The Linden Town Council is considering litigation in response to the unilateral appointment by the Local Government Commission (LGC) of Town Clerk, Lennox Gasper.
This was disclosed yesterday by Mayor Sharma Solomon at a virtual press conference whose attendees included Opposition-appointed LGC commissioners, Nicola Trotman and Joan Romascindo.
Concern was also expressed over a statement from LGC Chairman, Julius Faerber, who has gone on record asserting that the constitutional body possessed the power to employ whoever it pleased for the position of Town Clerk.
Faerber had told this newspaper that the LGC has the power to appoint whomever it pleases and has not done anything in contravention of Guyana’s constitution concerning the appointment of a Linden Town Clerk.
His comment came amid Solomon’s concern over the LGC backpedalling on its unilateral appointment of Gasper as Town Clerk for Linden.
The Commission’s Chairman insisted that nothing was done unilaterally.
“We have not done anything unilaterally. Nothing we did violated the constitution; however, you will hear more from me on the subject on Friday,” he had told Stabroek News.
When this newspaper reached out to the Chairman on Monday for an update on the subject, he condemned Stabroek News for what was reported and claimed that he made no such comments to this newspaper.
Solomon told reporters that although Gasper’s appointment was not favoured by the Mayor and Town Council of Linden, the PPP/C activist continues to operate in the capacity as Town Clerk.
Meanwhile, Commissioner Trotman described Faerber’s utterances as “worrying, alarming, unsettling, and a cause for concern” for those from the opposition who play a role in decision-making at the commission and elected officials at the respective town councils in the region.
“It appears as if the Local Government Commission, a constitutional agency, has now become a full-blown political agency and an active arm of the ruling PPP/C government,” Trotman posited.
She said that the LGC Chairman, in his statement has showcased nonchalance and irreverence for the laws governing the LGC as nowhere in Guyana’s constitution does it state that the Chairman can appoint a Town Clerk without consulting other members of the municipality’s council.
“The unilateral decision to appoint Mr. Gasper without due consideration of the Council’s decision and recommendation to have the most senior officer act until the approved process for hiring is commenced and concluded and or to consider other prior applicants or consideration for other qualified candidates undermines the principles of meritocracy and fairness in public service appointments. This is a deviation from the accepted norms of the employment process and a clear violation of our employment circular,” Trotman said.
The Local Government Commissioner said it is imperative that appointments to key positions within local government bodies are made based on qualifications, experience, and merit, rather than political affiliation, which seems to be the case in the appointment of Gasper.
Nonpartisan
“The Commission prides itself as a nonpartisan body which acts fairly and transparently, but this appointment is only one example of the politicised nature of the Commission. This Commission has sunk to low levels and now all decisions are made through a political lens and from political orders from the government. This we submit is a blatant departure from the intention of the framers of our Constitution when they decided to include Article 78A in the amendment of the Constitution,” she added.
As such, the Commissioner is adamant that Gasper’s appointment be rejected
Solomon made it clear that, “The Mayor and Town Council of Linden rejects the statement of the Chairman of the Local Government Commission and asked that he clarify the commission’s position since this statement contradicts the spirit and intent of the Local Government Commission’s intended role and function.”
According to the municipal representative, Faerber’s statement is worrying as it seeks to undermine the democratic principles fought for by Guyanese. He reminded him that Guyana is a democratic state, and actions and comments like this from such a senior holder of a constitutional office are biased and are an indication of the lack of respect for fairness, transparency and the rule of law. This, Solomon posited, further indicates the biased nature of the Commission and brings into question all decision(s) of the Commission.
He also pointed out that for many years, the Mayor and Town Council of Linden has worked diligently to ensure that the town operated smoothly and efficiently. Journalists were reminded that council members have been elected by the residents of Linden to represent their interests and make decisions that benefit the community as a whole. However, he opined that it now appears that Article 75 of the Constitution of Guyana is being blatantly disregarded and the will of Lindeners is not being respected.
The Linden Mayor iterated that the imposition of a Town Clerk or Acting Town Clerk on the council has disrupted the established processes and procedures that have been in place for years.
“The council members are experienced and knowledgeable about the needs of Linden, and their ability to carry out their duties has been significantly compromised by this unwarranted interference,” he lamented.
“It is important to note that the imposition of a Town Clerk without due process raises serious legal concerns. The actions taken have undermined the democratic principles upon which our local government is based”, Solomon said.
He went on to assure that “The Mayor and Town Council of Linden is committed to upholding the rule of law and ensuring that all decisions are made by legal requirements.”
The Linden Mayor also pointed to the resignation of the former Town Clerk, Orleena Obermuller, on November 2, which created a vacancy within the Mayor and Town Council of Linden. As such, the Council at its duly convened statutory meeting, decided to activate the process to fill the vacancy temporarily until the formal process was completed.
Shadow Minister of Local Government and Regional Development, Ganesh Mahipaul, who subsequently joined the virtual press conference said that the opposition has proposed amendments to the Local Government Commission Act which governs the operations of the Local Government Commission (LGC) to curtail alleged abuses of local government organs.
“What the Parliamentary Opposition sought to do is to table an amendment to the Local Government Act of 2013, whereby we are seeking to amend the Act to include that the Local Government Commission, in keeping with Article 78 of the Constitution has the mandate to deal with staff matters, but when it comes to appointment of staff, it must be after receiving a recommendation from the local government organs,” he explained.
