Legal action looms as LGC directs Council to rescind appointment

Rose Hall Town Clerk appointment

Rose Hall Mayor, Vijay Kumar Ramoo, said he is prepared to take the Local Government Commission (LGC) to the courts over its directive to have the appointment of an acting Town Clerk rescinded, noting that the Commission failed to execute their mandate and the Council acted in accordance with their needs.
At its March 21, 2018, Statutory Meeting, the Rose Hall Town Council took the decision to hire a temporary Town Clerk to fill the vacancy that existed since October 2017 but the Local Government Commission has since written to the Mayor two times directing that the appointment be rescinded since they acted outside of their mandate.
The LGC, in a statement said it was approached by the Council seeking permission to hire a Town Clerk and in keeping with Section 19 of the Local Government Commission Act agreed to delegate the authority to recruit to the Council. However, the Commission requires that all Local Government Organs write informing the Commission of such vacancies before engaging in the recruitment procedure (advertising shortlisting and interviewing) and consequent recommendation for appointment by the LGC.
The Rose Hall Council was also informed in a letter dated March 21 that the Local Government Organs shall ensure that an officer of the LGC is present during the shortlisting and interviewing process. The officer would be an observer of the procedure and would not offer any advice or suggestion unless so directed by the Local Government Commission.
“The Rose Hall Town Council has clearly acted outside of its remit, and has been instructed by letter from the Commission to rescind the hiring of any person so appointed to fill the vacant position of Town Clerk of that municipality, and this vacancy will only be filled upon the consideration and written approval of the Commissioners of the Local Government Commission of Guyana as provided for by law,” the statement concluded.
However, Mayor Ramoo is not conceding, noting that the Counicl acted out of necessity and he is ready to defend the Council’s decision in the court.
“I intend to go to the court and ask if my action was deemed lawful or not in the absence of the Commission and I intend to appeal the decision of the Commission as well… I am advised legally that I did the right thing acting in conformity with the law. I am prepared to go legally and challenge them,” the Mayor said.
Detailing the circumstances that led to the hiring of an acting Town Clerk, the Mayor explained that the position became vacant when Natasha Munroe resigned at the end of October 2017 and the Treasurer was acting but refused that responsibility after a while. He further related that they then advertised the position and received three candidates who were interviewed, and Edward Troy was the most suitable and they then forwarded the recommendation to the LGC on February 12.
One month elapsed, the Council received no correspondence from the LGC, and Ramoo would have contacted the Commission’s Chairman, Mortimer Mingo a number of times to remind him of the absence of a Town Clerk. The Mayor said on March 21, 2018, prior to the appointment of the Acting Town Clerk, he contacted the LGC once more where he was told that they would have to wait for at least another month for the Secretariat to be set up and for the Commissioners to meet and decide a way forward.
“On the 21st March we appointed the Town Clerk on the necessity of the town business to go on and we acted within our right to do so. We cannot allow the town to run without an administrator and we informed him (Mingo),” Ramoo said.
He noted at this time he is in no position to rescind the appointment since the decision was taken by full Council and would have to be overturned by a two-thirds majority vote. He said he finds the move, by the LGC, suspicious since it is their fault the town was without a Town Clerk.