Local Government Commission has regulating powers

Dear Editor,

It is extraordinary that the Mayor and City Councillors can find money to hire a lawyer to represent the Acting Town Clerk, Ms. Sherry Jerrick, at the Local Government Commission but do not have money to do basic sanitation work in the city, and to pay workers deductions at the National Insurance Scheme and the Guyana Revenue Authority. A few nights ago, the Mayor, Mr. Ubraj Narine appeared on HGTV Nightly News and represented the position taken by the Council against the Local Government Commission request to the Acting Town Clerk, for her to show cause why she should not be disciplined for professional negligence, for not preparing and submitting the Council’s Asset Register. In that newscast, the Mayor said words to the effect that the Commission has no authority to deal with such matters as the Council’s Asset Register. And that it is the Council’s Asset Register and as such the Commission could not blame the Town Clerk for not producing it. However, two things are glaringly wrong with the Mayor’s comments.

This document was requested since 2019. Up until now, in 2021, nothing has been sent to the Commission. Stunningly, the Mayor of Guyana’s capital, appears not to know basic things about how the Georgetown municipality operates. Two examples: The Mayor seems to be unaware that a substantial part of the responsibility of the Town Clerk, who is the Chief Administrator of the Council and secretary to all the committees of the council, is concerned with archives, records and documents. In Chap 28:01, it says that the Clerk “… shall have the charge and custody of, and be responsible for, all charts, deeds, records and other documents belonging to the council which shall be kept as the council may direct”. The question is if it is not the responsibility of the Town Clerk to have an Asset Register for the council, as the Mayor is claiming then he must say whose responsibility it is. Who should the Commission look to for such an important document? The Act is very clear.

It is true that the Commission does not have authority over elected Councillors; the Mayor is a councillor, who was elected chairman of the council. But the Commission, in a real way, has powers over all human resources and related matters. However, according to Act 2013, under functions of the Commission, Section13. (I) “The Commission shall have power to deal with all matters relating to the regulation and staffing of local government organs including employment and dismissal of staff and with dispute resolution within and between local government organs, and in particular shall – (a) monitor; and review the performance and implementation of policies of all local government organs, including policies of taxation and protection of the environment: (b) monitor, evaluate and make recommendations on policies, procedures and practices of all local government organs in order to promote effective local governance…” Also, under Miscellaneous, at (28), “The Commission may require a local government organ to furnish to it at intervals as may be specified and at other times as the Commission may require a detailed report of finances and activities in the form and containing the particulars as the Commission may specify.” And, at (27): “It shall be the duty of every local government organ to co-operate with the Commission, its officers and employees in the discharge of their functions and for that purpose to comply with all requests made or directions given by the Commission or its officers and employees.”

In the face of a deteriorating city and poor municipal services, the Mayor is constantly involved in public verbal battles with the government, other bodies and even some officers of the council.  Councillors seem unable to do anything about all that is happening at City Hall. It is as if the council has gone rouge with no clear sense of direction and purpose. In this 21st century citizens continue not only to be embarrassed with the state of the city but the public health of their communities is being put at risk by a council that appears leaderless and visionless.

Sincerely,

Anthony Subner