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A report from Lorraine Mendez
Lawyers for Mayor of Montego Bay Richard Vernon and the St. James Municipal Corporation have pushed back against a request for an explanation of the corporation's actions in removing political signs erected by PNP candidates.
The Electoral Commission of Jamaica, which performs the duties of political ombudsman, had written to Mayor Vernon on April 25, requesting that he provide a written explanation outlining the legal authority and basis for the decision to remove campaign posters.
In a strongly worded letter, dated May 14, the lawyers cited that on review of the legislation, they could not find the basis upon which their clients were being asked to provide the relevant explanations.
The response referenced the Town and Country Planning Control of Advertisements Regulations of 1978, noting that it predates the Representation of the People Amendment Act 2016 by over three decades, and clearly outlines the municipal corporation's responsibilities.
They also underscored that the corporation is not a political party or an individual, and that the mayor, who serves as chairman, performs his functions in that capacity.
Meanwhile, in what appears to be growing tension between the municipal corporation and the ECJ, the lawyers claimed that Mayor Vernon first learned of the contents of the commission's April 25 letter through the media, prior to receiving the official correspondence.
The lawyers requested clarification on whether the matter had been disclosed to the media by the ECJ, and if so, on what basis.
Going further, the lawyers said if the matter had not been disclosed to the media by the ECJ, the commission should indicate what measures would be put in place to ensure that any disclosures made by their clients in the matter would be kept confidential, as required by the Political Ombudsman Interim Amendment Act.
The issue stems from a complaint to the Political Ombudsman's office from the People's National Party after the advertising boards of three of its prospective candidates were removed during a clampdown by the St. James Municipal Corporation.
Mayor Vernon had, among other things, argued that the municipal authority had not given any approval for such displays.
The ECJ's letter to the Montego Bay Mayor said while the Ombudsman awaits his response, without taking any position as yet, the current period constitutes an active campaign period in the lead-up to the general election this year.
The matter is also before the courts after the PNP political representatives filed a suit against the mayor.
The Office of the Political Ombudsman was subsumed into the ECJ in February 2024, but calls for the re-establishment of an independent office have grown louder in recent times, particularly with a general election only months away.
The ECJ responded to the calls by indicating that it has sought to streamline and improve the operations of the Office of Political Ombudsman through the establishment of a dedicated unit within its office, headed by its Registrar of Political Parties.