– says chairman

CHAIRMAN of the Local Government Commission (LGC), Mortimer Mingo said the commission is being hampered in its functions due to the non-payment of salaries for the month of January, 2019.

Mingo explained that Permanent Secretary of the Ministry of Communities(MoC)Emil McGarrell, is withholding the salaries on the ground that the LGC is not a constitutional body.

According to Mingo, McGarrell informed that the LGC, itself, cannot regulate salaries or hire employees without permission from the minister of communities, as well as, the Minister of State Joseph Harmon.

This development, Mingo said, he finds baffling given that the creation of the LGC is provided for by Article 78A of the Constitution, under the Local Government Act 2013.
“I don’t know how they say that we are not a constitutional agency. I have absolutely no idea,” Mingo told Guyana Chronicle.

“We have received a letter stating that we are not a constitutional agency, and that we need to get permission from the Ministry [of Communities] and also from Minister Harmon as to employment and to approve the salaries for the LGC. On Friday, the secretary of the commission met with the permanent secretary and reported back to me, that the PS (McGarrell) would’ve said that he’s not signing the salaries for the commission, unless he receives instructions from the minister, I’m assuming it’s Minister Bulkan,” he said.
The LGC currently has eight commissioners and 27 staff members working at its Eping Avenue, headquarters. Six new staff members were hired last month. Mingo said that the commission is aiming for a full complement of some 49 staff members.

Earlier last month, the Ministry of Communities had issued a statement via the Department of Public Information (DPI) that “releases [had] been made for the payment of salaries of the Local Government Commission staff for the month of January 2019.”

The statement, further noted, that the ministry was very concerned that “the 2019 employment cost for the commissioners and staff was 91.4 per cent of the 2019 Budgetary Allocation.”

The Ministry of Communities, along with the Ministry of Finance had met with secretary of the commission on the situation last month. The MoC subsequently issued a letter to the commission.

In the letter to the commission dated January 21, 2019, McGarrell informed that while the ministry had never in the past objected to the salaries issued by the commission, it was because it was felt that the commission was deemed a constitutional body.

“The ministry is aware that the commissioners and staff salary prior to 2019 was paid without any objection. This no-objection was promised on an understanding that the LGC was a constitutional agency… now that it is clear, that the LGC is not a constitutional agency, you are advised not to commit expenditure not approved by the National Assembly. Hence, payments of wages and salaries, along with other current expenditure should not exceed $124, 239,000, which was approved by the National Assembly for 2019. You’re advised not to make any commitment outside of the allotted amount, in accordance with the Fiscal Management and Accountability Act of 2003,” the letter directed.

Though no reason was stated as to why it was decided that the LGC was no longer considered a constitutional body, the letter stated, that salaries being issued by the commission have moved away from the traditional public service requirements.
The Local Government Commission Act 2013, however, outlines the provisions for the hiring of staff at the commission. Section 22(2) of the Act states that: “the remuneration and other terms and conditions of employment of the secretary, and other officers and employees of the commission, shall be determined by the commission.”

The Act also noted that “the Commission shall not be subject to the direction or control of any authority.”

Mingo said the delay is hampering work at the commission, and has even held up the commission’s ability to deal with implementation of the recommendations from the report of the Commission of Inquiry (CoI) into City Hall.