…board chair, other directors resign in protest

PRIME MINISTER, Moses Nagamootoo and subject minister of the Guyana National Newspapers Limited has instructed the rescinding of a letter to dismiss Sherod Duncan as General Manager of the company, citing procedural defects and a lack of due process. The chairman of the board and two other directors have since tendered their resignations in protest over the decision of the PM.

The Board of Directors of the Guyana Chronicle had taken a majority decision to dismiss Duncan back in April after an audit report found over 20 transactions that did not follow financial regulations. As a result of the Prime Minister’s instructions board members: Chairman Geeta Chandan-Edmond, Mervyn Williams and Mr Hilbert Foster have since tendered their resignation.

A copy of the Prime Minister’s letter dated the 31st of May, 2019 to the Chairman of the Board, Attorney-at-Law Geeta Chandan-Edmond stated “I have received information from Directors of GNNL, that there was no vote put to the meeting by the Chair, and any statement to the contrary is wholly false.”

Prime Minister Nagamootoo in his statement noted that there is now a glaring irregularity in arriving at the decision to terminate the services of Duncan. “It must be clear that asking members of the Board their views on a situation does not amount to a vote.”
The Prime Minister said that Duncan was unilaterally terminated and it was arbitrary,

capricious, unlawful and in excess of the jurisdiction of the Board. “I am concerned that you have misled the office of the Prime Minister with the erroneous claim that the Board of Directors came to this decision. It is clear that you deliberately sought to terminate Mr. Duncan which did not accord with due process and procedural fairness, and I instruct that that decision be rescinded,” the Prime Minister stated in his letter.

Meanwhile, Chandan-Edmond in her response dated 4th of June, 2019 to the Prime Minister stated “when I accepted the position of Chair of the Board of Directors of GNNL, it was with the understanding that my professionalism and integrity would not be unfairly assailed.

I find that your letter not only calls into question my professionalism but the professionalism of fellow members of the Board of GNNL. In light of this, I hereby submit my resignation as Chairman of the Board of Directors, with immediate effect…” Further Mrs. Chandan-Edmond stated that on the special statutory meeting, which was held on the 2nd of April, 2019, following a call of vote on the matter of termination of Duncan’s services, three directors voted against termination of services and three directors in favour of termination.

“I exercised my right to execute a casting vote, in keeping with provision 94 as was recorded in and verified in the minutes of the proceedings. Additionally, I wish to state that I rely on my report to you into this matter and reiterate, that the process was fair and transparent, there was due process and all principles of natural justices were adhered to,” the Former Chairperson stated in her letter.

Director Foster in his letter of resignation on Tuesday stated his action is in accordance with a principled position as one of the directors, who voted to dismiss Duncan. “I cannot in good faith continue to be a member of the GNNL Board after reading your letter dated 31st May, 2019 to the Chairperson Mrs. Geeta Chandan-Edmond. I was present at the meeting and I am fully aware that the Board voted to dismiss Mr. Duncan,” Foster stated.

Director Mervyn Williams in his resignation letter on Tuesday stated “in my respectful view, the Duncan matter was handled professionally and he benefitted from due process, fairness and transparency. In that regard I believe I did my duty conscientiously and further that decision which was openly treated with remain unchallenged by any member of the Board until now.” He added: “I respectfully submit that there was a free, fair and open vote taken by members individually. At the conclusion of the process the chairman summarised the proceedings and sought confirmation as to the final outcome from each member individually. There was no dissenting view neither was there any objections regarding either the process or outcome.”