The Guyana Elections Commission (GECOM) this afternoon approved motions to terminate the employment contracts of the Chief Election Officer Keith Lowenfield, Deputy Chief Election Officer Roxanne Myers and Region Four Returning Officer Clairmont Mingo.
Speaking with Stabroek News a few minutes ago, opposition-nominated Commissioner Vincent Alexander explained that the matter was determined by a vote of four in favour and three abstentions.
GECOM Chairperson Claudette Singh and the three government-nominated members voted in favour of the contract terminations, while the three opposition-nominated members of the commission abstained.
“They have been terminated in keeping with contractual provisions which provide for benefits,” Alexander said.
Government-nominated commissioners though initially requesting that the officers be summarily dismissed, later amended the motions to cater for the termination of their contracts of employment, allowing them to leave with their contractual benefits.
The initial motions, first laid on June 1, accused the officers of acting in a manner which had caused a loss of public confidence and public trust in the electoral process. They were also been accused of discarding their oaths of office and failing to act fairly and impartially or legally in the discharge of their duties.
While the motions against the CEO and Returning Officer listed numerous instances where they are alleged to have acted contrary to GECOM protocol and law, the motion against the DCEO accused her of aiding and abetting the CEO in his unlawful action but did not provide any particular action which was taken by the officer in furtherance of this.
In a statement issued this afternoon, GECOM said the decision taken was provided for by Singh after weeks of deliberation on the motions brought to the Commission by the government nominated Commissioners seeking the removal of those persons from office.
It added:
Justice Singh posited:
- That although they hold public / statutory office, they are not public but rather contractual officers. They have no security of tenure and their respective contracts stipulate the terms by which they are bound;
- That these officers exercise the right to enter their respective contract willingly and voluntarily and were therefore aware of the method of termination provided by the respective contracts;
- That it is trite law that not even a court of law can enforce a contract for personal services against an employer terminating the contract of an employee since the proper relief for a breach in an employment contract for personal services lies in damages;
- That in relation to the CEO, clause 9 of his contract stipulate that his services can be terminated by giving him three months’ notice or payment in lieu of;
- That in relation to the DCEO and the RO their contracts stipulate that the Commission may at anytime terminate their employment by giving three months’ notice or payment in lieu of.
Accordingly, the the statement said officers will be paid three months’ salary in lieu inclusive of all allowances under their respective contract as well as payment for remaining days of vacation leave (if any).