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August 12,2021

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This story is developing and will be updated.

The Guyana Elections Commission (GECOM) this afternoon approved motions to terminate the employment contracts of the Chief Election Officer Keith Lowenfield, Deputy Chief Election Officer Roxanne Myers and Region Four Returning Officer Clairmont Mingo.

Speaking with Stabroek News a few minutes ago, opposition-nominated Commissioner Vincent Alexander explained that the matter was determined by a vote of four in favour and three abstentions.

GECOM Chairperson Claudette Singh and the three government-nominated members voted in favour of the contract terminations, while the three opposition-nominated members of the commission abstained.

β€œThey have been terminated in keeping with contractual provisions which provide for benefits,” Alexander said.

Government-nominated commissioners though initially requesting that the officers be summarily dismissed, later amended the motions to cater for the termination of their contracts of employment, allowing them to leave with their contractual benefits.

The initial motions, first laid on June 1, accused the officers of acting in a manner which had caused a loss of public confidence and public trust in the electoral process. They were also been accused of discarding their oaths of office and failing to act fairly and impartially or legally in the discharge of their duties.

While the motions against the CEO and Returning Officer listed numerous instances where they are alleged to have acted contrary to GECOM protocol and law, the motion against the DCEO accused her of aiding and abetting the CEO in his unlawful action but did not provide any particular action which was taken by the officer in furtherance of this.

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GECOM site will provide information; including those for the recruitment and appointment of personnel

Succinctly ...

- advertising in overseas and local sources,

- shortlisting the list for suitable candidates,

- interviews of potential candidates,

- selection and appointment to the position.

FM
Last edited by Former Member

GECOM terminates contracts of Lowenfield, Myers and Mingo

https://s1.stabroeknews.com/images/2021/08/Trio2.jpg

The Guyana Elections Commission (GECOM) this afternoon approved motions to terminate the employment contracts of the Chief Election Officer Keith Lowenfield, Deputy Chief Election Officer Roxanne Myers and Region Four Returning Officer Clairmont Mingo.

Speaking with Stabroek News a few minutes ago, opposition-nominated Commissioner Vincent Alexander explained that the matter was determined by a vote of four in favour and three abstentions.

GECOM Chairperson Claudette Singh and the three government-nominated members voted in favour of the contract terminations, while the three opposition-nominated members of the commission abstained.

β€œThey have been terminated in keeping with contractual provisions which provide for benefits,” Alexander said.

Government-nominated commissioners though initially requesting that the officers be summarily dismissed, later amended the motions to cater for the termination of their contracts of employment, allowing them to leave with their contractual benefits.

The initial motions, first laid on June 1, accused the officers of acting in a manner which had caused a loss of public confidence and public trust in the electoral process. They were also been accused of discarding their oaths of office and failing to act fairly and impartially or legally in the discharge of their duties.

While the motions against the CEO and Returning Officer listed numerous instances where they are alleged to have acted contrary to GECOM protocol and law, the motion against the DCEO accused her of aiding and abetting the CEO in his unlawful action but did not provide any particular action which was taken by the officer in furtherance of this.

In a statement issued this afternoon, GECOM  said the decision taken was provided for by Singh after weeks of deliberation on the motions brought to the Commission by the government nominated Commissioners seeking the removal of those persons from office.

It added:

Justice Singh posited:

  1. That although they hold public / statutory office, they are not public but rather contractual officers. They have no security of tenure and their respective contracts stipulate the terms by which they are bound;
  2. That these officers exercise the right to enter their respective contract willingly and voluntarily and were therefore aware of the method of termination provided by the respective contracts;
  3. That it is trite law that not even a court of law can enforce a contract for personal services against an employer terminating the contract of an employee since the proper relief for a breach in an employment contract for personal services lies in damages;
  4. That in relation to the CEO, clause 9 of his contract stipulate that his services can be terminated by giving him three months’ notice or payment in lieu of;
  5. That in relation to the DCEO and the RO their contracts stipulate that the Commission may at anytime terminate their employment by giving three months’ notice or payment in lieu of.

Accordingly, the the statement said officers will be paid three months’ salary in lieu inclusive of all allowances under their respective contract as well as payment for remaining days of vacation leave (if any).

FM

PSC registers β€œsatisfaction” with booting of Lowenfield, Myers, and Mingo from GECOM

The Private Sector Commission (PSC) notes its satisfaction and registers its support relative to the ruling given yesterday by the Chairperson of the Guyana Elections Commission (GECOM), Justice (Ret’d) Claudette Singh to terminate the services of the Chief Elections Officer, Keith Lowenfield, Deputy Returning Officer, Roxanne Myers, and  District 4 Returning Officer, Clairmont Mingo for their β€œattempts to derail the election process and the will of the people”.

The Commission said it commends the Chairperson and GECOM Commissioners, for having brought this matter to closure.

β€œThe Private Sector Commission from the beginning has publicly advocated that GECOM’s decisions be transparent and in compliance with the law and consistent with international standards and best practices. The PSC believes that this decision is a step in the right direction in restoring public confidence in the Guyana Elections Commission, especially as we approach the holding of Local Government Elections,” the commission said

It added that it will remain committed in its efforts β€œto honor its role as a key stakeholder by promoting and advocating for a non-partisan, fair and democratic process in conducting elections in accordance with the law”.

The former employees were fingered in alleged attempts to manipulate the results of the last General and Regional Elections in March 2020. They are before the courts facing several charges.

FM

Private Sector lauds changes at GECOM

…calls for technically competent, impartial replacements

, Source - https://guyanatimesgy.com/priv...mbattled-gecom-trio/

Stakeholders have commended the Guyana Elections Commission (GECOM) for its decision to fire Chief Elections Officer Keith Lowenfield, his Deputy Roxanne Myers and Returning Officer for Region Four Clairmont Mingo – and have since demanded that a transparent process be embarked upon to find their replacements.

https://guyanatimesgy.com/wp-content/uploads/2021/08/lowenfield-mingo-myers.jpg

Two major Private Sectors bodies – the Private Sector Commission (PSC) and the Georgetown Chamber of Commerce and Industry (GCCI) – were accredited observers at the March 2020 elections and witnessed the events that unfolded during the five-months impasse first-hand.

The embattled trio had attempted to sway the results of the 2020 elections and are now facing electoral fraud charges in the court. They were, however, dismissed on Thursday, following which the two entities lauded the decision.

On Friday, the PSC said the removal of the GECOM trio who attempted to derail the election process and the will of the Guyanese people, is a step in the right direction, and commended the Elections Commission for bringing this matter to closure.

β€œThe Private Sector Commission from the beginning has publicly advocated that GECOM’s decisions be transparent and in compliance with the law and consistent with international standards and best practices. The PSC believes that this decision is a step in the right direction in restoring public confidence in the Guyana Elections Commission, especially as we approach the holding of Local Government Elections,” the missive detailed.

Nevertheless, the PSC recommitted to honour its role as a key stakeholder by promoting and advocating for a non-partisan, fair and democratic process in conducting elections in accordance with the law.

On the other hand, the GCCI recalled witnessing several acts of obfuscation, open defiance to the instructions of the Elections Commission and the courts, as well as partial actions during the electoral process.

β€œβ€¦as an organisation, the Chamber was pleased at the steps taken… to hold recalcitrant officers of the GECOM accountable… The GCCI would like to state that this is a step in the right direction for Guyana. This is based on our first-hand observation of the partisan and unprofessional actions of those officers during [the General and Region Elections] which placed Guyana at risk of entering into the league of pariah states,” the statement on Friday outlined.

Going forward, the GCCI said it looks forward to an open and transparent hiring process to fill the now vacant positions at the Elections Secretariat with β€œtechnically competent and impartial officers” to execute their statutory responsibilities.

Moreover, the Chamber went on to reiterate that these developments now represent an opportune time for Guyana to undertake the necessary electoral reforms, while also underscoring the urgency with which the process ought to be executed.

β€œThus, the GCCI calls on the leadership of Guyana to ensure that the electoral reforms process is undertaken as a matter of highest priority so as to ensure that there is no risk of the recurrences of [General and Regional Elections] 2020. The GCCI anticipates the electoral reforms process to be one which has the input and involvement of a wide range of stakeholders, so as to solicit ideas on the strongest sets of reforms possible,” the GCCI stated.

According to the Chamber, it stands ready, as a partner in national development, to support the electoral reforms process and anticipates that this important undertaking will be similarly supported by all citizens of Guyana.

Last month, Attorney General and Legal Affairs Minister Anil Nandlall, who is spearheading the reform process, disclosed that the first instalment of the draft electoral reforms have already been drawn up.

Nandlall said the draft document is currently with the party’s leaders for review.

β€œWe have the electoral reforms. I’ve churned out one set of drafts already and that is with our political leaders. They are consulting on that and soon that will be made public,” the Legal Affairs Minister said during his programme.

Guyana Times understands that once all the draft documents are in place, it will be sent to stakeholders for review.

Vice President Bharrat Jagdeo had previously explained that once completed, the draft amendments would be sent to the various political parties including the APNU/AFC Opposition, civil society bodies, the Guyana Elections Commission (GECOM) and the international community for review. It will also be available for the public to give their input before it is finalised and presented in the National Assembly, where again it will be debated upon by both the Government and parliamentary Oppositions.

The need for both electoral and constitutional reforms was underscored following last year’s March 2 General and Regional Elections, which led to a five-month tumultuous impasse before the Irfaan Ali-led PPP/C government finally took office on August 2, 2020.

It was previously reported that the Representation of the People Act (RoPA), which contains laws specific to the conduct of elections and election-related issues in Guyana, is being ironed out to remove ambiguous provisions and include penalties for persons attempting to carry out electoral fraud.

The ongoing reforms is intended to tighten the legal process and rectify the deficiencies that led to the post-election events in 2020. Another important component of the reforms would be the hiring process at the Election Commission. (G8)

FM

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