Time to appoint Local Government Commission

March 18, 2016, the APNU+AFC government delivered on its pledge to convene local government elections which had not been held since 1994. The holding of these elections was the clearest demonstration in 22 years that central government was prepared to restore power to citizens to take charge of their communities, an obligation that the former PPP/C government failed to requite.

More than a year later, there have been many teething problems as expected. Chairpersons of local government organs and councillors have discovered that running their councils, collecting rates, tapping subventions from central government and improving their communities is an arduous and thankless task. Nevertheless, it puts them in charge of local decisions that should always be in their purview and they are now meant to be fully engaged with their communities.

However, the democratic gains and goodwill from the holding of the local government elections are now at risk from the government’s baffling inaction on the composing of the Local Government Commission (LGC). It will be remembered that when they were in opposition, both APNU and the AFC quite correctly pressured the PPP/C government to pass the longstalled suite of legislation including the Fiscal Transfers bill and the LGC bill prior to the holding of local government elections. Former President Ramotar finally assented to the LGC Act in November 2013 even if his government never held the long-awaited local government elections.

While the current government has made many promises to compose the LGC it has failed these extravagantly and the Communities Minister Ronald Bulkan has provided no credible explanation for this. The LGC is vital to the optimal functioning of the local government system and would move it from the orbit of central government. It is meant to be comprised of three members appointed by the President acting in accordance with his own deliberate judgement; three members, appointed by the President, acting on the advice of the Leader of the Opposition after consultation with other parliamentary parties; one person nominated by the trade unions in the local government system and one member appointed by the Minister after consultation with local democratic organs. The PPP/C completed its part of the process only to be incredibly told by Minister Bulkan that he expected it to consult with APNU+AFC in keeping with the letter of the law which was clearly a badly drafted piece of legislation. Under no circumstances

could it be envisaged that the opposition would have to consult with the government on their own nominees. Nevertheless, the PPP/C had said it would do as the Minister asked. The trade union nominee had been earlier selected by the Parliamentary Standing Committee on Appointments. That left the three nominations to be made by the President and one by the Minister after consultation with the local democratic organs.

To date, a year after local government elections, the President and Minister Bulkan are yet to discharge their obligations. One can only assume, that as in the case with a number of other breached commitments, the government has seen utility in the behaviour of their predecessors and is now actively obstructing the proper functioning of the local government system.

As defined by its legislation, the LGC has broad functions which have presently been usurped by the Ministry of Communities. These include: to monitor and review the performance and implementation of policies of all local government organs, including policies of taxation and protection of the environment; monitor, evaluate and make recommendations on policies, procedures and practices of all local government organs; investigate any matter under its purview and propose remedial action to the minister; monitor and review all existing and proposed legislation, and or policies and measures relating to local government organs.

Furthermore, the LGC is to deal with all matters relating to the staffing of local government organs and in particular it is “responsible for employment, transfer, discipline and dismissal of staff and approve of remuneration, superannuation, training, leave and promotion of staff”.

The LGC is also empowered to hear appeals instituted by employees who have been dismissed by local government organs and hear and determine disputes arising within a local government area or between any two local government organs.

Importantly, the LGC has the “...power to initiate and conduct investigations into the activities of any local government organ...”

These formidable powers could have been wellutilised to address a number of the vexed issues besieging the city and the local government system. These include the parking meter fiasco at the city council. Given the unending controversy over the propriety of the parking meters contract and the process, a complaint could have been lodged with the LGC. The outrageous behaviour of the now resigned Region Five councillor Carol Joseph at the council and later her alleged inappropriate access to medication through the regional health system along with the questionable transfer of a whistleblower would also have been the types of matters that the LGC could properly investigate.

This is not to mention the firing of senior employees such as regional executive officers (REOs) and the hiring of replacements. Just recently the REO of Region Eight, Rafael Downes was fired but not by the LGC. Similarly, his replacement will come via an opaque process. It was recently disclosed that Jennifer Ferreira-Dougall is now the Deputy REO of Region Three. Where was this position advertised, who received applications and who made that decision? Ms Ferreira-Dougall was formerly a MP of the PNC sometime back. Are these positions now to be handed out to friends of one of the main components of the coalition? Where is the fairness and transparency in the hiring of persons in the local government system? Can Minister Bulkan explain to the public how Ms FerreiraDougall came to be ensconced at Region Three? Who will interrogate the REO of Region Five, Ovid Morrison on his suspect transfer of nurse Marks. If the LGC was in place it could have undertaken the job.

There have also been tensions between local government bodies and the Ministry of Communities. In one particular case, Region 10 is contesting the planned shifting of its engineer at the behest of the Ministry. Where can the region go for redress? These cases comprise a small portion of the complaints that have risen since the local government elections and which demand the presence of the LGC. To avoid, at least, the appearance that this government has become enamoured of the wanton concentration of power, Minister Bulkan must move expeditiously towards the composing of the LGC.