LAW ON PNM SIDE

And, a presiding officer has an original casting vote the Attorney General told the media in San Fernando.

Al-Rawi said the Opposition United National Congress (UNC) was engaged in grandcharge and what he described as “shouting”, over their objection to the “elected” Terry Rondon as chairman of the San Grande Regional Corporation (SGRC) where there is a four-four tie following the November 28 local government election.

At last Thursday’s swearing-in ceremony for councillors, the UNC councillors walked out led by Opposition Senator Gerald Ramdeen with the party hitting back that Rondon’s decision to cast a second vote to break a deadlock over a presiding officer breached the law.

Al-Rawi commented, “I am not confident that the UNC will go to court on this issue because the law is pellucidly clear... I really do not think they have the guts to go to court on this. And if they do, then c’est la vie, (due process). That is what the courts are there for. We will meet them on the floor of the courts and we will beat them again.” Al-Rawi spoke yesterday at a press conference at the San Fernando City Corporation at Harris Promenade held to announce a toy distribution drive.

Al Rawi said that according to the Municipal Corporation Act and the Standing Orders of the SGRC, as amended post-2013, that a presiding officer has an original and casting vote. He explained, “The law is the outgoing mayor sits as mayor until a new mayor is elected. The outgoing mayor lawfully attends to the first meeting and the first order of business is the appointment of a presiding officer.

There is nothing in law that says the presiding officer must be the CEO.” At Thursday’s ceremony following the walkout by the four UNC members of council, Rondon was re-elected as chairman.

Al-Rawi said as an elected councillor, Rondon has an original vote and as the chairman at that point, had a casting vote.

“So it went from 6-6 to 7-6. Once the presiding officer was appointed, you then put the question of a chairman, meaning the mayor, to vote. You would have gotten 6-6 but the presiding officer under the law, has an original and casting vote. This is the ABCs of the law,” Al-Rawi said.

Apart from the hard-and-fast rule in the legal process, Al-Rawi said it was well known that the PNM won the popular vote in Sangre Grande.

“But they were so busy rushing to try to make sure they attended to the ILP (Independent Labour Party), that they did not pass proper law. And, we did not support that law as amended. We spotted certain positions, saw it in gear. But this is what the UNC purchased for itself,” Al-Rawi said referring to amendments made under the last People’s Partnership administration.

He charged that the UNC cannot have it both “hot and cold” as well as “approbate and reprobate” at the same time.

UNC chairman David Lee on Friday disclosed Opposition Leader Kamla Persad-Bissessar, who was attending a Commonwealth event in London, had been briefed on the developments. He said she may seek legal advice while in England.

However, Tabaquite MP Dr Suruj Rambachan, a former local government minister, again accused the PNM of disrespecting the law.

In a statement yesterday, Rambachan again argued the case for the CEO of a corporation to oversee elections on a council, citing the instance of the Siparia Regional Corporation.

“In Siparia, the presiding officer, councillor Shankar Teelucksingh has indicated to me that he was told by the corporate secretary that he did not have either a vote as a councillor or a casting vote as the presiding officer. The minutes of the Siparia Regional Elections will, if accurately recorded, will reflect these matters,” Rambachan stated.

In the case of Sangre Grande, Rambachan called on that corporation’s CEO to clarify the issue.

CEO are public servants and are not elected officials of regional corporations.

“In the circumstances which prevailed what was the role of the CEO of the corporation and why was complete control apparently given to Mr Rondon despite what has always been accepted traditions and protocols in such elections,” writes Rambachan. “Was the CEO directed to behave in a certain way in this matter? The CEO needs to clarify this since the independence of public servants and their oath to act without fear or favour could come under question.” Rambachan said the PNM missed an opportunity to unite Sangre Grande “in a display of magnanimity and consensus”, and referred to a letter Persad-Bissessar wrote to Prime Minister Dr Keith Rowley asking for a meeting to consider co-sharing the management of the council.