Minister Bulkan sends Sooba packing -PRO Royston King tipped to replace her as Town Clerk
Outgoing Town Clerk, Ms. Carol Ryan Sooba
Outgoing Town Clerk, Ms. Carol Ryan Sooba

HAVING been embroiled in much controversy since her appointment to public office in 2012, acting Town Clerk of the Georgetown City Council, Ms. Carol Ryan Sooba, has been sent packing by Minister of Communities, Ronald Bulkan, via letter issued to her on Thursday, July 2.Sooba said the dismissal letter, which took effect on June 7, 2015, was delivered to her home by an officer attached to the Ministry of Communities, since she was still on administrative leave.

Minister of Communities, Mr. Ronald Bulkan
Minister of Communities, Mr. Ronald Bulkan

Following Minister Bulkan’s assumption to office just over a month ago, the Georgetown City Council took a decision to send Sooba on 42 days’ administrative leave; but with 2 days of that leave remaining, Sooba was served with the letter, titled ‘Revocation of Service’.

Signed by Minister Bulkhan and dated July 1, 2015, the letter stated: “Please be informed that your appointment as Town Clerk (ag) of the Mayor and City Council of Georgetown is hereby revoked.
Therefore, by virtue of the power invested in me at Section 116 (1) of the Municipal and Districts Council’s Act, Chapter 28:01, taken in conjunction with Section 326 (4) of the said Act, your appointment as Town Clerk (ag) is revoked effective from July 7, 2015.”

Section 116 (1) of the Municipal and Districts Council’s Act reads: “Any person who gives to the Commission or any member thereof any information which he knows to be false or which he does not believe to be true, or omits therefrom any material particular, shall be guilty of an offence.”

A more related section of the act empowering the Minister to exercise his power was noted is Section 119 (1) of the same Act, which states: “The power to appoint a chief executive officer or persons to hold or act in any local government offices the emoluments of which do not exceed eighteen thousand dollars per annum (including the power to confirm appointments), the power to exercise disciplinary control over any persons holding or acting in such offices and the power to remove any such persons from office shall vest in the council to which such person is to be appointed or in which he holds office and, in the case of the appointment of a chief executive officer, be subject to the approval of the Minister”.

Section 326 (4) of the Act, to which Minister Bulkan also alluded in his letter, could not be found in the Municipal and Districts Council’s Act, as the last section recorded was Section 321 of the same Act.

The letter cited no reason for the action taken, but former Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall, weighed in on the issue, offering that, for Sooba to be dismissed, a reason must be provided. He also argued that, legally, Sooba can appeal this decision taken by the Minister to send her packing.

PRO of the Municipality, Mr. Royston King
PRO of the Municipality, Mr. Royston King

Nandlall’s claim was supported by Section 121 of the Act, which states: “Where the power to exercise disciplinary control over any local government officer (including the power to remove him from office) has been exercised by any person or authority other than the Commission, the local government officer in respect of whom it was exercised may appeal to the Commission from the decision of that person or authority, in accordance with any rules made by the Commission under Section 114 pertaining to appeals under this section.”

However, it is unclear whether the provision cited in Section 121 of the Act caters for a situation in which there is no Commission in place, as currently obtains.

In an invited comment, Sooba vows to challenge her termination saying she is unsure whether this action can be taken against her, given that legal matters relating to her appointment are still before the court.

Sooba explained that after she had been forcefully sent on administrative leave on May 25, she had requested to meet with the Minister two days later. During that meeting, she said Minister Bulkan had promised her “all benefits” that would have been earned through her appointment as acting Town Clerk and, prior to that, Legal Officer to the Council.

“I served the Council for over 18 years,” Sooba told the Chronicle, adding that she has legitimately qualified for her benefits.

Additionally, Sooba disclosed that, while on leave, her monthly salary had been “chopped” in half. When she had enquired why, she was advised by the now serving Town Clerk that when employees proceed on leave, their salaries are reduced by half for that month.

Also pending, she said, is 84 days’ leave which she had been unable to acquire in 2013 and 2014 because of her commitment to the job. Iterating that her benefits should be awarded to her for her years of service to City Hall, Sooba noted that she has no problem with how Minister Bulkan handles his business.

Meanwhile, City Hall’s Public Relations Officer, Mr. Royston King, who allegedly had been sworn in illegally last year as Town Clerk, has been tipped to be Sooba’s replacement.

By Ravin Singh

 

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