M&CC asks court to overturn local gov’t commission decision on City Hall appointments
The Georgetown Mayor and City Council (M&CC) has filed a legal challenge to overturn the recent decision of the now defunct Local Government Commission (LGC) to withhold its approval for the appointment of six city officers, including a new Town Clerk.
Acting Town Clerk Sherry Jerrick and the Mayor and Councillors are listed as appellants in the action, in which they are challenging the Commission’s decision to not approve the appointment of Sherwin Benjamin as Town Clerk, Samuel Parris as Assistant Town Clerk, John Douglas as City Treasurer, Danielle Anthony as Legal Officer, Kabila Hollingsworth as Deputy City Engineer and Lyndon Scott as Supervisor Building Inspector.
The LGC, in a letter to Jerrick, had said that the status quo would remain until the
LGC is reconstituted.
But Jerrick and the Council (the appellants) are arguing in their appeal that the Commission’s decision not to approve the employment is without reason, made considering irrelevant factors and unreasonable having regard to evidence.
The appellants, through their attorneys Roysdale Forde SC and Olayne Joseph, contend that the Commission’s decision goes beyond its powers and, therefore, amounts to an abuse of power.
Additionally, it argues that the decision was arbitrary, made in bad faith and bad in law since the Commission provided no reasons for not making the appointments; while adding that the decision took irrelevant matters into consideration.
In the circumstances, the appellants are asking the Supreme Court in its appellate jurisdiction to set aside the LGC’s decision or alternatively issue an order compelling it to consider and approve the recommendations of the Special Human Resources Management Committee of the Council, which had already approved and accepted the appointments.
The appellants are also asking the court to grant any other order it deems just as well as the award court costs.
A letter dated October 22nd, 2020 to Jerrick from Secretary of the Local Government Commission Nickalai Pryce, sought to inform that the appointments in question had not been made.
The correspondence, seen by Stabroek News, said that the LGC at the duly convened Extra Ordinary Meeting held two days prior, “after much deliberation did not approve the appointments.”
It then goes on to add, “as such, the LGC wishes to advise the Mayor and Councillors of Georgetown that the status quo remains the same until such time as Local Government Commission is reconstituted.”
Stabroek News has been informed that the former Local Government Commission’s tenure ended as of October 22nd, 2020.
Mayor Ubraj Narine has defended his decision to allow a motion for the City Council to proceed to fill the vacancies without the needed approval of the Commission.
However, Councillor Patricia Chase
Green, who is Narine’s predecessor, has voiced her disapproval about the decision in a letter to this newspaper, where she pointed out that the motion was improperly placed before the Council and that it sought to usurp the authority of the LGC while embroiling officers in an illegality. The motion was passed by a majority. Narine’s position is that the administrator is to follow whatever decision the council makes.
The Mayor in a comment to Stabroek News over a week ago had said that the vote was done and the majority ruled, while adding that it is now up to a court to determine if the motion was illegal or not noting that the court’s decision would be accepted by the council.
Chase-Green, in her letter, had said that a motion to suspend the Standing Orders to discuss a letter of reply from the Commission to the appointments was put to the council and carried.
She continued by explaining that Councillor Heston Bostwick then moved another motion to encourage the Council to go ahead with the appointments without the required approval of the statutory body responsible for such appointments and also to instruct the acting Town Clerk and acting Human Resources Manager to write and issue appointment letters to the candidates selected by a special committee to fill the vacancies.
Chase- Green’s letter noted that the motion was improperly before the House according to the provisions of the Municipal and District Councils Act, and that even if the motion was in order, it would still be considered improper given that the Council does not have the power to appoint.
“According to the Local Government Commission Act 2013, the Commission has powers to approve or disapprove the notice, by the Council, to appoint any officer to office at the municipality,” she explained.
Jerrick and the Council have filed their appeal pursuant to Section 32 of the Local Government Commission Act, which allows a party aggrieved by a decision of the Commission to appeal to the High Court against that decision within one month of the date of the decision.