Local gov’t commission to be set up by month end, Bulkan says

-gov’t nominees still to be named

Apologising for the delay in setting up the Local Government Commission, Minister of Communities Ronald Bulkan has committed to it becoming a reality by the end of this month and has also revealed that a building has already been identified to house its permanent staff.

“Yes we did commit to the public that we would seek to expeditiously have this commission in place [but] I regret as one of the most vocal advocates that we are not there as yet and I will ask the public to bear with us and to not construe the delay as being anything ominous or sinister in nature on the part of the administration or reneging on our commitment,” Bulkan said in a recent interview with the Stabroek News.

The new deadline given by the minister is the fourth since his appointment for the establishment of the commission, which will have supervision over the local government authorities. Previously, he had given March, June and July as the months when the commission would become a reality.

So far, it is only the government’s nominees for the commission that have not been named as Andrew Christopher Garnett, of the Guyana Local Government Officers’ Union has been identified as the nominee from trade unions, while former Georgetown Town Clerk Carol Sooba and former Local Government Ministers Norman Whittaker and Clinton Collymore have been identified by the opposition PPP/C as its nominees.

It has been over two years since laws providing for the establishment of a Local Government Commission were passed. While in opposition, both APNU and the AFC had made calls for the body to be set up.

According to the legislation, the commission will be made up of eight members: four nominated by government, one from unions operating in the local government sector and three from the Leader of the Opposition.

Describing the commission as “very important,” Bulkan said government has to “give the most careful thought as to… the people on the commission…”

“While the matter has been extant for a very long time and we have had much time to give it consideration, at the end of the day we want to make sure that the persons we are placing to sit on this commission are the most suitable and are able to discharge the considerable constitutional responsibilities that will be brought upon them,” he said.

He pointed out that the commission would have responsibility for the regulation and staffing of all local government organs, including the Regional Democratic Councils (RDCs), municipalities, Neighbourhood Democratic Councils (NDCs) and oversight of Amerindian village councils.

And while some “names have been floated,” the administration has not yet decided on its final nominees. Bulkan stressed that the administration remains committed to the early set up of the commission. “Before the end of September, this process would be completed,” he said, while noting that the location to house the commission has been identified. “Things are moving ahead but slower than we had publicly committed ourselves, so the public might begin to judge us of having some ulterior motives and I would like to ask the forbearance of the public,” he added.

‘Consultation’

Meanwhile, in relation to the nominees submitted by the opposition, the minister said that under the legislation the PPP/C was required to consult with the “parliamentary parties” and while this was not done the government may not pursue it.

He said that the government received the nominees from Leader of the Opposition Bharrat Jagdeo and in return he wrote to Jagdeo on July 30 and enquired whether they had consulted with the parliamentary parties before deciding on the names as is required under the legislation.

“I sought clarity and information on that process, details on what consultation took place in accordance with the legislation...” the minister said, before later pointing out that the legislation does not say other opposition parties but other parliamentary parties.

On August 16, the Minister said he received a response from Opposition Chief Whip Gail Teixeira who indicated that the section of the legislation only refers to the Leader of the Opposition consulting the opposition parliamentary parties. “But that is actually not true, the legislation doesn’t say that. If you look at the legislation, you would see,” the minister said.

He described the response of Teixeira, which among other things referred to a decision that she said that was taken by the Parliamentary Sectoral Committee in the 10th Parliament and the fact that the PPP/C is the only opposition party, as being unhelpful and one he has not responded to.

However, he does not see the issue as a “terminal determination,” and he said that the government has an open mind and is not prepared “to stick with the letter of the law because the law has its own spirit of the letter,” but he indicated that he cannot preempt the decision taken by the government.

The Local Government Commission is provided for in Guyana’s Constitution. Article 78 (a) reads: “Parliament shall establish a Local Government Commission, the composition and rules of which empower the commission to deal with as it deems fit, all matters related to the regulation and staffing of local government organs and with dispute resolution within and between local government organs.”

The Commission’s functions, outlined at clause 13. (1) of the enabling legislation, says that the Commission shall have power to deal with all matters relating to the regulation and staffing of local government organs, including employment and dismissal of staff and with dispute resolution within and between local government organs, and in particular, shall monitor and review the performance and implementation of policies of all local government organs, including policies of taxation and protection of the environment.

It also has the power to monitor, evaluate and make recommendations on policies, procedures and practices of all local government organs in order to promote effective local governance; investigate any matter under its purview and propose remedial action to the Minister, whenever or wherever necessary; monitor and review all existing and proposed legislation, and or policies and measures relating to local government organs and to make recommendations for any legislation or any amendments to any legislation and or policy to the Minister; and examine and propose ways of enhancing the capacity of local government organs.