-police to prevent clamping of citizens’ vehicles

GOVERNMENT has mandated police to protect the vehicles of citizens from being clamped by enforcers of the parking meter project even as it slammed the City Council for not taking action to have the initiative suspended.

In a statement issued by the Ministry of the Presidency Tuesday evening, headlined” Statement of the Cabinet on the Georgetown Mayor and City Council’s lack of action in response to the decision to suspend the Parking Meter Project,” Cabinet said it deliberated on the actions taken by the Georgetown City Council (GCC) subsequent to its decision to have the Parking Meter Project suspended for three months to allow for the review of the agreement and was disappointed with the lack of action taken by the GCC.

“As a consequence, the Minister of Communities, Ronald Bulkan was directed to formally suspend the operation of the By-laws governing the Parking Meter project with immediate effect. The Minister of Public Security, Mr. Khemraj Ramjattan was also instructed to advise the Commissioner of Police to ensure that as of today (Wednesday, March 22, 2017) citizens and their vehicles would receive the protection of the Guyana Police Force (GPF) to prevent them and/or their vehicles from being unduly hindered or restrained in any way, whatsoever, by the GCC and/or its agents.”

Meanwhile, Guyana Chronicle was told that Cabinet was incensed by the Council’s decision to disobey the order of the minister and such the decision was made to suspend the by-laws. This newspaper was also told by a reliable source that an advisory will be issued for citizens not to pay for parking. According to the source though the new order did not indicate the duration for suspension, it may last for such time until the city presents a better and affordable option for use of municipal streets. Guyana Chronicle also understands that there were strong views for the revocation of the by-laws, which would have in effect terminated the arrangements between City Hall and the contractor.

On Monday a majority of city councillors voted in favour of a motion that sought to defy Bulkan’s “order” to have the parking meter by-laws suspended for three months. The councillors, who did so on the basis of a document containing legal advice that was sought to counteract the minister’s order, felt they needed time to “study” such advice.

In deciding how much time the councillors will be facilitated to peruse the four-page document, Deputy Mayor, Sherod Duncan, who chaired the meeting as Acting Mayor, said it seems that the issue is not one that is as urgent as Town Clerk, Royston King told him it was. For this reason, he fixed the next meeting for Monday when Mayor Patricia Chase-Green will be presiding. From now to Monday, when asked what is the position of Smart City Solutions (SCS), King would only tell this newspaper: “The Council has not given any new or further direction to SCS. We have a contract that is in force.” This essentially means that motorists should continue to pay for parking and that enforcement measures will continue to be applied.

In an interview with this paper on Saturday, Duncan had expressed confidence that no one would oppose the advice of Cabinet, which would have resulted, yesterday, in the suspension of the by-laws. He reasoned that since APNU (A Partnership for National Unity) councillors represent the majority in the Council, there could not have been any other outcome, other than them following through with the minister’s advice.

According to the legal advice City Hall received from lawyer Roger Yearwood the Municipal and District Councils Act “does not permit the honourable minister to direct the council to suspend any contract or by-laws enacted by it as the honourable minister purports to do by his order dated 17th day of March, 2017.” Yearwood continued in the document that it is important to note that the minister’s order does not suspend the by-laws, but directs the council to do so. “As such, if the council accedes to this mandate, it is the Act of the Council that will be effective to suspend the by-laws and not the order of the honourable minister. This would necessarily leave the Council susceptible to a claim for breach of contract by Smart City Solutions (SCS).”

Before the minister’s direction, Town Clerk, Royston King, had written to Minister Bulkan asking him to consider that there is no provision in the contract between M&CC and SCS to suspend it in part or in its entirety. “The suspension of the contract operates as a breach of contract and would therefore trigger the compensation clause.”

At the start of Monday’s meeting, APNU Councillor, Heston Bostwick, moved a motion requesting that city councillors be granted time to study the legal advice, and for a copy of it to be forwarded to Minister Bulkan. Those who voted in favour of Bostwick’s motion are: Councillors Chow-Chee, Oscar Clarke, Welton Clarke, Yvonne Ferguson, Junior Garrett, Gregory Fraser, Andrea Marks, Linda Gomes-Haley, Winston Harding, Linden Hilliman, Ivelaw Henry, Desiree Liverpool, Ron Persaud, Trichria Richards, James Samuels, and Monica Thomas.

Those who opposed the motion were Councillors Selwyn Smartt, Lionel Jaikarran, Bishram Kuppen, Alfred Mentore, Akeem Peter, Phillip Smith and Sherod Duncan.

Abstaining were Carlyle Goring and Sophia Whyte.

Chairman of the Finance Committee Oscar Clarke, who is also the General Secretary of the People’s National Congress (PNC), offered that after the minister communicated Cabinet’s recommendation, City Council thought it necessary to seek legal advice. This, he said, is due to the fact that the decision regarding parking meters has to be taken by the Council and not the minister. Clarke said it is clear that everyone will want to know of the legal implications of suspending the by-laws, including Minister Bulkan himself. He said the City Council will not want to follow the route that Cabinet has recommended without legal advice.