Fight over mayorship

Former Director of Elections Orrette Fisher believes that there should be no change in the mayorship of the Clarendon Municipal Corporation based on the Local Governance Act.

Fisher, who served in the post from 2008 to 2018, said that while he was not a legal mind or under legal advice, if he were in the position, the aforementioned act would guide him.

“It is my view that the local government elections, having been held and passed - in other words, it is now history so to speak and all the mayors would have been determined - that the legislation that speaks to the removal of a sitting mayor is what would take effect,” said Fisher.

The Electoral Office of Jamaica (EOJ) declined to comment on the issue when contacted by The Gleaner yesterday.

Section 19 (1) of the Local Governance Act 2016 states: “The term of tenure of mayor and office of the chairperson of the council of a municipal corporation or city municipality shall, unless sooner determined in accordance with Section 16, expire on the conclusion of the next general election of councillors, but that chairperson shall continue in office until the successor in the office has accepted office and made and subscribed the required declaration.”

Section 16 (1) speaks to the condition in which a sitting mayor can be removed from office. That condition is through a vote of no confidence.

It states that “a person elected chairperson of a local authority may be removed from office as chairperson after the expiry of twelve months from the date of that election on a motion supported by a majority of all the members of the council of the local authority in such manner and form as may be prescribed”.

Fisher said last Friday’s by-election in the Aenon Town division of the Clarendon Municipal Corporation, which created a tie following the victory of People’s National Party (PNP) candidate Delroy Dawson, should have no bearing on the mayorship.

Dawson’s victory means that the PNP controls 11 divisions and the governing Jamaica Labour Party (JLP) 11.

Dawson narrowly defeated the JLP’s Suzette Barton by 56 votes, according to EOJ data.

Dawson polled 1,646 votes to Barton’s 1,592 in a voter turnout of 46.8 per cent.

Before that, the JLP had the majority with 12 divisions to the PNP’s 10. The death of JLP councillor Marjorie McLeod in September created the vacancy and triggered the by-election.

Additionally, the PNP marginally pulled ahead in the popular vote across the division, fuelling debate over control of the local authority.

Since Friday, the JLP and the PNP have locked horns over who should control the municipal corporation.

Mayor of May Pen, the JLP’s Joel Williams, is adamant that despite the tie, the leadership of the municipal corporation will not change.

“According to the law, nothing will change. If it was a general parish council election then that could happen, but in this circumstance, once the mayor is appointed, the mayor will continue his period of mayorship,” Williams told The Gleaner.

He emphasised that any shift in control would require extraordinary circumstances such as a no-confidence vote or a councillor crossing the floor to join the PNP.

However, PNP General Secretary Dr Dayton Campbell has argued that the party securing the popular vote from the by-election means that the PNP takes control of the corporation.

“Well, I believe in a democratic system. That’s my view. That is what the legislation states,” said Campbell.

“In good spirit of a democratic system, if it is 11/11 and one side has the popular votes, then you must resign so we can appoint a new chairman of the municipal corporation,” he asserted.

On Tuesday, PNP President Mark Golding continued that argument, noting that it is the “right and proper” course of action for Williams.

“The right and proper principled thing is for the existing mayor to step down and to allow democracy to prevail and to have the PNP councillors choose a mayor. That is the position that we believe is correct,” he said.

However, Golding did not divulge whether the Opposition would be pursuing legal action.

It appears that the opposition party is relying on the Eighth Schedule of the Representation of the People Act (ROPA).

Paragraph 61 subparagraphs 5(a) and (b) of the Eighth Schedule of the ROPA states that in the event of a tie in the votes in the course of electing a chairperson of a municipal corporation, the principal returning officer will have a casting vote.

It states that the returning officer will exercise that casting vote in favour of the councillor who has the support of the majority of the councillors who are members of the political party that received the majority of the votes cast in the area within the jurisdiction of the municipal corporation in the preceding election held under this schedule.

The returning officer will also preside over the election of the deputy mayor, and in the event of a tie in the votes, exercise a casting vote in favour of the councillor who has the support of the majority of the councillors who are not members of the political party of which the chairperson is a member.

kimone.francis@gleanerjm.com