Dear Editor,
Please refer to a letter which appeared in your Stabroek News issue of Friday, August 29: “City council’s no-confidence motions are taking precedence over critical matters citizens want addressed” by Norman Whittaker, Minister of Local Government and Regional Development.
The Minister is either confused or deliberately trying to mislead citizens of Georgetown. Here are the facts:-
1. Under section 326(4), the Minister is empowered to exercise the powers conferred on the Local Government Service Commission under Section 116(1) until section 95 comes into operation, ie, the commission has been legally established. Once section 95 has come into operation, the power of the Minister to appoint any local government officer to any office the emoluments of which exceed $18,000 per annum immediately ceases, since such a power immediately vests in the said commission.
It is clear that section 95 establishes as a statutory body a Local Government Service Commission. Since the establishment of the said commission must necessarily precede the appointment of its members, the fact that the appointment of members to the commission has not been made by the Prime Minister (now the President) under section 96 does not at all mean that there is not in legal existence a Local Government Service Commission. In other words, the omission or failure of the Prime Minister (now the President) to exercise his power of appointment under section 96 does not negate the creation of a Local Government Service Commission by the operation of section 95. It is therefore clear that, as a matter of law, there is a Local Government Service Commission whose existence had begun since the coming into operation of section 95.
2. The decision of the Chief Justice Mr Ian Chang, dated April 10, 2014, states: “The decision of the Minister of Local Government appointing Carol Sooba as Town Clerk for the Municipality of Georgetown is quashed by Certiorari as being ultra vires the provisions of the Municipal and District Councils Act, Chapter 28:01 order or Rule nisi of Certiorari made on the 13 December 2013 made absolute.”
The council is a local government authority with powers prescribed in the law – Municipal and District Councils Act, Chapter 28:01. Sections 72, 73, 77, 78: “There shall be for the City Council the following local government officers, namely―
(72)
(a) a town clerk;
(b) a municipal treasurer;
(c) a city engineer;
(d) a medical officer of health;
(e) A clerk of markets;
(f) Such other officers as the council deems necessary for the performance of its functions under this Act, the Public Health Ordinance or any other law.
“There shall be for the Town Council the following local government officers, namely―
(73)
(a) a town clerk;
(b) a municipal treasurer;
(c) an engineer of electricity and water works;
(d) a clerk of the market;
(e) a health officer;
(f) Such other officers as the council deems necessary for the performance of its functions under this Act, the Public Health Ordinance or any other law.
“(77)
(1) The emoluments and other terms of service of local government officers shall be determined by the council in which they are serving.
“(78)
(2) A council may assign duties to a local government officer in its service and such local government officer shall faithfully perform and discharge all such duties.”
These laws are very clear on the authority of the council as it relates to its employees.
Further, it should be noted that, Madam Justice Y Cummings-Edwards, Justice of Appeal, June 27, 2014, refused an application for a stay of the Chief Justice’s order, by Ms Carol Sooba. As a consequence, the Chief Justice’s decision remains in force.
Appeal of the Chief Justice’s decision notwithstanding, the council, as a responsible organisation, has the right and responsibility to ensure the integrity of its internal administrative systems. Therefore, we reject wholly the Minister’s opinion that the council does not have the authority to discipline its employees. The council has the power. We have always exercised that authority to interview, select, recruit, manage and discipline our employees.
We regret the necessity to point out that officers within the employ of council are paid by the council, not the Minister of Local Government and Regional Development.
The people of Georgetown have elected their Mayor and Councillors, they are the people’s representatives. The council has said and continues to say that it cannot work with Ms Carol Sooba.
Therefore, the Minister has no right or authority to force Ms Sooba on a duly elected council. This is unethical, immoral and undemocratic. It is this bullying action of the Minister that is causing no-confidence notions to take precedence over other issues. Minister Whittaker’s imposition of an unqualified, untrained, rude and disrespectful individual in the office of the Town Clerk is affecting the systems at City Hall. We will neither accept nor allow the Minister to bully this council.
Further, the scenario described by the Minister at point 2, in his letter, adequately describes the behaviour of his Town Clerk (ag) Ms Sooba.
As a consequence, the officers―Ms Sooba and Mr Ron McCalman remain on administrative leave as per the decision of the council, made at its Statutory Meeting of Monday, August 25, 2014.
3. We have noticed that, the different sections of the law to which the Minister referred, in his letter, sections 116-119; 326 (4), (5), and (6), are irrelevant to our arrangement with the Republic Bank Inc. Further, it has not escaped our attention that the Minister has distorted section 149 of the law which states:
“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 authorized 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 authorized by the council on that behalf:
“Provided that the following payment may be made out of the general rate fund without an order, that is to say-
(a) Payments made in pursuance of section 22;
(b) Payments of allowance to councillors;
(c) Payments of emoluments and allowances to any local government officer in the service of the council (other than daily or weekly paid employees);
(d) Payments not exceeding one hundred dollars in relations to services provided for in the estimates.”
The abovementioned section speaks specifically and directly to the relationship between the council and its bankers. The law states “…: 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 authorized by the council on that behalf.”
We wish to make it clear that the council’s accounts belong to council. Under the law, only the Mayor and City Council has the authority to decide who should be signatories to these facilities; not the Minister or anyone else. This is vital.
Therefore, unless the Minister of Local Government and Regional Development can state the specific law which gives him the authority over our accounts, the council’s decision remains in force.
Yours faithfully,
Hamilton Green
Mayor of Georgetown