Latest update April 20th, 2024 12:10 AM
Nov 01, 2018 News
Retired Justice Cecil Kennard is adamant that Mayor Patricia Chase-Green should have sought independent legal advice on the no-confidence motion brought against Town Clerk of the Georgetown municipality, Royston King.
Kennard expressed his views on the matter during a hearing of the Commission of Inquiry into City Hall, over which he presides as Chairman.
The retired Judge had questioned the Mayor extensively over the manner in which she handled the motion. Chase-Green returned to the witness stand yesterday, where she faced another round of questions in relation to the issue.
Under cross-examination by Counsel for the Commission, Everton Singh-Lammy, Mayor Chase-Green noted that although she presided over the council, she was legally bound to accept the advice provided by the Town Clerk and the vote of the council in relation to any issue.
“The Mayor does not have Veto powers,” she said.
She said too that she did not find it “peculiar” that the Town Clerk had sought legal advice for a motion against him, because the laws governing the Council give power to the Town Clerk to seek legal advice on matters.
“I cannot on my own go out and get legal advice, because that is not covered by the law.”
Asked specifically about the lawyer of whom advice was sought, Chase-Green noted that she was advised that the Town Clerk sought the advice from his Attorney.
Pressed further about the issue, the Mayor disclosed that she later learnt that the same Attorney, Maxwell Edwards, was part of the team of lawyers, who offered advice to the Council from time to time.
“Are you familiar with the rules of natural justice, Madame Mayor, that no man be a judge in his own cause?” Singh –Lammy inquired.
“Yes I am familiar… but the law gives the Town Clerk certain powers,” Chase-Green responded.
The Mayor told the Commission too that it was at her behest that the Town Clerk had placed the motion on Council’s agenda.
“He said that based on the advice of his lawyer, the no-confidence motion should not make it on the agenda at all. But I said regardless of your advice; put the motion on the agenda for it to be addressed by the full Council.”
She explained further that once it was placed on the agenda, she sought the Council’s approval for it to be read and she received that approval.
Chase-Green told the Commission that the Council was then informed that advice was offered.
She noted that based on the advice, the mover of the motion, Sherod Duncan, had been asked to make certain amendments, but he refused.
Given Duncan’s stand, the Mayor said that the Council was asked to vote on whether to accept the advice that was offered.
The majority voted in favour of the advice and the Council did not proceed with the motion.
Under further questioning from her Attorney, Lyndon Amsterdam, the Mayor was resolute that she followed the law on the issue and allowed the Council to deal with the matter.
Responding to concerns about King’s participation in his own case, Chase-Green reminded the Council that this was not the first time that a no-confidence motion was brought against a Town Clerk and on previous occasions, the Town Clerks also sat and took part in the matter as it was brought before the Council.
She said too that she is not aware of a single case where other Mayors were held accountable for similar actions.
“I’ve known of no other Mayor that has been held accountable for motions not debated in the council,” the Mayor explained.
Chase-Green told the Commission that she has been a part of the council since 1994 and has witnessed instances where No-Confidence motions were brought against the previous Town Clerk and it was dealt with in a similar manner.
On March 12 last, the Mayor had circulated the advice from Edwards.
Among other things, Edwards advised that the motion is amended to remove the ‘no confidence’ clause.
Duncan subsequently advised the Council that he will not change ‘a line’ or ‘a full stop’ in the motion.
Chase-Green says that Duncan’s refusal led to the motion being thrown out by the council.
Chairman Kennard then emphasised that the Mayor should not have allowed the Town Clerk to seek and use legal opinion he had obtained from his personal Attorney, to stop the debate on a no-confidence motion.
The Chairman insisted that the Town Clerk ought not to have played any part in a matter involving allegations against him.
“The Town Clerk should recuse himself from that or any participation… or be seen at the meeting,” said Kennard. These are serious accusations against the Town Clerk … He is the suspect so to speak, and you are going to act on this advice?”
Justice Kennard noted, too, that King’s lawyer had sent a letter to Duncan threatening legal action.
“You should have sought independent legal advice of another lawyer— council’s lawyer,” Justice Kennard stated. Meanwhile, in his representation of the City Mayor, Attorney Amsterdam noted that he could not find anything in the Municipal and District Council’s Act 28:01 concerning the procedures the Mayor should follow when there is a no-confidence motion against the Town Clerk.
“This is not a matter of law but a matter of commonsense,” Kennard replied.
Where is the BETTER MANAGEMENT/RENEGOTIATION OF THE OIL CONTRACTS you promised Jagdeo?
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