Sooba and the Beacon Foundation

Dear Editor,

It has become necessary for me to write on an issue which is being used as a political ploy against me. This issue has been given great prominence in the Guyana Chronicle in particular, and other sections of the media. I refer to stories about my writing to Beacon Foundation, the most recent of which appeared in the Guyana Chronicle of July 15, 2014, headlined: ‘Police to investigate City Hall’s Royston King,’ which sought to imply that I was involved in some wrongdoing with Beacon Foundation. It is mind bogging that anyone would think that such a reputable charitable organisation would importune the council to do something that is illegal or grant them a benefit for which it is not qualified.

Interestingly, neither the issue of the Urbana Square public open space Lamaha Gardens, waiver of rates and taxes was discussed at the council, nor Ms Carol Sooba’s unauthorized use of $500,000 of ratepayers’ money, from the city’s treasury, for her personal benefit.

Notwithstanding repeated calls by the council for an investigation into this matter, nothing has been done and Ms Sooba continues to spend money with impunity and great arrogance from the council’s coffers without the requisite permission or authority of the Mayor and City Council. The latest was the purchase of a chair for her office. Why is such excessive and irresponsible spending at a cash-strapped council that cannot even provide effective waste management for citizens allowed? The answer: a worrying insensitivity to the felt needs of citizens and politics.

However, once politics is put aside, we can discover the truth and the reality at the Mayor and City Council.

First, during the time in question, I was appointed by the council to perform the duties of the Town Clerk of Georgetown. In carrying out those duties under the authority of the Mayor and City Council, I dealt with building plans and allied documents, and requests from a number of individuals, corporations, and organisations, including Beacon Foundation.

As it relates specifically to Beacon Foundation, it is important that citizens know the following:

1. Under the Municipal and District Councils Act, Chapter 28:01, Charitable organisations can be exempt from property rates: At section 212, the law states: “A council shall have power to exempt from liability to pay rates either wholly or in part, in respect of the properties listed in this section, the owners of-

(a) any property used for the advancement of religion, education or social welfare, not with a view to profit;

(b) any property used mainly for the purpose of open air games or of open air athletic sports and occupied by a club, society or other organization which is established or conducted with a view to profit;

(c) property used exclusively for the purposes of a hospital, dispensary or public health institution

Where the council is satisfied that liability to pay the whole of the rates would seriously prejudice the successful attainment of the objectives or purposes for which the organization, club or society exists.”

2. Beacon Foundation is a charitable organization. The documents of the Beacon Foundation including an official valuation document stated that the property is being used for charitable purposes. Further, that it is subject to tax exemption according to the Municipal and District Councils Act, Chapter 28:01. Beacon Foundation Limited is an incorporated non- profit company which provides an outpatients hospice service across Guyana and meals and temporary shelter. Having perused the necessary documents and the request by that organisation for the exemption, I wrote the following letter to Chairman, Mr Patrick de Groot:

“We wish to acknowledge receipt of your letter of application for exemption of Rates and Taxes on property situated at 127 Carmichael and Quamina Streets, South Cummingsburg.

“You will recall that this issue was discussed with me. In those discussions I said to you that, according to the Municipal and District Councils Act Chapter 28:01, section 212 the Council may grant such exemption, to religious and other not-for- profit [organisations]. I had also seen the requisite documents that suggest that Beacon Foundation has met all the requirements to be granted the requested exemption.

“Therefore, the council will have no objection to Beacon Foundation being granted exemption of rates and taxes.”

It should be noted that my letter stated that “Council will have no objection…” not Royston King or the Town Clerk (ag) but Council. Furthermore, the words council will have no objection are not the same as council has granted you exemption. My letter was very clear.

Again, the Mayor and City Council has a policy that before defaulters are taken to court, a list of such defaulters should be sent to the council for final scrutiny. This became necessary after the municipality was embarrassed on several occasions for taking people to court who had already paid their rates. I was very careful even with publishing the names of alleged defaulters in the press for fear of publishing the wrong names and attracting litigation.

However, Ms Sooba does not supply the Mayor and Councillors with any such list. Instead, she rushes to court with selected defaulters including Beacon Foundation, Mayor Hamilton Green, Kaieteur News and Christopher Ram, ignoring decisions made by successive council meetings on some of the very matters that are before the courts. Therefore, when Beacon Foundation was taken to court, without the knowledge of the council, and in spite of several discussions on the issues at various levels, and my letter was produced by that organisation it was immediately seized upon and used by Ms Sooba and others to attempt to discredit me. Incidentally, Ms Sooba’s letter on this issue to the Minister of Local Government, Mr Norman Whittaker was written the same day, April 10, 2014, Chief Justice Ian Chang ruled that Ms Sooba’s appointment by the Minister was legally defective. Putting it all together, one can begin to paint the picture of what is really happening at City Hall and why this matter is given intense attention.

 

However, this issue was discussed several times at statutory meetings of the council and it had approved the exemption for the foundation. All that was needed was for Beacon to submit the appropriate documents.

Second, the Mayor has said at statutory meetings and several public fora, that I acted within my authority in writing that letter to Beacon. Even as Public Relations Officer, it would still be within my competence to write such a letter to any charitable organisation that meets the requirements. Yet, for obvious reasons, this matter is being prosecuted by some individuals who have, perhaps, special agendas. Indeed, the way this issue is being publicised in certain sections of the media, it is clear that someone is trying desperately to achieve a certain objective.

However, I will continue to be loyal and committed to my employers – the Mayor and Councillors of the City of Georgetown. Even if I wish to do otherwise, I am constrained by Section 77 (2) of the Municipal and District Councils Act 28:01

Yours faithfully,
Royston King
Mayor and City Council