AG appeals High Court ruling against Sooba

Apr 17, 2014 News

…warns City Hall against any move to remove Town Clerk
Attorney General Anil Nandlall yesterday filed legal documents in the Court of Appeal challenging the ruling of Chief Justice (CJ) Ian Chang against the government-appointment of Town Clerk (TC) Carol Sooba.

Attorney General
Anil Nandlall

The AG is appealing the case on the grounds that the CJ would have erred in his ruling and further, made a judgment, “against the weight of the evidence.” The AG is appealing on behalf of the Local Government Ministry, while Mr. Royston King stands as the respondent.
The AG is asking the Appeal Court to set aside the order made by the CJ on December 13, 2013, which requested the Local Government Minister to explain the appointment of Carol Sooba as Town Clerk. The Attorney General says that the plaintiff is dissatisfied with the CJ’s ruling in its entirety.
He said that the CJ “erred and misguided himself in law” when he ruled that the Minister had no power to appoint Sooba as Georgetown’s Town Clerk under the Municipal and District Councils Act Chapter 28:01.
The AG argued, also, that the CJ’s ruling was “misconceived and wrong in law” when he misdirected himself in finding that Section 95 of the Municipal and District Councils Act, – which speaks to the convening of a Local Government Service Commission, -came into operation in the absence of any evidence of that being done, and in the face of evidence which tend to establish that the Commission was never convened. The AG believes therefore, that the CJ made his ruling against the weight of the evidence before him.
The AG has brought this matter to the Appeal Court in light of the CJ’s April 10 ruling which returned Town Clerk Carol Sooba to act as TC, since the Court was of the opinion that the Local Government Ministry did not have the legal power to appoint Sooba to the substantive position.
It found that it was the job of the Local Government Service Commission to hire persons earning above a certain salary. However, this commission was never enacted.
The Court believed however, that Sooba could remain the de facto (not legal) Town Clerk since the law did allow the Minister to function in the absence of the Commission; but should not continue to dismiss the Commission in order to perform its functions.
The CJ had noted that certain evidence from the Ministry was not in his possession and he had to conduct his own research; still not finding the necessary information. The CJ had told the court that if he erred in his ruling, it was because the defendants had not provided the relevant information.

Mr. Royston King

Royston King had brought the action to court last year, when Sooba was appointed Town Clerk despite an interview panel; convened to find a suitable Town Clerk; deeming her the least qualified of the applicants. The Court had ruled however that the Minister was not obligated to appoint the applicant chosen by the interview panel, since he did not submit his power to the panel, but had put them in place to advise him on the most suitable appointment.
However, City Hall has taken up the CJ’s ruling and the Council has now sought legal input to determine how to get rid of Sooba.
The Council had also taken the ruling to mean that they could have moved a motion to replace Sooba or send her on leave, but that attempt has been red flagged by the Attorney General who is saying to the Council that any move to replace Sooba is a contempt of Court and he would be taking legal action against the Council should they remove Sooba.
The AG has warned the Council not to let him resort to legal action since the CJ’s ruling maintains that Sooba can remain the de facto Town Clerk in the absence of the Commission.
However, the divide between the Council and its Administration has caused further mediocrities at the already cash-strapped Mayor and City Council (M&CC). Mayor Hamilton Green has stated that Sooba’s vacation leave is overdue by two years, and in light of the numerous matters in which she is involved “she should do the honourable thing and step down.”
Sooba has stated however, that she will remain the acting Town Clerk until the court decides otherwise.