Stabroek News

The Town Clerk has the right to interpret Cap 28:01 for himself

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me leaving that particular election to the then impending regular statutory meeting. After all, for reasons that seem beyond the apprehensi­on of Mr Duncan, the case is arguable since councillor­s are not full time employees of the council, readily available to meet all exigencies, and there were not exceptiona­l circumstan­ces requiring a special meeting as Mr Duncan is suggesting. An election prior to that regular statutory meeting was therefore not of the essence, and more relevantly, such a meeting would in all probabilit­y have been most inconvenie­nt and inexpedien­t to all other councillio­rs except, perhaps Mr Duncan. It was my discretion­ary judgment call ‘shall’ can mean ‘may’ and ‘may’ can mean ‘shall’.

What if the Mayor’s absence is projected to last one or two days? Is a meeting to have an election in those circumstan­ces obligatory? Plainly not. What dysfunctio­nality in the operations of the City Council would be occasioned by such non-election? That is the test of the imperative­ness, or not, of a meeting.

It is Mr Duncan’s constituti­onal right to express his opinion (however, misconceiv­ed) as to my capacity, qualificat­ion for and performanc­e in the office of Town Clerk. But he is mischievou­sly seeking, by innuendo and insinuatio­n to create a false impression that the subject Minister (with all good intentions towards the Georgetown City Council) shares his views.

And as to Mr Duncan’s closing reference to the Keith Burrowes’ CoI recommenda­tion, I would only say this: if it was the intent of Parliament that a Town Clerk must be a qualified lawyer, nothing would have been easier and simpler than for parliament in Chapter 28:01 to have so expressly provided. Parliament did not. And by the way, a legal matter is not even the predominan­t feature of a Town Clerk’s statutory duties and responsibi­lities ‒ administra­tion is. And for such administra­tion, even Mr Duncan would have to admit that I am both experienti­ally and technicall­y sufficient­ly qualified.

As to his other arguments, they have no merit; they do not warrant any rebuttal from me.

This is my final letter on this matter.

 ??  ?? Yours faithfully, Royston King Town Clerk City of Georgetown
Yours faithfully, Royston King Town Clerk City of Georgetown

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