A letter submitted on October 30th by Member of the Island Council, Democratic Party faction Sarah Wescot-Williams(just before the island council meeting) with request for interpellation of EXCO
The Chairman of the Island Council of the Island Territory
Sint Maarten, the Honorable F. E. Richards.
October 29, 2009
Honorable chairman,
On behalf of the Democratic Party faction in the Island Council, I hereby formally protest the manner in which the Executive Council acted in the meeting of the Island Council of October 27th and in particular the handling of agenda point # 5: "Beroepschrift Health Care Laboratory Sint Maarten NV" (HCLS).
Stronger yet, we believe the presentation by the Executive Council was a deliberate attempt to mislead the Island Council in its deliberations on aforementioned agenda point and the proposal by the Executive Council to deny the appeal filed by HCLS.
The Executive Council emphatically and repeatedly made reference to a positive advice in the case of HCLS NV, yet even upon repeated requests by the faction of the Democratic Party and the initial consent to provide such to the Island Council, refused to do so, citing in first instance that members of the Island Council in their previous capacity as Executive Council members should be in possession of this illusive advice and then reverting to confidentiality of Executive Council advices.
Need I remind you, Mr. Chairman, that 12 attachments were presented along with the proposal dated October 14th from the NA/Heyliger Executive Council to deny the appeal of HCLS NV? Amongst which an "advice" from the department of VOSEC to the Health department and cc’d to the Health Commissioner dated February 2, 2008.
If this is not considered an "internal" document, then how can an advice to the Executive Council be off-limits to the island council?
Our suspicion is that no other advice than those mentioned by the Executive Council in its letter of October 14, 2009 (attachments A thru L) exists and that there was an deliberate attempt by the Executive Council to mislead the Island Council of Sint Maarten in reference to the appeal by HCLS NV.
In accordance with the Rules of order of the Island Council of Sint Maarten (AB 1994 no 8 ), article 41, I hereby request permission to put forward the following questions in the next meeting of the Island Council:
1. Was the Executive Council truthful in providing the Island Council with all relevant information regarding the proposal to deny the appeal of HCLS NV?
2. If the Executive Council was truthful, how is it that Commissioner William Marlin in the meeting of the Island Council of October 27th alluded to an advice regarding the appeal by HCLS NV, which was not made available to the Island Council, the body to decide on this appeal ?
3. To which advice was Commissioner William Marlin referring when he mentioned in the Island Council meeting of October 27th that: " … the ‘bezwarencommissie’ submitted their advice to EXCO and in their advice advised the Executive Council to grant the license"?
4. What exactly did this advice say?
5. If this advice, as alleged by Commissioner W. Marlin recommended a positive decision in the case of HCLS, why did the Executive Council not make mention of such in its proposal to the Island Council to deny the appeal of HCLS NV?
6. Does the Executive Council consider a memo from one department to another an "internal " document? If so, why was the inter-departmental memo of February 2, 2008 in the case of HCLS NV provided to the Island Council?
7. Whose authority is it to decide on an appeal in accordance with the Business License Ordinance (PB 1946, no 43)?
8. Does the Executive Council agree that any advice regarding an appeal in accordance with the Business License Ordinance falls within the purview of the Island Council?
Respectfully submitted,
Sarah Wescot-Williams
Member of the Island Council, Democratic Party faction