The heat has shifted

Jun 23, 2016 Features / Columnists, Peeping Tom

The government really has no authority to stop any decision of an elected municipality unless it can prove that the action is unlawful. The chief executive of the city is the Town Clerk and once the Town Clerk approves of something, then it cannot be overturned without his consent.
The government in indicating that it is reviewing the contract signed by officials of City Hall may be attempting to take the ‘heat’ off of those city officials who were part of the inking of an agreement with a foreign firm for the provision of parking meters in the city.
The ruling coalition dominates the Georgetown City Council, holding twenty six of the thirty seats. The PPP has two seats and two other groupings, one seat each. They are powerless to do anything against a council stacked with APNU+AFC representatives.
The government may also be responding to the perceptions that it is not doing anything to address the criticisms of the controversial deal made by on behalf of the Council but without the blessing of the full Council.
During the reign of the last council many of the very persons who are now at the center of the parking meter deal had indicated that the Town Clerk was a servant of the Council and has to comply with the decision of the Council.
They pressed for her to seek approval of the Council and not act independent of it. They even passed a no-confidence motion against her. Yet, we have a situation in which decisions are being made without the blessings of the present council.
The government therefore has to do more than simply review the contract. It has to also examine the relationship between the officials and the council and between the council and the government.
This column has expressed the view that there needs to be a change in the law to allow for the charging of parking fees but obviously this view does not find traction with City Hall who feel that they have the authority to enter into an agreement for not just parking meters but also to charge parking fees.
The government will have to review that aspect of the law to determine whether a general provision can now, under the common law, impute a specific right.
In making such a determination, the government will have to take account of the fact that the council is a subsidiary body and therefore only derives its commission because of its relationship with central government.
That relationship will force the government to question whether City Hall can impose fees which may be implicit to a specific right but which cannot in inferred from a general provision of the law dealing with traffic management.
In considering these two aspects, the government will have to examine the paradox of a council claiming a right to develop parking fees when for its own estimate and its right to rating it requires the consent of the subject minister.
Thus, latter permission is required because of the subsidiary nature of the council under common law.
If the government satisfies itself that City Hall has the authority to implement parking fees it will still have to be guided by case law about the reasonableness of such fees. Even if the Municipal and District Councils Act is deemed to allow for the charging of parking fees, common law would instruct that the fees be reasonable so as to interfere with the citizens’ right of passage on streets and thoroughfare. There are abundant precedents on this latter issue.
But there still remains the fundamental issue to be resolved. Can an officer of a council make agreements which bind the council without the agreement of the council?
And what exactly is the relationship between the council and its officers? Are they accountable to the council or can they trot off wherever they please and make agreements behind the back of the other members of the Council?
Is the position of Mayor not a ceremonial position? What executive authority does the Mayor have?
The ball is now in the government’s court. The heat has shifted. The nation is watching.

2 thoughts on “The heat has shifted”

Surujpaul Rampersaud June 23, 2016 at 10:37 am

The town clerk, is the CEO who sees that the decisions of the City Council are implemented. If the town clerk does otherwise he/she will be in breach.
RLSG June 23, 2016 at 3:39 pm

Georgetown does not have enough roads or parking spaces for the number of vehicles that traverse its streets .. now to add insult to injury the City Council will install parking meters without so much as a consultation with the citizens .. adding more burden to an already overburdened population and bureaucracy.