Motion to override Local Gov’t Commission’s decision “illegal and improper”

Motion to override Local Gov’t Commission’s decision “illegal and improper” – Chase-Green

Oct 28, 2020 News

Non-approval of hiring new staff…

Former Mayor, Patricia Chase-Green

Kaieteur News – Former Mayor and current councillor Patricia Chase-Green has outlined her disapproval at a motion placed before Georgetown Mayor and City Council (M&CC) to hire staffers despite a rejection by the Local Government Commission (LGC), referring to the motion as “illegal and improper.”
The motion was raised by Chase-Green’s fellow A Partnership for National Unity (APNU) representative, Heston Bostwick, at a statutory meeting held at City Hall on Monday, where members of the Council sought to vote to hire a new Town Clerk and several other administrative staffers despite the non- approval of the now dissolved LGC.
During the meeting, Bostwick’s move to override the LGC‘s decision did not sit well with several councillors including Chase-Green and PPP’s Dimitri Ali and Dwayne Adams. The motion was met with accusations of dictatorship leveled against those in agreement with the motion.
In a detailed letter to the editor sent yesterday Chase-Green accused Bostwick of flouting the laws that govern the city. According to her, he had moved a motion to encourage councillors to go ahead with the appointment, without the required approval of the LGC, the statutory body responsible for such appointments.
“The motion,” Chase-Green said “was improperly before the House.”
Further, citing the law which governs the affairs of the municipality, Chase-Green explained that the Municipal and District Councils Act, Chapter 28:01 which states “that except as hereinafter provided, a member wishing to move a motion or to ask a question shall give notice in writing to the Town Clerk but a motion shall not become a subject of discussion and a question shall not be answered until the next ordinary meeting.”
She stressed too that the notice, must be delivered to the Town Clerk “at least ninety-six hours before the meeting at which it is intended to be brought forward.”
In addition, the former Mayor listed the various types of motions which can be accommodated without notice. Among them, she listed “A motion by way of amendment to any motion being debated in the Council[;]… a motion for the adjournment of the Council or of the debate[;]… a motion of confirmation or amendment of the minutes of the Council[;]… a motion that the Council resolves itself into a committee of the whole council[;]… a motion made when Council is in committee[;]… a motion for suspension of a member and [;]… a motion that the question be now put.”
To this end, Chase-Green said that that the Act does not allow any other motion outside of those stated to be moved by a member on the floor.
“Even if the motion had met the stipulated time prescribed by the Act for ninety-six hours it would be improper because it sought to clothe the council with powers and authority it does not have; it is ultra vires,” asserted Chase-Green.
Further in her letter, the former Mayor outlined that the Local Government Commission has powers to subject every node of the recruitment cycle to its approval or disapproval.
“It is responsible for discipline, rewards, transfers and promotion of the Local Government Officers, the entire local government system,” Chase-Green said.
As such, she emphasized that it is her considered view “that any motion to disregard the authority of the commission particularly, in extant circumstances, would be not only wrong and irresponsible but also illegal.”
The former Mayor said that last Monday’s motion sought to embroil officers of the council in illegality.
“If the elective [sic] council; (Mayor And Councillors) does not have the authority to make such substantive appointment without the fiat of the Commission. How then can it instruct the Town Clerk (AG) and the Human Resource Manger to write and issue appointment letter? By what authority are the officers to carry out such instructions?” Chase-Green asks in her letter.
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