St. Maarten’s office of the Governor shares the concerns and calls for a speedy resolving of the issues related to the tendered resignation of member of the St. Maarten Executive Council, Mrs. Maria Buncamper-Molanus.
The governor, who is presently away from office, on vacation, confirms that official correspondence by the Minister for Constitutional and Home Affairs, Roland Duncan, reached the office of the governor last Friday, with an immediate response forwarded to the minister, by acting governor Millicent Acuna-Lopez de Weever, as a result thereof.
In its correspondence, the acting governor of the island territory mentions that article 52, section 1 of the island regulation Netherlands Antilles, ERNA, provides for the convening of a subsequent meeting of the island council to address the matter. The commissioner is allowed to remain in office, pending the appointment of a successor.
While sharing the sentiment that this should be realized as soon as possible, the office of the governor reminds the minister that there is no binding legal requirement stipulating that a successor be named within a certain period. The period of two months, which has now elapsed, is in any case, in the opinion of the office of the governor, long enough, something that may be attributed to the vacation period.
There is however no indication of a violation of legal norms and while discussions on the matter have been conducted, these have not yet led to the appointment of a successor for commissioner Buncamper-Molanus.
It should be noted, for clarity sake, that the appointment of a commissioner has always been a matter to be decided upon within the political sphere and this remains the same, in the matter involving naming a successor to any commissioner who has resigned. As a consequence, the office of the governor of the island territory does not play a role in naming a successor to the commissioner. It is the island council, which is the competent body, authorized to elect and appoint a commissioner.
The opposition faction in the island council had earlier tabled a motion of no-confidence against the commissioner in question. In general, a motion of no-confidence against a commissioner can be a first step for a proposal to dismiss the commissioner in question. Article 50a of the ERNA stipulates that the island council is authorized to dismiss a commissioner, once that commissioner no longer enjoys the confidence of the island council.
There should be a minimal of 14 days between the moment of withdrawing support for that commissioner and the decision-making on a proposal to dismiss that commissioner.
The period in question is a legal stipulation laid down by the ERNA.
The proposal for dismissal must be motivated and in possession of the island council, at least 8 days prior to the public meeting convened to discuss the matter.
Such meetings must also comply with the usual quorum requirements and the number of council members casting votes must represent more than half of the number of island council members to avoid a null and void result. A proposal is approved once a majority of votes cast is in favor of such. To date, no proposal has reached the floor of the island council.