Dear Editor
PLEASE refer to an article which appeared in your Guyana Chronicle issue of September 17, 2016: “King snubs Duncan in Mayor’s absence.” I found the headline really interesting. However, it is seriously misleading. The town clerk cannot snub any member of the elective council because they are the people’s representatives; I respect and honour every one of them.
When the matter of acting mayor was raised at council’s last statutory meeting held September 13, 2016, I said that the situation arose out of an unfortunate misunderstanding of the role of the deputy mayor, the by-laws, and Standing Orders, which guide every action of the city’s administration.
It is clear that Her Lordship leaving the jurisdiction does not necessarily activate the law, which stipulates that the deputy mayor perform the duties of the office of mayor. The Municipal and District Councils Act, Chapter 28:01, section 17 (1) states: “During any period when the Mayor is for any reason unable to perform the functions of his office, those functions shall be assumed and performed by the Deputy Mayor.” Precisely what triggers this particular law, is the inability of the mayor to perform the functions of the office, nothing else. Two points here: First, if the mayor is out of the jurisdiction but can still perform the functions of the office, then there is no need for the deputy mayor or any councillor to perform those functions. Again, if the mayor is out of the jurisdiction and there are no functions to perform, say for example, presiding over statutory or other council meetings or attending a State, official or other such functions, then there is no need for anyone to perform those functions because there are none.
I was not advised by the mayor’s office or the council that the mayor would have been unable to perform any function of the office.
Second, beyond the law, there is a deeper and more fundamental philosophical and democratic reason, which must be taken into account. The mayor has to be elected by councillors of the municipality. It cannot be just assumed by anyone because the elected holder of that office is out of the jurisdiction. Perhaps, this is why successive councils chose to approve the period the deputy mayor or any other councillor (if the deputy mayor is unable to perform those functions) could perform the duties of the mayor; it is not automatic.
Even so, if the deputy mayor or a councillor were to perform the functions of the office of mayor, sub-section (5) of the Municipal and District Councils Act stipulates the substance and the process, which allow the person performing such duties to be given support by administration. Section 17 (5) states: “In the event of the Deputy Mayor or a Councillor performing the functions of the office of Mayor for seven consecutive days or more, the Deputy Mayor or Councillor, as the case may be, shall, during such period, have at his disposal, in lieu of the Mayor, the funds placed at the disposal of the said office in the manner specified for the payment of such funds.”
My statement to the Council is consistent with the Municipal and District Councils Act, Chapter 28:01.
Royston King
Town Clerk
City of Georgetown