The absence of the Local Government (Amendment) Bill affords town clerks the power to defy the instruction of the town council to which he/she is supposed to be legally accountable.
This is the conviction of University of Guyana (UG) Registrar Vincent Alexander, who serves as a commissioner on the Guyana Elections Com-mission (Gecom) and has participated in bids to reform Guyana’s local government structure.
Speaking to Stabroek News on Friday, he said that President Donald Ramotar’s decision to withhold his assent from the Local Government (Amendment) Bill has far reaching implications as it relates to the attitude and behaviour of Georgetown’s current Town Clerk toward the Mayor and City Council (M&CC).
Since Carol Sooba was appointed to act in the position following the dismissal of Yonette Pluck 16 months ago, Mayor Hamilton Green and the councillors of the Georgetown municipality have complained bitterly, on numerous occasions, of her refusal to comply with their instructions.
They also accused the Local Government Ministry of enabling Sooba’s behaviour since on many occasions it has chosen to deal exclusively with Sooba on matters relating to the city. The mayor has said that often there are meetings between the government and Sooba without him being notified.
The council even passed a vote of no confidence against Sooba in an attempt to remove her from the position but in the absence of a Local Government Commission, only the the Local Government Minister holds the power to fire Sooba.
And the council probably knows not to expect sympathy from the ministry on this matter, as Local Government Minister Ganga Persaud himself has lauded the work Sooba has been doing. In fact, the Local Government Ministry recently decided to confirm Sooba to the position, despite arguments that she was the least qualified of all the persons considered for the job.
In essence, even though the Town Clerk is legally under the control of the Town Council, the close relationship she shares with the Local Govern-ment Ministry gives her protection from any sanctions by an obviously unsatisfied Town Council. This relationship exists, and is maintained, Alexander suggests, because the relationship the Town Clerk shares with the Local Government Ministry affords it some amount of control of the administration of the city.
And since the ministry, being the only body currently empowered to discipline her, seems to approve of Sooba’s doings, it is unlikely that Sooba will be affected by what the councillors see as her insubordination. This is exactly what the Local Government (Amendment) Bill is supposed to address.
If the Bill is assented to, and its provisions implemented, Persaud’s exclusive power to sanction the Town Clerk, or any other councillor for that matter, will be taken away and given to the Local Government Commission.
Ramotar has said that such changes conflict with Guyana’s constitution and cannot be agreed to by his government.
The implementation of the Bill would also mean that the government would lose the ability to protect the Town Clerk, and that she would once again be required to carry out the instructions of the Town Council, and would probably be reproached for failing to do so.
A precedent
Alexander said the conflict which now exists between the M&CC and the office of the Town Clerk was created some time ago under the Jagdeo administration, and has worsened over time. He said it started with former town clerk Beulah Williams, persisted with Yonette Pluck when she was appointed to the position following Williams’ dismissal, and now continues following the appointment of Sooba.
Both Pluck and Williams came under criticism by Mayor Green and other councillors, but no actions were taken against them.
He said the matter has progressed this way because Local Government Ministers who served during the tenures of these clerks never took disciplinary action against them, despite the plethora of complaints made against them by Green and other councillors.
As a matter of fact, Persaud has said that Sooba was justified in defying certain orders given to her by the M&CC since they were not in accordance with Guyana’s laws.
“It seems that the Town Clerk was taking orders from the Minister, who through the office, got some amount of control of the administration of the city,” Alexander said.
Both Pluck and Williams were eventually dismissed from their posts. Williams was dismissed following a Commission of Inquiry carried out by economist Keith Burrowes into irregularities at the municipality. The inquiry was intended to do several things including look into irregularities identified in the AG’s report with regard to the Town Clerk’s office.
Williams was eventually found culpable for several irregularities and was dismissed by the Local Government Minister. Pluck was dismissed following an investigation by the Office of the Auditor General. When Pluck was sent on leave in 2012 to facilitate the investigation, Sooba was appointed by the Local Government Ministry to act in the position. The decision was greeted with protest action by the municipality’s councillors.
