ATTORNEY GENERAL AND SOLICITOR GENERAL CLARIFY TIE AFTER BY-ELECTION
KINGSTON, February 6 (JIS):
A letter signed jointly by the Attorney General and the Solicitor General has advised that Clause 32 of the Local Governance Act clearly lays out what happens when a tie occurs after a by-election.
Minister of Local Government and Community Development, Hon. Desmond McKenzie, has informed that their response states that: “Where there is a tie in the political representation following a by-election, the person who occupies the chair as 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, and the only way in which that chairperson can be removed between islandwide 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.
“With respect to the Clarendon Municipal Corporation, what this means in practice, therefore, is that the Chairman of the Municipal Corporation, His Worship the Mayor Councillor Joel Williams, continues as the Mayor; the Deputy Mayor of the Clarendon Municipal Corporation, Councillor Clive Mundle, remains as the deputy mayor,” he said.
Mr. McKenzie provided the legal advice from the Attorney General and Solicitor General regarding the stalemate that presently exists at the Clarendon Municipal Corporation following the by-election in the Aenon Town division last year, at today’s (February 5) post-Cabinet press briefing at Jamaica House.
The by-election in the Aenon Town division on November 22, 2024, resulted in an overall tie in the number of councillors in the Clarendon Municipal Corporation. Both political parties have 11 councillors in the Corporation.
He noted that since the by-election there has been a contentious atmosphere existing in the Clarendon Municipal Corporation.
He pointed out that this controversy has derailed the last three meetings of the Municipal Corporation, and so he wrote to the Attorney General and the Solicitor General for their input on the matter.
“With the legal position being clearly expressed, I’m expecting that the outburst and the disruption of the Clarendon Municipal Corporation will come to an end and that the needs of the people in their respective divisions will occupy the attention of the councillors,” the Minister said.
“I must, however, say that I am disappointed about the manner in which this dispute in Clarendon has unfolded. The Local Governance Act is very clear and those who have been undermining the normal functions of the Corporation, in pursuit of leadership change only have to read it or seek legal advice to see that their attempt has no basis in law,” he added.
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CONTACT: CHRIS PATTERSON
