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Julius Faerber

Julius Faerber

July 31, 2021

Source

-law says three-member quorum needed for binding decision

Chairman of the Local Government Commission (LGC) Julius Faerber is maintaining that he had the authority to unilaterally appoint junior staff member Candace Nelson to act as Town Clerk of Georgetown, although the law stipulates that any action taken by fewer than three members of the constitutional body is not binding.

“I am the Commission between meetings. I am the Chairman. I have that authority to make that decision between meetings. It’s stated in the Act,” Faerber told Stabroek News yesterday, following accusations by two opposition-nominated members of the LGC that he unilaterally appointed Nelson without consulting the other members of the body.

Asked to identify the section of the legislation which empowers him to act in such a manner, Faerber indicated that he was not in a position to do so since he did not have the Act with him.

Candace Nelson

Stabroek News examined the Act and found that none of its 31 Sections make any such provisions as claimed by him. In fact, both Section 12 and Section 15 of the Act suggest that any action taken by fewer than three members of the Commission are not binding. Section 12 states that if the LGC membership falls below three, the Commission shall cease to function while Section 15 (3) specifies that a quorum is three members.

On Wednesday, opposition-nominated commissioners Joan-Ann Romascindo and Nicola Trotman told reporters that members were asked at their statutory meeting on Tuesday to agree to have acting Town Clerk Sherry Jerrick revert to her substantive post of Assistant Town Clerk due to underperformance. Trotman explained that Jerrick was previously written to and asked to show cause why this action should not be taken over “her failure” to deliver an Assets Register to the Commission.

The 30-page response submitted by Jerrick, which included the requested register, was never presented to members for perusal but the Chair requested that the officer be reverted.

Sherry Jerrick

According to Trotman, her requests for information on who would replace Jerrick were dismissed by Commissioner Carvil Duncan, who claimed that the issue of a replacement was not on the table for discussion and would be addressed at a later date.

Several minutes later, Trotman said that she received information that not only had a letter already been dispatched to Jerrick directing her to revert to Assistant Town Clerk but that Assistant Human Resources Manager Nelson had also been appointed interim Town Clerk.

The letter sent to Nelson and seen by Stabroek News is dated July 27, the day of the LGC meeting.

In fact the letter was received by City Hall at 2.11 pm, less than one hour after the GC meeting began and several minutes before a vote was taken to remove Jerrick from the post.

In his letter to Nelson, Faerber claimed that the decision to appoint her was made by the Commission in keeping with the authority vested under Sections 13 and 14 of the Local Government Commission Act.

These Sections grant the eight member Com-mission, acting as a body, the right to appoint, promote, dismiss and discipline staff.

The two opposition-nominated Commissioners maintain that a replacement was never discussed nor was Nelson.

In fact, since the letter was dispatched and received on the day of the monthly statutory meeting the Chair could not have been acting “between meetings” as he claimed.

His position, however, is not supported by the Local Government Commission Act, which regulates the operations of the LGC.

“The Chairman is not an executive chairman; the chairman is an elected chairman. Therefore, he doesn’t have the powers to write letters to the officials of the Local Government arms, that has to come through the Secretary of the Commission…I don’t acknowledge that letter,”

Trotman said.

Both Trotman and Romascindo said that Faerber eventually admitted that the letter had been drafted but was only to be dispatched after securing the approval of the Commission.

“How could you come, asking us to vote and support it and you have already issued the letter?” Trotman questioned.

Despite this, the Commission by a majority vote supported Jerrick’s return to her substantive post.

Currently the LGC comprises government-nominated members Clinton Collymore, Carol Sooba, and Norman Whittaker, opposition-nominated members Clement Corlette, Romascindo and Trotman, union representative Carvil Duncan, and Faerber, who nominated by the Minister of Local Government.

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City Council doesn’t recognise appointment of new interim Town Clerk

Source

July 31, 2021

Ubraj Narine

Ubraj Narine

Georgetown Mayor Ubraj Narine yesterday said the City Council would not recognise the appointment of Candace Nelson as interim Town Clerk and has sought legal advice on the way forward.

At a news conference, Narine vowed that the Council will continue to battle the imposition like it has in the past, while urging that the government stop politicising governing bodies and local agencies across the country.

Nelson’s appointment came to light after Chairman of the Local Government Commission Julius Faerber wrote to then acting Town Clerk Sherry Jerrick and instructed her to return to her substantive position of Assistant Town Clerk effective from July 28, 2021.

Narine, who said the Council had made no complaint against Jerrick, contended that the Commission appeared to act as the complainant, prosecutor and the judge in the matter and he called it an injustice.

Narine noted that Jerrick acted as Town Clerk for close to two years and the Council faced no problem with her performance and added that her decisions were executed fairly and the correct processes were followed.

He also questioned the process that was used by the Local Government Commission to select Nelson, whom he noted that temporarily been chosen to act in the place of Jerrick while she proceeded on vacation leave. However, he added that Nelson was almost immediately returned to her substantive post because of her attitude and after failing to comply with the decisions of the Council.

He was adamant that the Council will not be instructing her.

Maintaining that Nelson is not qualified for the post, he asked that the Commission reconsider the decision. He added that he reached out to Faerber on two occasions and asked for a meeting with the Commission but to date there has been no reply.

Narine, who said attempts would be made to internationalise the situation, suggested that the appointment represents a further attempt by government to frustrate the Council’s execution of its responsibilities.

He claimed that in spite of being stifled, including the denial of its annual subvention, the Council is still trying to manage its affairs and has had some success.

At the same time, he lamented that Georgetown appeared to be heading towards returning to a “garbage city” state as he again made mention of the Council being deprived of its subvention.

Narine noted that Nelson has not done anything outstanding as a training officer, “never produce a training manual or programme” and he voiced concern about what will happen to the council when meetings are called and the execution of decisions is needed.

Meanwhile, Councillor Clayton Hinds, who was also present at the press conference, stated that the council recognised that all its engagements with the LGC via letters seem to signal a “contentious and acrimonious” relationship.

He said to bring about good for the citizens, he believed that collaborative work is needed between the Commission and the Council.

Hinds also criticised Nelson’s performance, including her brief stint as Town Clerk, while saying that her unsatisfactory performance led to her being removed from the duties.

Last edited by Django

Julius is being a real butthead. These people take a page out of trump's book, just make up their own rules. His sister is married to one of my family, I should let her know next time they speak let him know what I said, he's a butthead.

Democracy for the PPP comes round every five years at election time

Nonetheless their lackeys get a chance to run round shouting democracy democracy - they have no idea what the term implies

They will think nothing of what occurred here

@cain posted:

Julius is being a real butthead. These people take a page out of trump's book, just make up their own rules. His sister is married to one of my family, I should let her know next time they speak let him know what I said, he's a butthead.

beavis and butthead?   

@Django posted:

Local gov’t chair defends unilateral appointment of city Town Clerk - ‘I am the Commission between meetings’

Julius Faerber

Julius Faerber

July 31, 2021  ---  Source

-law says three-member quorum needed for binding decision

Chairman of the Local Government Commission (LGC) Julius Faerber is maintaining that he had the authority to unilaterally appoint junior staff member Candace Nelson to act as Town Clerk of Georgetown, although the law stipulates that any action taken by fewer than three members of the constitutional body is not binding.

“I am the Commission between meetings. I am the Chairman. I have that authority to make that decision between meetings. It’s stated in the Act,” Faerber told Stabroek News yesterday, following accusations by two opposition-nominated members of the LGC that he unilaterally appointed Nelson without consulting the other members of the body.

Asked to identify the section of the legislation which empowers him to act in such a manner, Faerber indicated that he was not in a position to do so since he did not have the Act with him.

Laws of Guyana -- Local Government Act -- Chapter 28:02

Power of chairman of local authority between meetings thereof. [25 of 1973]



38. (1) The chairman of the local authority of a village or country
district may, between any two meetings of the authority, exercise all
the executive powers of the local authority.

  
(2) All acts done by the chairman under subsection (1) shall be
reported to the local authority at the meeting next ensuing, and any act of the chairman of which the local authority disapproves shall be null and void.

 
(3) The deputy chairman of a village council shall have and may
exercise the powers, duties and functions of the chairman

   
(a) during the period of a vacancy which is deemed, under
section 29(7), to have occurred in the office of chairman; or
    (b) during any period while the chairman is temporarily
absent from the village district.

Laws of Guyana -- Local Government Act -- Chapter 28:02 -- Source - https://mlgrd.gov.gy/wp-conten.../2014/05/cap2802.pdf

Laws of Guyana -- Local Government Act -- Chapter 28:02

Power of chairman of local authority between meetings thereof. [25 of 1973]



38. (1) The chairman of the local authority of a village or country
district may, between any two meetings of the authority, exercise all
the executive powers of the local authority.

 
(2) All acts done by the chairman under subsection (1) shall be
reported to the local authority at the meeting next ensuing, and any act of the chairman of which the local authority disapproves shall be null and void.

(3) The deputy chairman of a village council shall have and may
exercise the powers, duties and functions of the chairman

  
(a) during the period of a vacancy which is deemed, under
section 29(7), to have occurred in the office of chairman; or
    (b) during any period while the chairman is temporarily
absent from the village district.

Laws of Guyana -- Local Government Act -- Chapter 28:02 -- Source - https://mlgrd.gov.gy/wp-conten.../2014/05/cap2802.pdf

Irrelevant!

Laws of Guyana -- Local Government Act -- Chapter 28:02

Power of chairman of local authority between meetings thereof. [25 of 1973]



38. (1) The chairman of the local authority of a village or country
district may, between any two meetings of the authority, exercise all
the executive powers of the local authority.

 
(2) All acts done by the chairman under subsection (1) shall be
reported to the local authority at the meeting next ensuing, and any act of the chairman of which the local authority disapproves shall be null and void.

(3) The deputy chairman of a village council shall have and may
exercise the powers, duties and functions of the chairman

  
(a) during the period of a vacancy which is deemed, under
section 29(7), to have occurred in the office of chairman; or
    (b) during any period while the chairman is temporarily
absent from the village district.

Laws of Guyana -- Local Government Act -- Chapter 28:02 -- Source - https://mlgrd.gov.gy/wp-conten.../2014/05/cap2802.pdf

Ubraj Narine

Ubraj Narine

Georgetown Mayor Ubraj Narine yesterday said the City Council would not recognise the appointment of Candace Nelson as interim Town Clerk and has sought legal advice on the way forward.

At a news conference, Narine vowed that the Council will continue to battle the imposition like it has in the past, while urging that the government stop politicising governing bodies and local agencies across the country.

@Django posted:

City Council doesn’t recognise appointment of new interim Town Clerk

Source  ---  July 31, 2021

Ubraj Narine

Ubraj Narine

Georgetown Mayor Ubraj Narine yesterday said the City Council would not recognise the appointment of Candace Nelson as interim Town Clerk and has sought legal advice on the way forward.

At a news conference, Narine vowed that the Council will continue to battle the imposition like it has in the past, while urging that the government stop politicising governing bodies and local agencies across the country.

Perhaps, Ubraj Narine should take the time to read and understand the conditions outlined in the Local Government Act -- Chapter 28:02 which existed since 1973.

@Spugum posted:

Democracy for the PPP comes round every five years at election time

Nonetheless their lackeys get a chance to run round shouting democracy democracy - they have no idea what the term implies

They will think nothing of what occurred here

I am not so sure democracy follows the PPP but what I am sure of is rigging follows the PNC for over a decade and counting...hahahahaha [maniacal laughter]

@sachin_05 posted:

I am not so sure democracy follows the PPP but what I am sure of is rigging follows the PNC for over a decade and counting...hahahahaha [maniacal laughter]

you left out the ppp. rigging is embraced by the ppp and they lie about it. just setting the record straight

@Django posted:

@Demerara_Guy

You are mixing apples and oranges .

The Law presented is for "Chairman of Local Authority "

The Law is different for "Chairman of Local Government Commission"

GUYANA
ACT NO. 18 OF 2013 LOCAL GOVERNMENT COMMISSION ACT 2013

Source --- http://extwprlegs1.fao.org/docs/pdf/guy177809.pdf

Functions of Commission
LOCAL GOVERNMENT COMMISSION [No. 18

13. (I) The Commission shall have power to deal with all matters relating to
the regulation and staffing of local government organs including employment and
dismissal of staff and with dispute resolution within and between local government
organs, and in particular shall -
     (a) monitor and review the performance and implementation of policies of all local government organs, including policies of taxation and protection of the environment:
     (b) monitor, evaluate and make recommendations on policies, procedures and practices of all local government organs in order to promote effective local governance;
    ( c) investigate any matter under its purview and propose remedial action to the Minister, whenever or wherever necessary;
    (d) monitor and review all existing and proposed legislation, and or policies and measures relating to local government organs and make recommendations for any legislation or any
amendments to any legislation and or policy to the Minister;
    (e) examine and propose ways of enhancing the capacity of local government organs.

(2) The Commission shall deal with all matters relating to staffing of local government organs and in particular shall -
    (a) be responsible for employment, transfer, discipline and dismissal of staff: and
    (b) approve of remuneration, superannuation, training, leave and promotion of staff.

(3) The Commission shall hear appeals instituted by employees who have been dismissed by any local government organ.

(4) The Commission shall hear and determine a ll matters concerning disputes arising within a local government organ or between any two local government organs.

(5) In the discharge of its functions the Commission shall have regard to the provisions of the Municipal and District Councils Act, the Local Government Act, the Local Democratic Organs Act, the Amerindian Act, and any other provisions bearing on matters of local government.

==========================

Laws of Guyana -- Local Government Act -- Chapter 28:02

Power of chairman of local authority between meetings thereof. [25 of 1973]



38. (1) The chairman of the local authority of a village or country
district may, between any two meetings of the authority, exercise all the executive powers of the local authority.

(2) All acts done by the chairman under subsection (1) shall be
reported to the local authority at the meeting next ensuing, and any act of the chairman of which the local authority disapproves shall be null and void.

(3) The deputy chairman of a village council shall have and may
exercise the powers, duties and functions of the chairman

    (a) during the period of a vacancy which is deemed, under
section 29(7), to have occurred in the office of chairman; or
    (b) during any period while the chairman is temporarily
absent from the village district.

Laws of Guyana -- Local Government Act -- Chapter 28:02 -- Source - https://mlgrd.gov.gy/wp-conten.../2014/05/cap2802.pdf

Last edited by Demerara_Guy

@Demerara_Guy

What's your point of the post above ,the issue is the Local Government Commission Chairman ,Faeber appointing the Georgetown Town Clerk .

“I am the Commission between meetings. I am the Chairman. I have that authority to make that decision between meetings. It’s stated in the Act,” Faerber told Stabroek News yesterday, following accusations by two opposition-nominated members of the LGC that he unilaterally appointed Nelson without consulting the other members of the body.

Asked to identify the section of the legislation which empowers him to act in such a manner, Faerber indicated that he was not in a position to do so since he did not have the Act with him.

Stabroek News examined the Act and found that none of its 31 Sections make any such provisions as claimed by him. In fact, both Section 12 and Section 15 of the Act suggest that any action taken by fewer than three members of the Commission are not binding. Section 12 states that if the LGC membership falls below three, the Commission shall cease to function while Section 15 (3) specifies that a quorum is three members.

Last edited by Django

Perhaps, Ubraj Narine should take the time to read and understand the conditions outlined in the Local Government Act -- Chapter 28:02 which existed since 1973.

perhaps you should quit pretending that you understand what is going on here - you clearly dont!

@Spugum posted:

you left out the ppp. rigging is embraced by the ppp and they lie about it. just setting the record straight

Your attempt to set record straight is futile, until  y’all can provide proof of PPP rigging  to non PNC organizations that is accepted by OAS,Caricom, EU etc. the coalition will remain the election riggers into eternity. Allegations of Jumbies votes and anomalies doesn’t don’t count...

Last edited by sachin_05
@sachin_05 posted:

Your attempt to set record straight is futile, until  y’all can provide proof of PPP rigging  to non PNC organizations that is accepted by OAS,Caricom, EU etc. the coalition will remain the election riggers into eternity. Allegations of Jumbies votes and anomalies doesn’t don’t count...

You sure "doesn't don't" is proper English..or should it be "don't doesn't?" Leh me hear wuh y'all think?

@sachin_05 posted:

Your attempt to set record straight is futile, until  y’all can provide proof of PPP rigging  to non PNC organizations that is accepted by OAS,Caricom, EU etc. the coalition will remain the election riggers into eternity. Allegations of Jumbies votes and anomalies doesn’t don’t count...

the proof is in petition #99 that the ppp and sections of the media are desparate not to have the courts order an investigation into. in fact, they hang on to the technicality that granger wasn't served with a copy of the petition on time. that's your proof that the ppp didn't rig - hiding behind a trivial technicality. and the 47 boxes with no statutory documents, what about those, it didn't happen?

one day it will all catch up with them. god forbid the appeal court decide that it has jurisdiction to hear the pitition cases - like the ccj decided it had to hear cases on elections in guyana - you'll see the ppp run to the ccj again to try to stop the appeal court. desperate to cover up their lies

Interim Acting Town Clerk responds to Georgetown mayor

Aug 01, 2021 News, Source - https://www.kaieteurnewsonline...to-georgetown-mayor/

Kaieteur News – Following an article that was published yesterday by this paper titled ‘Local Government Commission demotes City’s Acting Town Clerk’, newly appointed interim Acting Town Clerk of Georgetown, Candace Nelson, responded with a press release after the Mayor of Georgetown questioned her position.

Nelson had told Kaieteur News initially that she would refrain from commenting on the matter until she has read the article and has now decided to give her take on the matter. This comes after Mayor Ubraj Narine had a press conference on Friday concerning the demotion of Acting Town Clerk, Sherry Jerrick by the Local Government Commission.

The press release addressed the press conference which was held in which the Mayor stated that he publicly questioned Nelson’s competence, and said that the Council does not recognise her, in her recently appointed position, as Interim Town Clerk, by the Local Government Commission, and referred to her as the “PPP installed Town Clerk”.

Nelson stated that that led her to view the press conference on the social media platform. As a result, she stated that when she received her letter of appointment, she visited Narine’s office to meet with him on July 27. She stated that on that date, his Confidential Secretary, Ms. Jenny Gordon informed her that he could not meet with her.

The release went on to state that on July 28, Nelson again tried to meet with the Mayor via a telephone call to his office and was told that he was not available. On the July 30, Nelson stated that she visited Narine’s office and was once again told by his Confidential Secretary that he was not available to meet with her and that he could not say what time he would be able to meet with her.

“Your Confidential Secretary and other members of staff can attest to my visits and the amount of times I waited to see you, in your office located at the upper level of the Mayoral Complex”, stated Nelson. She went on to state that on July 30, she wrote to the Mayor to address the very issue she was having and requested that there be a meeting between the two of them.

However, she stated that minutes after his office accepted that letter, it was returned to the office of the Town Clerk and the staff of the Mayor and City Council refused to accept it. With this, she noted that it is not accurate for the Mayor to say that she did not meet with him.

“I reached out to you but those efforts were immediately rebuffed by you,” Nelson further stated. She mentioned that her knowledge of the vast amount of work necessary to return the city to a healthy condition compelled her not to lull in complacency but to move forward with heads of departments to plan and work for the restoration of the city and stated that she is always available to meet with the Mayor and that it could not be otherwise, seeing that she is a servant of the Council.

The press release went on to state that on the question of Nelson’s competence, she would only note that from July 2019, it was the Council who approved a recommendation for her to act as Deputy Town Clerk which was further accepted by the Local Government Commission.

Nelson relayed that in 2020, it was also the Council who approved a recommendation from a Special Human Resource Management Committee Meeting held on November 11, 2020, for her to act as Town Clerk on November 13, 2020.

This was to allow Sherry Jerrick to proceed on her vacation leave. Nelson stated that it is now public knowledge that there were issues with the chain of authority and the lines of communication, including my reporting responsibilities to the Council as well as to the Local Government Commission. “I believed then, as I do now, that I acted with propriety, professionally and in the best interest of the Council,” stated Nelson.

She went on to note that notwithstanding those issues and the confusion that surrounded them, led to her return to her substantive post of Assistant Human Resource Manager. Nelson pointed out that if in 2019, the Council approved a recommendation for her to perform the duties of Town Clerk, then it must have been the case that the entire Council had confidence in her qualifications and competency to perform those duties; otherwise, why would they have approved her.

According to Nelson, the fundamental question that must be asked now is why the questions now about her appointment, to Interim Town Clerk, by the Local Government Commission in 2021. She stated that while she fully understands the politics being played at the Council and the cast of actors involved, she does not take lightly the remarks attributed by the Mayor in the media about her character; that they appear to be personal attacks against her aimed at exposing her to public odium and ridicule.

“More worryingly, comments by you, Mr. Mayor could undermine the authority and work of the Council. This in turn can cause further deterioration of an already unhealthy and untidy city,” the release stated. She stated that the elective Council and administration have to work together, as a cohesive team, to arrest the noticeable slide of the health and wellbeing of the nation’s capital.

Additionally, Nelson divulged that she finds it unusually unacceptable that the Mayor has used her accepting an appointment from the Local Government Commission to serve the city, as an occasion to malign her name and character, in the public, stating that it is “so wrong”.

Nelson stated that she respectfully says that the Mayor’s action could serve to discourage young professionals from accepting leadership roles in the city and the country as a whole. She continued, relaying that as a young Guyanese, she is always available to serve her country, in whatever capacity she is asked to by the authorities.

She pointed her attention to the records of the Council, which she noted would show that in 2018, she worked with a team of officials, at the City Council, to clean up Georgetown. As a result of those efforts, the capital had started to ooze with health and goodness and there was great excitement by citizens and stakeholders, to work towards a clean, healthy and safe city. She added that she was not in leadership then but willingly served as part of a strategic team and played her part.

She stated that now that she has been asked to lead the administration of the Council, albeit for an interim period, she will endeavour to do her best and to strive for excellence in all things and mentioned that she is ready and willing to work with the Mayor, Councillors and all stakeholders to restore Georgetown to its former healthy state.

“Nevertheless, the nature and huge potentials of your public statements to expose me to harm, make it necessary for me to copy this letter to: Hon. Minister of Local Government and Regional Development, the Chairman of the Local Government Commission, the Chairman of Human Resource Management Committee, my Attorney-at-Law and the media,” Nelson stated in the conclusion of her release.

@Spugum posted:

the proof is in petition #99 that the ppp and sections of the media are desparate not to have the courts order an investigation into. in fact, they hang on to the technicality that granger wasn't served with a copy of the petition on time. that's your proof that the ppp didn't rig - hiding behind a trivial technicality. and the 47 boxes with no statutory documents, what about those, it didn't happen?

one day it will all catch up with them. god forbid the appeal court decide that it has jurisdiction to hear the pitition cases - like the ccj decided it had to hear cases on elections in guyana - you'll see the ppp run to the ccj again to try to stop the appeal court. desperate to cover up their lies

FYI The courts decision are based on facts not allegations, jumbies and anomalies , you got be an idiot to believe PPP and media can hinder a  court investigation order.

Those 47 polling station is not in the interior so they had observers from not only local contesting parties but also from Caricom, OAS, EU and around the world who witnessed the signing of SOPs that the PPP placed online on March 2, 2020 which consequently matches the recount.

So how the PNC hand picked gecom employees handled the documents after the signing  is their business, they can wiped dem kakahole with it but that cannot change the numbers on the carbon copies of SOPs witness, signed, handed out and displayed on the polling stations for the public, reporters etc.

Why the PNC would not to this day show their copy of SOPs?  The stench of pnc shit on it is too strong for the public....hahahahaha [maniacal laughter]

the high court decision re petition #99 was based on a technicality, clown. A person can commit murder and get off on a technicality, doesn't mean he didn't do the murder. further, courts get decisions wrong so what's your point?

the ppp will never be allowed to govern legitimately in the eyes of half the population because they cheated at the 2020 elections. deal with that reality!

there is enough evidence the usa decided they preferred to work with the ppp and so worked against the coalition, the rest of the international community simply followed. that's not new, there was the claim of weapons of mass destruction in Iraq which resulted in war - most knew there were no such weapons and it turned out to be a proven pack of lies by the usa, britain and others

@Mitwah posted:

@Demerara_Guy, where in the Act. Faeber is given the power to appoint the Georgetown Town Clerk? Please be specific.

Conduct your personal review of the Acts to address the matter.

@Mitwah posted:

You are full of shit. You know not what you do not know.

Perhaps, being happily immersed in that matter, you believe that others get in the same situation.