Gasper still acting as Town Clerk in Linden; Mayor intends move to the Court

Mayor of Linden Sharma Solomon has announced that the Town Council is exploring the possibility of taking legal action against the Local Government Commission (LGC) over the unconstitutional and unilateral appointment of PPP/C Activist, Lenox Gasper as the Municipal Town Clerk.

Gasper was unilaterally appointed by the Chairman of the Local Government Commission in early November.

However, following widespread condemnation from the Mayor and Town Council, the Commission rescinded the appointment and asked that the position be advertised.

However, though he was not appointed to act, Gasper has continued to operate out of the Office of the Town Clerk. He is also named on the Council’s Republic Bank Account as the Municipal Town Clerk.

In addressing reporters during a virtual press conference today, the Mayor said he is still locked in discussions with the opposition-nominated Local Government Commissioners on the matter due to the complexity of the issue.

“I spoke to the commissioners on this particular matter of legal action, and I think we are still at that point of discussing it because it is not that the council is unwilling, it is that the council does not have a legal officer. Even if Mr Gasper is removed, we don’t have a Clerk of Council unless the Commission appoints the next senior person to act,” Solomon told reporters.

Local Government Commissioner Nicola Trotman said the unilateral appointment of Gasper as Town Clerk must be rejected.

While speaking on behalf of the other opposition-nominated Local Government Commissioners, Trotman said that the Chairman of the Local Government Commission, Julius Faerber, does not have the power to single handedly appoint a Town Clerk or any local officer as he sees fit.

She said there is a process that should be followed, and Gasper’s appointment was in clear violation of fair practices.

“The unilateral decision to appoint Mr. Gasper without due consideration of the Council’s decision and recommendation to have the most senior officer act until the approved process for hiring is commenced and concluded and or to consider other prior applicants or consideration for other qualified candidates undermines the principles of meritocracy and fairness in public service appointments. This is a deviation from the accepted norms of the employment process and a clear violation of our employment circular,” Trotman said.

Ms. Trotman also told reporters that the partisan nature of Gasper’s appointment raises serious concerns about political interference in the functioning of local government institutions.

The Local Government Commissioner said it is imperative that appointments to key positions within local government bodies are made based on qualifications, experience, and merit, rather than political affiliations, which seems to be the case in the appointment of Gasper.

“The Commission prides itself as a nonpartisan body which acts fairly and transparently, but this appointment is only one example of the politicised nature of the Commission. This Commission has sunk to low levels and now all decisions are made through a political lens and from political orders from the government. This we submit is a blatant departure from the intention of the framers of our Constitution when they decided to include Article 78A in the amendment of the Constitution,” Trotman said.

The Local Government Commission, she said, must discontinue its decision regarding the appointment of Gasper as Town Clerk or Acting Town Clerk.

Opposition Member of Parliament, Ganesh Mahipaul, who holds responsibility for Local Government and Regional Development, said it is clear that the Local Government Commission is being used as a political tool of the Government to control and dominate Local Government.

MP Mahipaul said following the 2020 case brought against the Local Government Commission by then Mayor of Georgetown, Ubraj Narine, a motion was passed at the level of the Commission investing significant powers in the Chairman and Deputy Chairman of the Commission, powers that were previously vested in the Commission.

The Opposition intends to challenge that decision.

“What the Parliamentary Opposition sought to do is to table an amendment to the Local Government Act of 2013, whereby we are seeking to amend the Act to include that the Local Government Commission, in keeping with Article 78 of the Constitution has the mandate to deal with staff matters, but when it comes to appointment of staff, it must be after receiving a recommendation from the local government organs,” the Opposition MP explained.

He said it is important that procedures are followed and adhered to. However, MP Mahipaul said with the Government holding a one-seat majority in the National Assembly, it is not likely that they will allow the motion to pass.