Dear Editor,
No-confidence motions seem to be a popular agenda item at statutory meetings of some Municipal Councils and Neighbourhood Democratic Councils, the most recent ones being at the city council’s recent statutory meetings of Monday, August 25, 2014.
1) These take precedence over the important and the critical matters that citizens would wish to see addressed, including their applications for approval of their building plans, the inadequacy of the solid waste disposal collection and disposal plans and the implementation of these plans; poor drainage systems; run down market infrastructure, etc.
But of what effect are these often ill-conceived motions that are for the most part rooted in personal vendettas and personality differences among those against whom the motions are directed and those promulgating these motions. Often the mover/s puts personal interests above the broader interests of those who pay them to provide services.
The city council’s recent three motions must be viewed in this light.
2) As the subject Minister of Local Government and Regional Development I have always sought to determine and to rationalize the raison d’être behind every such motion. For me the city council’s recent no-confidence motion must be seen for what it is: an attempt to hide its inadequate performance, its ineffectiveness, its incompetence, its inertia behind raucous exchanges that are more suited to some rowdy type of rumshop.
For all the above reasons and more, I sought the legal opinions of our esteemed and learned Minister of Legal Affairs and Attorney General on the recent matters that occasioned the dissension that is now a feature of every city council meeting with a view to determining if indeed the council is taking the right course. The Minister’s legal opinion is captured below.
“No confidence motion and removal of Town Clerk from office
“1. It is common ground that under the provisions of the Municipal and District Councils Act, Cap 28:01, Laws of Guyana, the power to appoint persons to hold or act in any Local Government offices and the power to exercise disciplinary control over such persons and power to remove any such persons from office vest in Local Government Service Commission. See section 116 (1) Cap. 28:01.
“2. The office of the Town Clerk is one of the offices referred to in one (1) above.
“3. It is also common ground that section 326 of the said Municipal District Councils Act, Cap. 28:01 provides that until the coming into operation of the aforesaid Commission, the powers conferred on the said Commission as outlined above shall be exercised by the Minister of Local Government.
“4. Therefore, the Georgetown Mayor and City Council has absolutely, no power whatsoever, to exercise any form of disciplinary control or to remove from office, the Town Clerk.
“5. Therefore, while, theoretically, it may be possible to pass a ‘no’ confidence Motion against the Town Clerk, no resolution, resulting therefrom can be enforced by removal of the Town Clerk from office because it is only the Minister who can remove the Town Clerk from office.
“Signatory to bank account
“6. Section 149 of the Municipal and District Councils Act provides that:-
all payments on account of a council shall be made by the treasurer in pursuance of an order signed by two councillors who are members of the Finance Committee and who are authorised by the Finance Committee in that behalf: and all cheques for payment of moneys shall be signed by the treasurer and countersigned by the clerk or such other local government officer as may be authorised by the council on that behalf:
“7. It is abundantly clear from section 149 that the treasurer and the Town Clerk are the two duly authorised by the law to be the signatories on cheques. Only in their absence or due to some inability on their part is the Council empowered to authorise another officer to sign.
“8. Any person who signs a cheque other than the treasurer and Town Clerk is acting unlawfully and may also be acting fraudulently. If such a situation obtains then it should be reported to the Police.”
Yours faithfully,
Norman Whittaker, MP
Minister of Local
Government and
Regional Development
