Assistant Town Clerk moves to court to suspend appointment of interim Town Clerk

Former Town Clerk (ag) Sherry Jerrick has moved to the High Court seeking to suspend the July 27, 2021 decision of the Local Government Commission (LGC) to appoint Candace Nelson as the new acting Town Clerk.

Jerrick, in an application, filed before Chief Justice Roxane George is seeking an interim order staying or suspending the implementation of the LGC July 27, 2021 decision to appoint Nelson until the hearing and determination of her application. She also wants costs or any order the court deems just.

The now Assistant Town Clerk through her batch of Attorneys, Teni Housty, Nigel Hughes, and Konyo Sandiford, contends that Nelson since her “attempted installation” as the Town Clerk acting has taken several disruptive actions, which pose serious ongoing continuing breaches that comprise the sanctity of the operations of the Council.

In fact, they said that the New Town Clerk has sought to suspend a tendering process, which commenced months before July 28, 2021.

“Candace Nelson has sought to influence the records of the statutory meetings of the Mayor and City Council of Georgetown, by deleting matters from minutes as well as seeking to dictate the contents of the agendas for subsequent meetings of the Mayor and City Council,” Jerrick said in court documents.

On July 27, 2021, the LGC removed Jerrick as acting Town Clerk and appointed Nelson as the interim Town Clerk.

Mayor Ubraj Narine and the City Councillors have since rejected the appointment, thereby causing a spat between the two entities.

In fact, the Mayor and some Councillors attempted to remove Nelson from a statutory meeting last week, but their attempt was unsuccessful.

Meanwhile, the seven-member Commission yesterday explained that a unanimous decision was made last month to have Jerrick reverted to her substantive position over concerns of her performance.

The LGC further contended that its unanimous decision is in keeping with the powers ascribed to it by Section 13 of the Local Government Commission Act, No. 18 of 2013, which vests the LGC as the sole entity in Guyana with the power to deal with all matters relating to the regulation and staffing of local government organs, which includes City Hall.

M&CC moves to court to remove acting Town Clerk

The Mayor and City Councillors (M&CC) of the municipality of Georgetown are challenging the Local Government Commission’s (LGC) appointment of Candace Nelson as acting Town Clerk, and in the meantime are seeking an order suspending her appointment until the court pronounces on its lawfulness.

In legal proceedings instituted by the Town Clerk against the LGC, it is being contended that Nelson “is acting without proper authority,” and will continue to disrupt the smooth and efficient functioning of the Council.

The application which is seeking to have Nelson removed from the post cites her for taking disruptive actions which pose serious ongoing and continuing breaches that compromise the sanctity of the Council’s operations.

It further accuses her of influencing the records of the M&CC’s statutory meetings by deleting matters from minutes of meetings and seeking to dictate the contents of the agenda of later meetings.
According to the court document seen by this publication, Nelson suspended a tendering process that began months before her appointment and has potentially compromised the ability of the M&CC to honour its contractual and other financial obligations.

She is being accused of failing to facilitate a proper handover of the M&CC assets. The Town Clerk stated that unless Nelson is removed, she will further disrupt the Council’s business. The matter has been fixed for hearing before Chief Justice Roxane George, SC.

Nelson was appointed after the LGC wrote to then acting Town Clerk Sherry Jerrick and instructed her to return to her substantive position of Assistant Town Clerk effective from July 28. Chairman of the LGC, Julius Faerber had recently said that the decision to remove Jerrick was a unanimous one.

“That decision was unanimously voted in favour of, and when I said unanimously, there were seven Commissioners who were present at that time, and all seven of them voted in favour of having Ms Jerrick return to her substantive position. That was the situation that occurred,” he had told a news conference.

According to him, the decision to appoint Nelson is in keeping with the authority vested in the Local Government Commission under Sections 12 and 13 of the Local Government Commission Act.

Specifically, he pointed to Section 13 (2) which states: “The Commission shall have the power to deal with all matters relating to the staffing of Local Government organs, and in particular shall be responsible for employment, transfer, discipline, and dismissal of staff.”

At the Council’s most recent statutory meeting held at the Kitty Market in Georgetown, Mayor Ubraj Narine and Councillors protested the appointment of Nelson and also demanded that she leave the meeting. However, Nelson, who was served with a copy of the court documents challenging her appointment, did not budge. As a result, the meeting was adjourned to next Monday.

Perhaps Mayor Ubraj Narine needs to spend his time to understand the laws governing the appointment of personnel by the Local Government Commission.

That is a good looking girl. Ali Khan would love a girl like that sitting next to him.

Town Clerk walks out of statutory meeting after Mayor refuses to recognise her status

Candace Nelson and Ubraj Narine

Interim Town Clerk, Candace Nelson on Monday walked out of City Hall’s Statutory Meeting after Georgetown Mayor Ubraj Narine indicated that the Council would not recognise or include her in the proceedings.

Nelson would have sought to share her input as the Mayor chaired the meeting, to which he responded, “I do not recognise you. Your words can’t be minuted here because the chair don’t recognise you. I don’t recognise you. You would not be recognised by the chair.”

Nelson was appointed by the Local Government Commission, and Sherry Jerrick who served as Town Clerk was reverted to her previous position. However, the Mayor has since filed legal proceedings before the Chief Justice, challenging her appointment.

With some Councillors holding placards and calling for Nelson’s removal, the interim Town Clerk walked out of the meeting. The Council then appointed Solid Waste Director Walter Narine to take her place for the remainder of the session.

Thereafter, the Council then moved to elect a committee to approve payments and finances for their operation. The Mayor instructed them to do so within 24 hours.

At a recent statutory meeting, workers of the Council protested at the Kitty Market in Georgetown, where a statutory meeting was scheduled to be held. However, Councillors voted in favour of Mayor Narine having the meeting adjourned, as their attempts to remove Nelson were unsuccessful.

Before the meeting commenced, the Mayor and Councillors had said they did not recognise the appointment of Nelson and, as such, they asked her to “step down” to allow the meeting to be chaired by the Deputy Town Clerk, who was given such duties in the past.

However, Nelson wrote to then acting Town Clerk Sherry Jerrick and instructed her to return to her substantive position of Assistant Town Clerk effective from July 28.

The Mayor told Nelson that legal proceedings have been filed before the Chief Justice, challenging her appointment, and he demanded that Nelson leave the meeting. Standing at their seats waving their placards, Councillors shouted at Nelson, “We do not recognise you!”

The interim Town Clerk then informed the meeting that she was not leaving, as her lawyers have advised her that there is no court order restraining her from participating in the meeting.

Chairman of the Local Government Commission, Julius Faerber had shared some insight into the matter a few weeks ago where he stated that the decision to remove Jerrick was a unanimous one.

“That decision was unanimously voted in favour of, and when I said unanimously, there were seven Commissioners who were present at that time, and all seven of them voted in favour of having Ms Jerrick return to her substantive position. That was the situation that occurred,” he had told a press conference.

Faerber had pointed out that the decision to appoint Nelson is in keeping with the authority vested in the Local Government Commission under Sections 12 and 13 of the Local Government Commission Act.

Section 13 (2) states thus: “The Commission shall have power to deal with all matters relating to staffing of Local Government organs, and in particular shall be responsible for employment, transfer, discipline and dismissal of staff.”

All the Pandit has to do is to put two kisses on that girl and you will see how fast she will run away.

@Ali Khan Azad posted:

All the Pandit has to do is to put two kisses on that girl and you will see how fast she will run away.

You would  like him  to do that to you eh.

Disruption of municipal services likely over Town Clerk’s appointment disagreement

Aug 26, 2021 News, Source - https://www.kaieteurnewsonline...ntment-disagreement/

Kaieteur News – The administration of the Georgetown Mayor and City Council (M&CC), has announced that over the next few days, the provision of certain essentials municipal services to local communities may be disrupted. This is as a direct result of the ongoing disagreement within the Council over the appointment of Candace Nelson as the Interim Town Clerk.

Interim Town Clerk, Candace Nelson

In a statement issued to the press yesterday, the M&CC explained that as a result of the issue, a delay in payment of wages and salaries to the Council’s employees is anticipated.

The statement went on to explain that on her appointment to the position of Acting Town Clerk by the Local Government Commission, Nelson wrote to Republic Bank (the institution where the Council has its accounts) and notified its management of those changes. In that letter, the Town Clerk requested the necessary and corresponding changes to the signatures of the Council’s accounts.

However, it noted that subsequently, the administration was “informed, informally” that the Mayor, Ubraj Narine, had written to the bank (Republic Bank) and attempted to instruct its management to retain the old signature of Ms. Sherry Jerrick, who has been reverted to her substantive position as Assistant Town Clerk, and Mr. John Douglas, City Treasurer (Ag) who is on vacation leave.

“Again, this is unprecedented as it is the administration that has the statutory responsibility to communicate with the bank and related institutions. Neither the Mayor nor any Councillor is a signatory to the accounts of the City Council. The Act, Chap 28:01, does not confer on the Mayor as an individual the authority to write and instruct the bank or any institution for that matter,” the release added.

For all appearances, the statement said that it does appear that the letter, by the Mayor, caused the bank to sustain the old signatories to the accounts.

As a result, it noted that to date, new and necessary changes are not reflected in the Council’s accounts.

The statement outlined that consequently, the administration cannot move forward with the pay roll within the agreed time to pay workers of the Mayor and Councillors of the City of Georgetown.

“This would cause a delay in payment of workers’ salaries. This would affect workers ability to perform their tasks and disrupt systems to provide services to citizens,” it said.

Notwithstanding this, it stated that the Town Clerk (Ag), Nelson, has informed the Minister of Local Government and Regional Development and the Chairman of the Local Government Commission.

The M&CC said, that administration is aware that steps are being taken by the Ministry and Commission to resolve the prevailing issue in the shortest possible time.

Additionally, the Town Clerk has also written to the unions (the Guyana Labour Union and the Guyana Local Government Officers Union) that represent workers and officers of the City Council on the matter.

The Chief Administrative Officer has also informed all heads/sectional heads of departments about this pressing issue and has asked them to communicate the facts of the matter to workers attached to their departments, the release added.

@Former Member posted:

Disruption of municipal services likely over Town Clerk’s appointment disagreement

Aug 26, 2021 News, Source - https://www.kaieteurnewsonline...ntment-disagreement/

Kaieteur News –

However, it noted that subsequently, the administration was “informed, informally” that the Mayor, Ubraj Narine, had written to the bank (Republic Bank) and attempted to instruct its management to retain the old signature of Ms. Sherry Jerrick, who has been reverted to her substantive position as Assistant Town Clerk, and Mr. John Douglas, City Treasurer (Ag) who is on vacation leave.

“Again, this is unprecedented as it is the administration that has the statutory responsibility to communicate with the bank and related institutions. Neither the Mayor nor any Councillor is a signatory to the accounts of the City Council. The Act, Chap 28:01, does not confer on the Mayor as an individual the authority to write and instruct the bank or any institution for that matter,” the release added.

For all appearances, the statement said that it does appear that the letter, by the Mayor, caused the bank to sustain the old signatories to the accounts.

The Pandit should pull a Cuomo on the girl and ask her if she would date a Pandit. You will see how fast she would run away.

High Court refuses to grant injunction suspending Town Clerk’s appointment

Mayor Ubraj Narine and Town Clerk (ag) Candace Nelson

High Court Judge Jo Ann Barlow has refused to grant the Mayor and City Councillors (M&CC) of Georgetown an interim injunction against the Local Government Commission (LGC) suspending a decision of the latter to appoint Candace Nelson as Town Clerk.

In a ruling handed down on Monday, Justice Barlow also dismissed an application filed by the LGC to strike out the M&CC’s claim. Arguing that they were not consulted on Nelson’s appointment and that she is not qualified for the post, the M&CC is contending that her appointment is unlawful.

With the Court refusing to grant the injunctive relief, it will now proceed with hearing the substantive application. The M&CC and LGC are being represented by Attorneys-at-law Teni Housty and CV Satram, respectively. The LGC was granted 14 days from Monday to file its defence.

The M&CC was granted seven days thereafter to reply if necessary. The matter will come up again on October 6 at 15:00 h for Case Management Conference (CMC) at the Demerara High Court.

Last month, the M&CC instituted judicial review proceedings against the LGC challenging its “unilateral” appointment of Nelson. In a Fixed Date Application (FDA), the M&CC submitted that it was not included in consultations on her appointment, and as such, she “is acting without lawful authority,” and continues to disrupt the smooth and efficient functioning of the Council.

The M&CC cited Nelson for taking disruptive actions which pose serious ongoing and continuing breaches that compromise the sanctity of the Council’s operations. She is also being accused of influencing the records of the M&CC’s statutory meetings by deleting matters from minutes of meetings and seeking to dictate the contents of the agenda of later meetings.

Court documents state that she suspended a tendering process that began months before her appointment and has potentially compromised the ability of the M&CC to honour its contractual and other financial obligations. She is also being accused of failing to facilitate a proper handover of the M&CC’s assets.

Unless Nelson is removed, the M&CC said she will further disrupt the Council’s business.

Nelson was appointed after the LGC wrote to then acting Town Clerk Sherry Jerrick and instructed her to return to her substantive position of Assistant Town Clerk effective from July 27. LGC Chairman, Julius Faerber had recently said the decision to remove Jerrick was a unanimous one.

“That decision was unanimously voted in favour of, and when I said unanimously, there were seven Commissioners who were present at that time, and all seven of them voted in favour of having Ms Jerrick return to her substantive position. That was the situation that occurred,” he had told a news conference.

According to Faerber, the decision to appoint Nelson is in keeping with the authority vested in the Local Government Commission under Sections 12 and 13 of the Local Government Commission Act.

Specifically, he pointed to Section 13 (2), which states: “The Commission shall have the power to deal with all matters relating to the staffing of Local Government organs, and in particular shall be responsible for employment, transfer, discipline, and dismissal of staff.”

Nelson left one of the Council’s recent statutory meetings after Mayor Ubraj Narine indicated that the Council would not recognise or include her in the proceedings.

Meanwhile, an earlier meeting of the Council was aborted after the Mayor and Councillors protested her appointment and demanded that she leave.

However, Nelson did not budge.