GECOM terminates contracts of Lowenfield, Myers and Mingo

Aug 13, 2021 News

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– Chair cites no security of tenure

Kaieteur News – Chief Elections Officer (CEO), Keith Lowenfield; Deputy CEO, Roxanne Myers and Returning Officer for Region Four, Clairmont Mingo were yesterday terminated as employees of the Guyana Elections Commission (GECOM) based on the terms of their contracts.

The decision was reached at a virtual hearing of the Commission. In a subsequent release via GECOM, Chairperson of GECOM, Justice (Ret’d) Claudette Singh explained that the termination of the contracts of the three employees were made possible as they had no security of tenure. It was said nonetheless that the trio will leave GECOM with all of their benefits in keeping with the arrangements of their contracts.
The three former GECOM officials were dismissed after Government-nominated Commissioners, Sase Gunraj, Manoj Narayan and Bibi Shadick moved a motion for termination of the contracts and voted for it. The three Opposition-nominated Commissioners Vincent Alexander, Charles Corbin and Desmond Trotman abstained from the vote.
Since the three Opposition-nominated Commissioners abstained when the vote was taken during meeting; there was then no need for the Chair to vote and the decision was made to fire the officers. Kaieteur News understands given the decision, letters will be dispatched to the three former employees to officially inform them of the move.
Yesterday’s meeting came after weeks of deliberation on the motions brought to GECOM by the Government-nominated Commissioners seeking the removal of those persons from office. All three officers are facing the court on electoral fraud charges as it relates to the March 2, 2020 Regional and General Elections.
In a release which followed the decision, it was explained that the GECOM Chair made several considerations before dismissing the officers.
Among them, Justice Singh posited that although the three officers held public/statutory office, they are not public but rather contractual officers.

She noted therefore that they have no security of tenure and their respective contracts stipulate the terms by which they are bound
According to the release, Justice Singh noted that the officers exercised the right to enter their respective contract willingly and voluntarily and were therefore aware of the method of termination provided by the respective contracts.
Further, in arriving at her decision, the former Judge stated that “it is trite law” that “not even a court of law can enforce a contract for personal services against an employer terminating the contract of an employee since the proper relief for a breach in an employment contract for personal services lies in damages.”
Specifically as it relates to the CEO, the release pointed out that Clause Nine of his contract stipulates that his services can be terminated by giving him three months’ notice or payment in lieu of.
In regards to the DCEO and the RO, their contracts stipulate that the Commission may at any time terminate their employment by giving three months’ notice or payment in lieu of.

Accordingly, it was stated that the officers will be paid three months’ salary in lieu inclusive of all allowances under their respective contract as well as payment for remaining days of Vacation leave.
While the full details of Lowenfield’s contract are not known, Kaieteur News understands that the former CEO was paid some $25 million in salary and allowances between January 2020 and March 2021. Although he received some $3.5 million in salaries between January to March, 2021, this does not include his accumulated multi-million dollar allowances.
Kaieteur News understands too that a monthly breakdown of Lowenfield’s allowances amounts to $120,000 for travelling, $360,000 for entertainment, $700,000 in gratuity, $1 million for vacation, $120,000 for uniform. In addition, the CEO has a security allowance of $6 million annually.
Myers draws an annual salary of $16 million, while on a monthly basis, she receives travelling and overtime allowances in the sum of $240,000; entertainment and rent $1.6 million; gratuity in the sum of $1 million; vacation $865,000 and uniform $120,000.
Meanwhile, Commissioner Gunraj, at a subsequent press briefing noted that even though they will receive their benefits, “We are glad they gone, the nation waited too long for this to happen.”
The GECOM Commissioner explained that the next thing is to advertise the vacancies and have the posts filled by persons who can conduct themselves with dignity and in an ethical manner.
Gunraj believes the removal of the three officers would also support in large measure the successful holding of local government elections this year.

 

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