluck-Cort, Lall cited section 332 (1) of the Municipal and District Council Act Chapter 28:01, which says: “If at any time any difficulty arises in connection with the application of this Act or in bringing into operation any of the provisions, the Minister may by order make any provisions that appears to him necessary or expedient for removing that difficulty.”
Lall had expressed his dissatisfaction in the turn of events in the filling of the post by the Mayor and City Council. “My problem is that this matter has been going on for some time this scuffle—there is some political ruffle—and it is over-spilling onto the administration of the council, so over the past few weeks there have been difficulties and I intend to remove that difficulty so that it does not deteriorate any further,” he said.
The disagreement over who should be the Town Clerk started when the Mayor and City Council published applications for the post. While Pluck-Cort had applied for the position, she did not attend her interview, which disqualified her. Of the remaining applicants, Public Relations Officer Royston King gained the most points and was recommended by the Personnel and Training Committee to fill the post. Some councillors subsequently moved a motion to have King begin performing the functions of Town Clerk pending his confirmation by the Minister, and Pluck-Cort revert to the substantive position of Deputy Town Clerk. Lall subsequently said that the motion, moved by Councillor Ranwell Jordan and seconded by Gwen McGowan, was “null and void” since it collided with the provisions of the Municipal and District and Councils Act.
At a statutory meeting held on Monday, Councillor Jordan brought to Mayor Hamilton Green’s attention the fact that an Order of Prohibition had been issued by the High Court against Pluck-Cort. However, the meeting had been adjourned because councillors were divided over the interpretation of the order.
Jordan and councillors supporting his stance, backed by a letter from the office of Hughes, Fields and Stoby, argued that Pluck-Cort should remove herself from the office of Town Clerk as a result of the order.
The order was issued by Justice Diane Insanally, who 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.”
Yesterday, Lall stated that he had sought advice from the Attorney General and stated that the interpretation by Jordan’s lawyer, Nigel Hughes, was incorrect. “Now there is no such decision handed down by such judge prohibiting or restraining the Town Clerk from carrying on the duties of the Town Clerk,” he said. “I take umbrage to this legal form, uttering warning and veiled threats to the TC, which is clearly out of their field,” Lall further added.
In an invited response to the minister’s announcement, Jordan said, “If that was so, I think that is a retrograde step by the Minister to appoint someone who was mentioned in the report that was submitted in relation to the City Clerk and the Treasurer carried out by Mr (Keith) Burrowes.
And that officer was identified in that report as one that ought not to be named as Town Clerk. And based on the performance of that officer over the period, I think that the council will now have to look at other actions that it will take to ensure that we have someone who can really carry the council at this point in time.”
Agreeing with Jordan was Councillor Patricia Chase-Green. While she admitted that the Minister under the section that he referred to has the right to make the appointment, she said she found it “very strange” since the minister “is going to cause more confusion and conflict with the officers and council.”
“The minister should not take what is allegedly said to him by any one councillor. He needs to collectively call us together and discuss the matter and hear the views of everybody. And secondly, this matter is addressing the court so for the minister now to come forward to pass judgement is prejudicial to the court order,” Chase-Green added.
Chase-Green will be moving a no confidence motion against Mayor Green at the statutory meeting next Monday. The motion, which has been seconded by Councillor Llewellyn John, cites Green for allowing Pluck-Cort to carry out duties contrary to the wishes of the Council, expressed in a resolution of the motion for King’s appointment.
“Be it resolved that this Council has no further confidence in Mr Hamilton Green carrying out the functions of Mayor of and Councillors of the City of Georgetown,” Chase-Green’s motion says.
