Gov't legal advisors support continued chairmanship of May Pen Mayor Joel Williams

By Kimone Witter    

 

Local Government Minister Desmond McKenzie says the impasse over the leadership of the Clarendon Municipal Corporation should now come to an end following the issuance of an opinion from the government's legal advisors based on the Local Governance Act, 2016.

 

Mr. McKenzie says the joint advice from Attorney General Dr. Derrick McKoy, KC and Solicitor General Marlene Aldred, KC, supports the continued chairmanship of Mayor of May Pen Joel Williams.

 

The People's National Party has been insisting that Mr. Williams should not remain as chairman following last year's by-election in the Aenon Town Division when the Jamaica Labour Party lost its one seat majority.

 

The municipal corporation is now evenly split between the two political parties.

 

Addressing Wednesday morning's post Cabinet media briefing, Mr. McKenzie said since the controversy has derailed the last three meetings of the municipal corporation, he sought the input of the legal advisors.

 

He says the attorneys have indicated that Clause 32 of the Local Governance Act clearly explains the procedure when a tie occurs after a by-election. 

 

Quoting from their legal opinion, Mr. McKenzie said: "Where there is a tie in the political representation following a by-election, the person who occupies the chair, a chairperson before the by-election, remains as the chairperson after the by-election. Additionally, Clause 19 of the Act states that the tenure of the chairperson of a municipal corporation lasts from one local government election to the next. 

 

"The only way in which that chairperson can be removed between island-wide local government election is if [there is] a no-confidence motion, supported by the majority of all councillors in the municipality, no sooner than 12 months after the date of the last local government election." 

 

Mr. McKenzie said this means that Mr. Williams will continue unchallenged as chairman up to February 26, this year.

 

The Local Government Minister said after the completion of the one year tenure of Joel Williams as chair of the Clarendon Municipal Corporation, a vote of no confidence can be moved against him.

 

But Mr. McKenzie does not expect there will be a different outcome. 

 

"If after the one year there is a vote of no confidence against the mayor, it means that all the councillors will have the right to vote. And interestingly, the mayor who sits as the chairman, has the right to a vote and he also has the right to the casting vote. So that in itself answers the question. So if there comes a time when there is a vote of no confidence, nobody would expect that the person who the vote of no confidence is raised against will vote against himself," he reasoned.  

 

The minister pointed out that the Local Governance Act, 2016 was passed by the last PNP administration. 

 

He urged councillors in the Clarendon Municipal Corporation to end their impasse immediately and get on with the administration of the entity's business.