Linden Town Clerk saga
… but nonetheless recommends Bowen’s transfer
The findings of the Investigative Committee appointed to hear the issues surrounding the No-Confidence Motion brought on by the municipality of the Linden Mayor and Town Council (LM&TC), against Linden Town Clerk Jonellor Bowen, have been released. Bowen received a copy of the findings on Thursday
, almost five months after the completion of the investigations on September 19, 2016, headed by Chairman Mortimer Mingo and Committee members Basil Benn and Attorney Leslyn Charles. Speaking on the findings on Friday, Bowen noted that particular focus was placed on the No-Confidence Motion brought against her.
Armed with a copy of the Committee’s findings, which was also seen by Guyana Times, Bowen said, “It was found that the motion brought was in contravention with the procedures set out in Section 8 of Chapter 28:01 of the Municipal and District Councils Act of the Laws of Guyana and was also in contravention of the Standing Order rules under Section 9.” It is, however, unclear as to what the next step would be for the Town Clerk since the Committee’s findings went on to state that, “… notwithstanding the above, the Commission during the course of the investigations noted the toxicity of the relationship that existed between parties and is recommending that in the interest of the forward movement of the municipality and for the benefit of the people of Region 10, that the Town Clerk be transferred to another department of the municipality.”
On the other hand, the recommendations section of the findings would have stated that, “Consequently, the Committee is recommending… despite the procedural irregularity of the No-Confidence Motion, that the Town Clerk be reassigned to
another post within the Ministry of Communities, where she can use her many skills and better apply her qualifications.” Bowen established, however, that while she has issues with some of the wordings as it relates to the findings, it has vindicated her. The findings would have also established that proper procedures were not followed in tabling the motion, in that it was not given to the Town Clerk in writing, nor within the statutory period of 96 hours as stipulated by the law.
“It was what I was saying all the time, that the No-Confidence Motion was un-procedural, however it was pursued… The report has found that… the No-Confidence Motion was illegal, ultra vires and un-procedural… Hence, me being sent on administrative leave was wrong. The report clearly would have indicated and the Committee would have found that there were procedural irregularities, it was ultra vires,” Bowen reiterated.
She went on to state her belief that a lot of things were trumped up and spurious within the course of the investigations, but noted that she remained respectful, cooperative and patient with the process.
She added that though the report did not clearly state that there was the usurping of the Town Clerk’s duties, one of the recommendations would have been that the new Councillors receive special training on work place ethics and other in-house training, so as to better understand their roles and functions and so as not usurp anyone else’s functions.
Emotional, psychological agony
Bowen stated that while she is extremely relieved to have the findings, its delay would have caused her a lot of “emotional and psychological agony”. She noted that this is so because at the commencement of the investigations on September 1, 2016, the Terms of Reference (ToR) established had indicated that the Chairman of the Committee will submit his written recommendations and response regarding the matter within seven days to the Communities Minister. The Minister, she explained, according to the ToR, was expected to, in no less than three days of the Committee’s report, decide whether or not to accept it and notify the Town Clerk and Mayor as to the findings of the Committee in writing in no less than seven days after receipt of the report. In this regard, she noted that the ToR was breached and spoke of the agony of waiting months for a response.
“So, that should have put us to the end of September, maybe, or early October. We are now in February. I am happy that I do have this (findings), though there was much agony emotionally and psychologically from all that has happened,” she stated.
Bowen said she is uncertain as to what the next step would be and needs to know this from the level of the Ministry.
“At this point, I am eager and ready to resume my duties to the township of Linden… If the No-Confidence Motion was found to be un-procedural, then I believe in all fairness, I should be back at work on Monday… As far as I am aware, I was not terminated.”