Mayor seeks court order to restore office resources

Jun 28, 2014 News

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In a bid to have resources restored to his office, City Mayor Hamilton Green has filed a writ of mandamus petition against

Acting Town Clerk Carol Ryan Sooba and Council Treasurer, Ron Mc Calmon.
A notice of motion was on Wednesday served on the two city officials mandating them to go before the courts and provide reason why they are continuously denying the Mayor’s office of fuel and office supplies.
The Mayor has disclosed that it was the custom of the Council’s Treasurer over the past 30 years to provide the Mayor’s office with a vehicle for the performance of official duties and also to provide the necessary fuel.
The present Town Clerk and Treasurer, he contends, are expected to follow the said procedure.
“Over the years it has always been the procedure that the requisitions for fuel and stationery are prepared by the Mayor’s Office, and are thereafter sent to the said Town Clerk for approval and then onto the Stores department for issuance.”
He explained that the Stores Department falls under the jurisdiction of the Treasurer and that in June, 2013 the Treasurer, without the authority of the Council, restricted the amount of fuel issued for use in the vehicle assigned to the Mayor’s office.
“Then during April 2014 the Office of the Treasurer stopped providing fuel for the said vehicle assigned to the Mayor’s office.”
“In addition the said Treasurer of the Georgetown City Council, refused to supply the Office of the Mayor with basic office supplies such as ink for the printer, adequate stationery and daily newspapers inter alia.
As a result of the refusal and/or failure of the said Treasurer to provide the Mayor’s Office with the necessary resources, he disclosed that he wrote to both the Treasurer and the Town Clerk (Ag), but nothing was done.
The Mayor said he again wrote to the Town Clerk (Ag) “requesting justification for what seems to be a “dereliction of her duties and what appears to be an unprecedented stratagem to impede the functions of the Office of the Mayor of Georgetown.”
He said he also sent a requisition to the Town Clerk (Ag) for approval for fuel for the vehicle used by the Mayor’s office.
Green stated that in response, the Town Clerk (Ag) “simply affixed to the requisition for fuel the following remarks: “Return to sender…the Mayor of Georgetown publicly declared l am an interloper… interloper cannot issue gas.”
In the affidavit filed, Green said that he was advised and verily believes the reason given by Town Clerk (ag) for not providing his office with the necessary fuel is “unreasonable and was influenced by prejudice and malice.”

“As a result of the failure of the Office of the Town Clerk (ag) and the Treasurer at City Hall to provide the Office of the Mayor with stationery and other office supplies and fuel for the vehicle used by the Mayor’s Office. I have had to purchase stationery and fuel from my own funds” he explained.
“That during the month of June 2014, I was also forced by the prevailing circumstances to lease a motor vehicle to conduct the duties of Mayor because the said vehicle assigned to Mayor’s Office was laid up for repairs.”
“It has also been the procedure that when the vehicle used by the Mayor is down for repairs or servicing, alternative transportation would be provided by the Town Clerk and Treasurer of the Mayor and City Council.”
It is against that backdrop that the Mayor said, he is asking the court to compel Sooba and McCalmon to show cause why a writ of Mandamus should not be issued mandating them to provide transportation for the Mayor as well as issue requisition slips in the “approved manner” for the purchase of fuel for the vehicle assigned to his office for the performance of Mayoral duties.
A writ of mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. Once filed, a response is a mandatory requirement.
Arguing that the acting Town Clerk and Treasurer are acting “arbitrarily, unfairly and unreasonably,” Green is asking a High Court Judge to declare that his office has legitimate expectation for it to be provided with a motor vehicle and the requisite fuel, for the execution of its duties.
He is also asking the court to mandate them to provide his office with alternative transportation whenever the vehicle assigned it is down for maintenance or repairs.
Green in his application is also asking for an order to compel Sooba and Mc Calmon to provide office supplies.  He condemned the actions of the two officials, deeming it “malicious and prejudicial”
He asks the court to declare that the “failure of the Town Clerk (ag) to provide the Mayor’s office with adequate fuel for the vehicle assigned is a dereliction of their duties.”
He argues that he is entitled to the aforementioned facilities by virtue of his office and that the Town Clerk and Treasurer are acting arbitrarily, unfairly and unreasonably.

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