City Engineer Colvern Venture has secured an interim injunction against the Mayor and City Councillors who have publicly declared their intention to dismiss him from his post despite not actually having the power to do so.
Venture was granted the injunction by the High Court yesterday. The Mayor and City Council (M&CC) has been given until March 2nd to submit its affidavit in defence, while Venture (the Applicant) has until March 15th to respond, if necessary.
The matter will then be returnable before acting Chief Justice Roxane George-Wiltshire SC, for March 23rd.
In his fixed date application, Venture, through his lawyer, Ronald Burch-Smith, is asking the court to grant an order of prohibition preventing the acting Town Clerk, Mayor or Council from exercising any disciplinary functions or imposing any disciplinary sanction against him or from terminating his employment without the approval or permission of the Local Govern-ment Commission or Order of Court.
Venture, who was suspended without pay from his post by the Council on January 25th, is also asking that the suspension be quashed.
The application, is intended to forestall the tabling of a motion for the “Termination of Contract of Employment of the City Engineer.” This motion was the only agenda item of an Extra Ordinary Statutory Meeting of the Council which was scheduled for 2 pm yesterday.
The motion is premised on the Mayor and Councillors purportedly being empowered by Sec-tions 74 and 75 of the Municipal and District Councils Act to employ officers to carry out functions and the contention that it is “in the interest of the Council” to terminate Venture’s employment.
Notably the motion, in violation of procedures, provides no reason for the termination beyond the “interest of the Council”.
There is no mention of any attempt to exercise natural justice principles, including allowing Venture to respond to any accusations against him. In fact, there are no accusations made in relation to the officer’s performance of his duties.
The motion also misrepresents Sections 74 and 75 of the Act. These sections do not grant the Mayor or Councillors any powers; rather they list the specific “Local government officers” who should be employed at the Council.
The duties and powers of the Mayor and Councillors are listed at Section 8A and include such things as developing and evaluating policies and programmes for the municipality as well as making efforts to raise the levels of civic consciousness of the residents of the municipality.
In fact, Venture, though his lawyer, has used the same sections in his application for relief as well as the Local Government Commission Act.
The M&CC and Town Clerk who are listed as respondents are being represented by attorneys Roysdale Forde SC and Olayne Joseph.
