Dear Editor,
The text of the article published on March 4, 2023: Region 10`s REO, Chair-man at loggerhead over roles and responsibilities is but another manifestation of a major problem that inhibits the functioning of the system of governance in Guyana. It is reported that that the Regional Executive Officer “has stated that he is not accountable to the Council and committees established by Regional Chairman”. That statement reflects the disposition of the Government and pronouncements of the Minister responsible for Local Government. The Government therefore has to be held responsible for the sordid state of local governance in Guyana and made to practice Good Governance, which they tout from time to time. Here under is a critique of the REO`s position which clearly and evidentially exposes that there is jaundiced articulation of Governance and consequential maladministration in Public Administration.
Regional democratic councils are statutory bodies/legal bodies (council proper and an administrative arm) established in keeping with the provisions of article 72 of the Constitution and enabled by the Local Democratic Organs Act (LDOA), which specifically states: “local democratic organ shall be a body corporate by the name prescribed for it by its constitution order.” The LDOA further provides for “any Minister, department of Government or statutory authority, department… to delegate any of his or its statutory power or authority to a local democratic organ where the power or authority relates to matters within the responsibility of that organ.” It should therefore be noted that delegated functions which are the ones that are presently carried out by the Regional Democratic Councils are the responsibility of the Council. In the execution of its functions, the Council has an Administration which is responsible to the Council for the execution of its functions, in the manner that the council so resolves, provided that it is ultra vires. The administration is headed by the Regional Executive Officer (REO) who by virtue of the assumption of that office as Clerk to the Council, also assumes the position of REO.
That position and its Terms of Reference are provided for in the LDOA where it is specifically stated that, “clerk means the chief executive officer, however styled of a regional democratic council”; and the provisions of the Municipal and District Councils act which shall apply mutatis mutandis to the regional democratic council, inclusive of the functions of the Clerk as stated in section 32(b) “ any references to the clerk or treasurer shall be construed as a reference to the clerk or chief finance officer (however styled) respectively of a regional democratic council”. The Sixth Schedule of the Municipal District Council Act in reference to the Clerk specifically states at paras 6 and 10 respectively: “He shall have the duty of ensuring that the business of the council is carried out with order, regularity and expedition in accordance with the by-laws, resolutions and standing orders of the council”, and, “He shall have responsibility for conveying decisions of the council to the local government officers in the service of the council relating to their work and conduct.”
It is therefore absurd for the REO to have said: “he is not accountable to the Council and committees established by Regional Chairman”, and, “that he is only accountable to the Council when serving as Clerk of the Council at statutory meetings”. With regard to committees, the Municipal and Districts Council Act specifies that “… Council shall provide and at all times maintain the standing committees”, and that a, “council may appoint general or special committees …” The committees are authentic and integral to the regional democratic councils and may even be authorized to act on behalf of the councils. In regard to his appointment as Accounting Officer, his remit is limited to ensuring that expenditures are incurred in keeping with the budgeted provisions and transactions conducted in keeping with the Financial Regulations. The REO of Region 10 is undoubtedly misguided and/ or uninformed about, or malicious in, in relation to his relationship with the Council, of which he is a servant, and to which he is subordinate. Given the adamant position of the REO and the obvious backing of Central Government, there may be need, as a minimum course of action, for judicial interpretations and declarations on these matters.
Sincerely,
Vincent Alexander
Former Regional Executive Officer
Local Government Consultant
