M&CC files court order to set aside LGC’s decision on hiring of new Town Clerk, other staffers

Nov 15, 2020 News

Mayor and City Council has asked the Court to overturn the LGC’s decision.

Kaieteur News – The Georgetown Mayor and City Council (M&CC) has filed a petition in court, challenging the Local Government Commission (LGC)’s decision not to approve several appointments for staff vacancies.
According to court documents seen by this newspaper, the Council is also asking the court for an order to compel the (LGC) to consider and approve the recommendations of the M&CC Human Resource Management Committee to employ the persons they selected for the posts.
The court documents outlined that the Human Resource Management Committee Report dated October 5, 2020, and approved by the M&CC of Georgetown on October 9, 2020 was forwarded to Mortimer Mingo, Chairman of the LGC.
However, the action noted that in response, the LGC did not approve the employment of the following persons: Sherwin Benjamin as Town Clerk; Samuel Parris as Assistant Town Clerk; John Douglas as City Treasurer; Danielle Anthony as Legal Officer; Kabila Hollingsworth as Deputy City Engineer; Lyndon Scott as Supervisor/Building Inspector.
As such, City Hall is contending that the decision by the LGC is unreasonable, having regard to the evidence. Further, the document drafted by attorneys Roysdale Forde and Olyane Joseph, described the decision of the LGC as ultra vires – an abuse or improper use of its power.
The documents stated too, that the decision of the LGC is bad in law, as no reasons were given by the LGC to disapprove the hiring of new staffers.
“The decision by the Local Government Commission was arbitrary made in bad faith and unreasonable,” the court document outlined.
Additionally, the document stated that while the Commission shall have power to deal with all matters relating to the regulation and staffing of local government organs including employment and dismissal of staff, ”in the discharge of its functions, the Commission shall have regard to the provisions of the Municipal and District Councils Act, the Local Government Act, the Local Democratic Organs Act, the Amerindian Act and any other provisions bearing on matters of local government.”
As such, the action pointed out that “Section 74 of the Municipal and District Councils Act, provides for the Offices of the Council to have a town clerk; a municipal treasurer; a city engineer, a medical officer of health and a clerk of markets within its employ or such other Officers as the Council deems necessary for the performance of its functions under this Act, the Public Health Ordinance or any other law.”
The court action stems from a dispute within the council over the hiring of staff following, the non -approval by the LGC. Last month, A Partnership for National Unity (APNU) Councillor, Heston Bostwick, stood to move a motion to overturn the LGC‘s decision which he dubbed as an “interference.”
His motion was however met with strong opposing views from representatives on both sides of the political divide: the People’s Progressive Party/Civic (PPP/C) and APNU councillors.
Former Mayor Patricia Chase-Green and PPP/C councillors Dimitri Ali and Dwayne Adams were among those who objected. The councillors expressed opposition to how the motion to address the matter was dealt with, noting that the motion could not be tabled unless specific protocols were followed.
While Chase-Green objected to the protocols and pointed to the illegality if the motion is carried without following the Council’s guidelines on such matters, Ali warned that the Mayor and Councillors decision to move such an action would be acting in ultra vires.
Other councillors shared the view that the Council cannot act in the capacity of hiring staff without the approval of the LGC, which has the legal responsibility to vet and approve staff to be employed by the town councils and other local government agencies.

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