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By Svetlana Marshall
Mayor of the City of Georgetown, Ubraj Narine has rejected attempts by the Minister of Local Government and Regional Development, Nigel Dharamlall to appoint an acting Town Clerk in breach of Local Government Commission Act.
In a letter dated December 21, 2020, the Local Government Minister informed the City Mayor that has offered his no objection for Candace Nelson to be appointed Town Clerk until the acting Town Clerk returns from annualised leave.
“I have full confidence in Ms. Nelson’s ability and is in agreement with the Local Government Commission’s views that no suppression of personnel should be tolerated,” Minister Dharamlall said while urging the Mayor to give Nelson his full support and cooperation.
But the Mayor, in a letter dated December 22, 2020 registered his objection. While referencing to Chapter 28:01 (repealed), Section 97-117, which gives rise to the Local Government Commission Act of 2013, Mayor Narine said in the circumstance, the minister’s letter could only be treated as a nullity.
The Local Government Minister’s letter recommending Nelson for the post comes one week after the City Council passed a motion to replace her as the Town Clerk on the basis of alleged abuse of power.
A letter from the Local Government Commission had instructed that City Treasurer, John Douglas proceed on leave, and instead of consulting with the Council, Nelson handed the letter to Douglas, although the Council had earlier indicated its intention to have the Treasurer’s leave deferred.
Just last week, A Partnership for National Unity + Alliance For Change (APNU+AFC) Member of Parliament, Ganesh Mahipaul had expressed concerns that though the life of the Local Government Commission has expired, the Secretary Nickalai Pryce appears to be acting on the instruction of the Local Government Minister.
“The Secretary to the Local Government Commission appears to be under considerable political pressure from the Ministry of Local Government and Regional Development. Either that or he is simply power drunk and stepping beyond his remit,” Mahipaul said in a statement.
Among the issues raised by the Opposition Parliamentarian was the fact that on December 11, 2020, Pryce wrote Nelson – the then acting City Town Clerk – claiming that he was instructed not to grant the deferral of vacation leave for City Treasurer.
Referencing to Section 13, subsection 1 and 2 of the Local Government Commission Act 2013 (Act No. 18 of 2013), Mahipaul reminded that the Commission is responsible the regulation and staffing of Local Government Organs including employment and dismissal of staff and with dispute resolution within and between Local Government Organs.
However, he said while the Commission has such authority, it was instructive to note that the life of the Commission had expired at the time Pryce made the
recommendation.
“Mr. Pryce is well aware, but for the avoidance of doubt I wish to remind him that the life of the most recent Local Government Commission ended on October 23, 2020 and there is currently no commission in place. The Secretary to the Commission acts on the instruction of the Commission and therefore it is passing strange, to say the least, that Mr. Pryce has claimed in his missives to the Local Government Organs that he was instructed,” Mahipaul reasoned. .
He added: “The question that lingers now is, by whom was Mr. Pryce instructed?”
The Opposition MP contended that in the absence of an active, functioning and empowered Local Government Commission, no one has the authority to instruct the Secretary to the Commission and moreover, the secretary does not have the authority to usurp the powers of the commission.
“As it stands, the actions of Mr. Pryce are illegal and unconstitutional. Mr. Pryce is therefore advised to retract all correspondence dated post October 23, 2020 sent by him to Local Government Organs or face the necessary consequences,” he said.
