Linden Town Clerk pursuing legal action against Council

Linden Town Clerk Jenella Bowen through her attorney has issued a letter to the Linden Mayor and Town Council (LM&TC) requesting the annulment of her administrative leave.
According to Bowen’s Attorney, Yondessa Merucius, should the LM&TC fail to adhere to the letter, court proceedings will be implemented.
Bowen was sent on administrative leave in what was described as a clear violation of the Municipal and District Councils Act, Chapter 28:01, by Linden Mayor Carwyn Holland. Holland and the LM&TC had passed two no-confidence motions against Bowen and subsequently wrote Communities Minister Ronald Bulkan requesting she be removed. But Minister Bulkan is still to make a decision, which seemingly angered Holland, prompting him to decide to take his own action against the Town Clerk.
Guyana Times has seen a letter dated October 6, 2016 that Holland wrote to Bowen, instructing that she proceed on administrative leave with immediate effect until the conclusion of “the hearing”. “Please be informed that the Ministry of Communities has reviewed the Council’s recommendation and granted no objection,” the letter copied to Communities Ministry Permanent Secretary Emile McGarrel and the LM&TC Personnel Officer stated.
It went on to highlight that the LM&TC proceeded in accordance with the Municipal and District Councils Act, Chapter 28:0, Section 8A, Subsection G, which states that the Cou

ncil shall “ensure that the municipality is managed in a professional and competent manner by a qualified Town Clerk” and Section 8A, Subsection H, which states that the Council “shall perform any other duties or functions imposed on the Council by this or any other law or by the Council”.
The Mayor’s action was deemed unconstitutional since Section 118 of the Municipal and District Councils Act, Chapter 28:01 clearly states that in the absence of a Local Government Commission, the Communities Minister holds the power to appoint, discipline and disappoint any Local Government Officer.
Former Attorney General and Legal Affairs Minister Anil Nandlall, in an invited comment on the issue, stated that Town Clerks, like Regional Executive Officers (REOs), were creatures of the Minister and it was only him who could discipline or dismiss them. He said what was playing out at the Linden municipality was purely authoritarian action by the Mayor and “his gang”. Guyana Times contacted Holland to ascertain the steps the LM&TC would be taking in response to Bowen’s letter, but he indicated that he was in a statutory meeting, and so could not comment. As such, he asked for contact to be made at a later date.