The Follwing is the statement, made by the chairman of the St. Maarten island council, Governor F.E. Richards, at a press briefing held on Wednesday, August 27 2008
Ladies and gentlemen of the media, good afternoon.
I have invited you here this afternoon to elucidate on the position of the chairman of the island council with regards to the appointment of a new commissioner.
As you already know, Commissioner Maria Buncamper-Molanus tendered her resignation on June 18 last, during a public island council meeting, confirming her resignation, effective that same day, in writing. It was during that meeting of June 18 that the island council accepted a motion of no-confidence against the commissioner. The motion had been presented after the commissioner had announced her resignation.
The island regulation Netherlands Antilles (ERNA) stipulates that a commissioner who has tendered his or her resignation, remains in office until a successor has been named and appointed before assuming the responsibilities of the outgoing commissioner. The new appointment should take place, as far as is possible, during the next convened public island council meeting, following the resignation.
Since the island council ended its confidence in the commissioner, the island regulations Netherlands Antilles stipulates that it is also possible that the island council relieves the commissioner of her function. The fact that the commissioner herself resigned does not take away that the provision can be acted upon by the island council.
In the event that the island council would decide to pursue that course, the dismissal would be with immediate effect. In such a case, there would no longer be any discussion of a substituting of the office. It would be practical that those filing the motion of no-confidence also take the initiative to present a proposal for eventual dismissal of the commissioner.
At present, a successor has not been appointed to the commissionerâ??s office. The island council has, up to this date, not initiated dismissal proceedings against the commissioner. What this means, in essence, is that the commissioner, which tendered her resignation, has been substituting the function for more than two months.
The governor of the island territory of St. Maarten wishes to reiterate that it is the island council, which is the competent body for matters involving the appointment and dismissal of commissioners.
The governor of the island territory has no competency in such matters. Appointment and dismissal of commissioners remains, in first instance, a political matter assigned to factions represented in the island council.
The possibility for appointment of a new commissioner is a topic for political consultation and this takes place, generally, behind closed doors.
In a letter of August 6, 2008 written by the Minister for Home and Constitutional Affairs, Roland Duncan and addressed to governor Richards, the minister suggested that law calls for a new appointment within a short time following the resignation.
It was further suggested that the present situation, whereby the commissioner has remained in office for two months, carrying out duties is not in keeping with rules of good governance.
As was evident from a previous news release, issued by my office, the ministerâ??s letter was only received on August 15.
In a response of that same day, the acting governor of the island territory indicated that the law does not provide for a specific period during which a new commissioner would have to be appointed. The law does provide that the island council goes over, to appointing a new commissioner, as far as is possible, in the next convened public island council meeting, following the resignation.
Notwithstanding attempts, which have been made, these have not led to a new appointment. The acting governor had indicated that it would be desirable that a successor be appointed as soon as possible. The period of now more than two months has been sufficient time enough, considering that a motion of no-confidence was accepted and the necessary follow-up is part of that process.
It should be mentioned, for clarity sake, that the office of the governor of the island territory has no legal instruments to force the new appointment.
The governor of the island territory has, among various functions, that of gatekeeper for good governance. As such, he has the authority to forward decisions taken, to His Excellency, the governor of the Netherlands Antilles, for suspension and nullification. However, in this case, there is no such decision to forward. The procedure entailing suspension and nullification is thus, not applicable in this case.
It is unbecoming that the governor, as independent chairman of the Island Council would exercise influence over factual decision-making of the island council.
It is with that principle in mind, that the governor of the island territory cannot become part of the considerations regarding whether the island council should or should not go ahead with dismissal proceedings against the commissioner.
In the spirit of the law, I as governor however opt to draw attention to the need for a speedy adherence to stipulations of the ERNA, with regards to appointing a new commissioner.
It can be mentioned here that it is expected that after discussions held in the Executive Council meeting of yesterday, August 26, an Island Council meeting will be convened on September 8 to deal with the appointment of a new commissioner.
In the event that a new commissioner is appointed, the present motion of no-confidence will no longer be applicable.
Considering that a new appointment has taken place and members of the island council find, once more, reasons for a motion of no-confidence, the procedures with regards to presenting a motion of no-confidence, as stipulated by the ERNA, will again have to be taken into account.
Election for a new commissioner occurs with members of the island council themselves being able to fill in a name for the post. They are not obliged to any name proposed for the post. All members of the council may participate in the election and abstention due to personal involvement is not applicable.
I hope thus to have contributed to a better understanding of the role of my office with regards to the appointment of a commissioner.
I thank you
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