Arguments in legal challenge to town clerk’s appointment to begin on Monday

High Court Justice Jo-Ann Barlow has fixed Monday to commence hearing oral arguments in an application filed by the Mayor and City Councillors (M&CC) of the municipality of Georgetown, challenging the appointment of Candace Nelson as acting Town Clerk.

Nelson was appointed to the post by the Local Government Commission (LGC), the sole respondent in the legal proceedings.
In a Fixed Date Application (FDA) filed at the Demerara High Court, the M&CC is contending that Nelson’s appointment is unlawful.
The M&CC submits that she “is acting without lawful authority”, and will continue to disrupt the smooth and efficient functioning of the Council.
In the FDA, the Georgetown Mayor and City Councillors cite Nelson for taking disruptive actions which pose serious ongoing and continuing breaches that compromise the sanctity of the Council’s operations.

It accuses her of influencing the records of the M&CC’s statutory meetings by deleting matters from minutes of meetings, and seeking to dictate the contents of the agenda of later meetings.
According to the court document, Nelson suspended a tendering process that began months before her appointment, and has potentially compromised the ability of the M&CC to honour its contractual and other financial obligations.
She is also being accused of failing to facilitate a proper handover of the M&CC’s assets.
The M&CC has submitted that unless Nelson is removed, she will further disrupt the Council’s business.
The M&CC is being represented by Attorney-at-law CV Satram, while Attorney-at-law Teni Housty is appearing for the LGC.
Nelson was appointed after the LGC wrote to then acting Town Clerk Sherry Jerrick and instructed her to return to her substantive position of Assistant Town Clerk effective from July 27.
Chairman of the LGC, Julius Faerber, has recently said the decision to remove Jerrick was a unanimous one.
“That decision was unanimously voted in favour of, and when I said unanimously, there were seven Commissioners who were present at that time, and all seven of them voted in favour of having Ms Jerrick return to her substantive position. That was the situation that occurred,” he had told a news conference.
According to Faerber, the decision to appoint Nelson is in keeping with the authority vested in the Local Government Commission under Sections 12 and 13 of the Local Government Commission Act.
Specifically, he pointed to Section 13 (2), which states: “The Commission shall have the power to deal with all matters relating to the staffing of Local Government organs, and in particular shall be responsible for employment, transfer, discipline, and dismissal of staff.”
Nelson had left the Council’s most recent statutory meeting after Mayor Narine indicated that the Council would not recognise or include her in the proceedings. An earlier meeting of the Council was adjourned after the Mayor and Councillors protested her appointment and demanded that she leave.
However, Nelson did not budge. (G1)