Chairman of the Local Government Commission (LGC) Julius Faerber yesterday maintained his position that he had the authority to unilaterally appoint junior staff member Candace Nelson to act as Town Clerk of the Mayor and City Council (M&CC), saying that the appointment will be up for ratification at the Commission’s next statutory meeting this month end and if it is opposed then it will be rescinded.
Hours after the Commission’s last statutory meeting, at which Sherry Jerrick was unanimously reverted to her substantive position as Deputy Town Clerk, Faerber said that in consultation with Deputy Commissioner Norman Whittaker he decided to appoint Nelson as the M&CC could not be left without a Town Clerk.
Speaking at a press conference yesterday, where he was accompanied by Whittaker, Faerber maintained that he had the authority to make the appointment and claimed that as Chairman he would normally make decisions between meetings which would be ratified at the next statutory meeting.
“So [the] next statutory meeting is going to be at the end of August and that is where I will be taking that decision for ratification. So from the last meeting that was held to this meeting I have that authority to make decisions between meetings,” Faerber maintained at a press conference at the Commission’s Oleander Avenue, Bel Air office.
He referred to Section 30 of the Local Government Commission Act, which says the Commission may make rules and regulations to give effect to the law. Section 30(b) specifically allows for the Commission to make rules and regulations pertaining to its procedures.
“So that is the part of the Act that has given me that authority to prescribe and this did not only happen in this Commission it took place at the last Commission…,” he added.
In his letter to Nelson, Faerber had said that the decision to appoint her was made by the Commission in keeping with the authority vested under Sections 13 and 14 of the Local Government Commission Act. These Sections grant the eight-member Commission, acting as a body, the right to appoint, promote, dismiss and discipline staff.
This newspaper had previously reported that a quorum of three members is needed for a binding Commission decision.
However, Faerber yesterday said the decision had nothing to do with a quorum since it was not a statutory meeting but one between himself, his deputy and the Commission’s administration.
It is unclear why Faerber made the decision outside of the statutory meeting as the government has the majority on the Commission.
Pressed as to the reason the decision was made after that meeting instead of at the statutory meeting, Faerber said, “Because we had a few names we had to look at and we could not have been discussing that at the meeting because there was no concrete information for us to discuss it at that meeting”. Because of that, he said, they had to sit administratively and then arrive at the decision.
He said the meeting lasted over four hours and not once was the issue of who would be filling the acting position raised.
But opposition-nominated commissioner Nicola Trotman has said that her requests for information on who would replace Jerrick were dismissed by Commissioner Carvil Duncan, who claimed that the issue of a replacement was not on the table for discussion and would be addressed at a later date.
Asked about this, both Faerber and Whittaker denied that the issue was raised. “Whoever is telling you all is misleading you all, we did not discuss replacement of Ms. Jerrick…,” Whittaker maintained.
By the Commission
Two opposition-nominated Commissioners, Trotman and Joan-Ann Romascindo, have publicly said that a replacement was never discussed at the July 27 statutory meeting, which was held the same day Nelson received her appointment letter to act.
Whittaker, supporting Faerber’s position, said that in all local authorities that he has served the Chairman of that authority is authorised to make decisions between meetings. He said when he served as Regional Chairman the law permitted him to take decisions on behalf of council in between meetings because the work of the council had to go on. At the next statutory meeting the matter would be taken for ratification and if it does not get the numbers it would be thrown out.
He said that a decision to revert an employee from one position to another necessarily implies a consequential decision to effect a replacement as a matter of urgency. Observers note that the LGC – a regulatory body – cannot be compared to a local authority,
“I am saying to you that the Chairman of the Commission acts as the commission between meetings. But decisions that the Chairman takes between meetings has to go the next statutory meeting for ratification,” he stressed.
He cautioned that the media should be careful of those “with their own agendas (who) would want to take you on a run”.
Initially Faerber said that the decision to appoint Nelson was made by the Commission but pressed later by this newspaper he later denied saying it was the Commission and that it was he, the Chairman, who made the appointment.
“After the reverting of Mrs. Jerrick to her substantive position there was an appointment to have Mrs. Nelson acting in that position. We could not have left the Mayor and City Council without having someone taking over the mantle and so the Commission appointed Mrs. Nelson to act as the Town Clerk until such time when the Commission will be advertising for the various positions at the Mayor and City Council,” he said initially.
“The decision to have Mrs. Nelson acting was a decision made by the Chairman and not through the statutory meeting,” he later said.
Asked about the procedure of identifying Nelson, the Assistant Human Resources Manager, to act in the position, the Chairman said during the meeting with Whittaker and the administration of the Commission her name was among those that were presented for recommendation and it was noted that she had previously acted as Town Clerk and that her position today was Assistant Town Clerk.
“Further to that when she had acted she was recommended by the Council to act during that period and so taking into account…those matters that were discussed I had taken the decision to allow Mrs. Nelson to act until such time,” the Chairman added.
He listed one other name, Julian Orgista, the acting Deputy Town Clerk, whose name was also put forward but noted that the issue of seniority arose as his substantive position is that of Work Supervisor while Nelson’s substantive position was Assistant Town Clerk. He said they also took into consideration the period when she acted and it was felt that she had more experience and she was offered the said position.
The Chairman said there was a pushback by the Mayor Ubraj Narine to Nelson’s appointment as he had refused to see Nelson and later instructed the staff that Jerrick would continue to act and they should disregard Nelson’s appointment.
Yesterday the Chairman said he had a meeting with both Nelson and Jerrick and the acting Chief Constable and advised them on their role towards to the Town Clerk and not the Mayor, who is responsible for policies but is not part of the administration of the Council. He said that the Mayor has to speak through the Town Clerk and has no authority to speak to any other staff member.
Faerber stated that Mayor Narine had written him on two occasions to have a meeting – once when the Commission was having an administrative meeting with staff of the council to discuss the issue of many of them being made redundant by the Council and again on the issue of the Commission reverting Jerrick to her substantive position. On the first occasion, Faerber said, he informed Narine that the meeting was for administrative staff and even though the Mayor did in fact turn up to the meeting he was politely asked to leave and he left. On the second occasion, the Chairman said he informed Narine that since the council had taken the matter to court it was now sub judice and he would not discuss same.
Narine also held a press conference yesterday where he maintained his rejection of Nelson’s appointment, while arguing that Faerber’s actions were unlawful.
In a statement, Narine accused the commission of failing in its mandate to fill vacancies at the municipality while selectively appointing an individual to function in the capacity of “Interim Town Clerk”. “This act can only be seen as another attempt to deliberately stymie the work of the city council at the behest of some elements of the political directorate.”
He confirmed that he wrote Faerber on multiple occasions to engage him but claimed his letters were rebuffed.
Narine’s statement said he expressed concern for the efficient administration of services in Georgetown, especially the consequences that Faerber’s actions will have on the vendors.
