Judge to rule today on legality of acting Town Clerk’s appointment

At 13:30h today, High Court Judge Jo Ann Barlow will deliver her ruling in a Fixed Date Application filed by the Georgetown Mayor and City Councillors (M&CC) which challenges the Local Government Commission’s (LGC) decision to appoint Candace Nelson as acting Town Clerk.

The decision by the LGC to appoint Nelson as the acting Town Clerk of the municipality of Georgetown is not unlawful, said Attorney-at-Law CV Satram. He was at the time making oral arguments in the case filed by the M&CC which seeks to nullify Nelson’s appointment.
The M&CC complained that Nelson is not qualified for the post and that the LGC failed to include the Mayor and Councillors in consultations regarding Nelson’s appointment.
During a previous hearing, Satram was specifically asked by the Judge whether the LGC, as a constitutional body, did not have a right to exercise its independent mind to the question of eligibility and suitability when appointing someone to the post of Town Clerk.
“I’m not saying that at all your honour. There is no evidence that it did not do so. There appears to have been a full debate on the question of,” Satram had replied.
Attorney-at-Law Teni Housty, who is representing the M&CC said that ahead of the appointment of Nelson, the LGC held no consultations with relevant stakeholders.
“The context of consultation to which we refer is linked to Section 37 of the Local Government Commission Act. In so far as a decision is being made in relation to the staffing of thousands of Local Government organs, the impact of the decision makes the [M&CC] liable to be consulted,” Housty submitted.
The lawyer said that the minutes of previous meetings held by the LGC show that consultations were held in the past concerning the appointment of a Town Clerk. He said, “In the minutes, in their own (LGC) affidavits they have demonstrated a previous practice of consultations. They have highlighted the duty of cooperation that is enshrined in the statute.”
He contended that the M&CC should have an input in the process of identifying a person to serve as Town Clerk. Asked whether this takes away from the independence of the LGC in selecting and appointing a Town Clerk, Housty said, “No please your honour. What it does is adds further strength to their process.”
Last month, the M&CC instituted judicial review proceedings against the LGC challenging its “unilateral” appointment of Nelson. In an application filed at the Demerara High Court, the M&CC is contending that Nelson’s appointment is unlawful as she is not qualified for the position.
The M&CC submitted that it was not included in consultations on her appointment, and as such, she “is acting without lawful authority,” and continues to disrupt the smooth and efficient functioning of the Council. The M&CC cited Nelson for taking disruptive actions which pose serious ongoing and continuing breaches that compromise the sanctity of the Council’s operations.
She is being accused 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.
Court documents state that she 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.
Unless Nelson is removed, the M&CC said she will further disrupt the Council’s business.
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. LGC Chairman, Julius Faerber had 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 Ubraj Narine indicated that the Council would not recognise or include her in the proceedings. Meanwhile, an earlier meeting of the Council was aborted after the Mayor and Councillors protested her appointment and demanded that she leave.
However, Nelson did not budge.