MAY PEN, Clarendon — Mayor of May Pen Councillor Joel Williams has dared the Opposition People’s National Party (PNP) to take legal action if it is convinced he is to be replaced now that the two political parties have an equal number of divisions in the Clarendon Municipal Corporation (CMC).

“I knew the PNP had some issues as it relates to the 11/11 [tie] and as it relates to whether or not they have the popular vote or not. In this scenario popular vote doesn’t count. I [was] sworn in in March as the mayor and the Act speaks to that. Once you have been sworn in as the mayor, you remain the mayor. As a matter of fact no motion can go against the mayor within 12 months,” Williams insisted.

“They were grandstanding; they came here with their plan to make sure the meeting does not proceed amicably. As the chairman I have the power and the responsibility to make sure that the council does not end up into disrepute so I adjourned the meeting. They must know what is their next step. We’re on the side of the law, they must decide if they want to take the matter to court. If there is any ambiguity and if they have any concern they are the ones to take the matter to court and get clarification,” he added.

His comments came Thursday after the monthly meeting descended into chaos shortly after Delroy Dawson (PNP, Aenon Town Division) was sworn in. Dawson came into office via a by-election on November 22. The PNP have interpreted that to mean they should now have control of the CMC. Since the by-election the ruling Jamaica Labour Party (JLP) and the Opposition PNP have vocally expressed contrasting views on how to interpret the legislation that speaks to the issue.

During the meeting, Councillor Romaine Morris (former member of the JLP turned PNP, Mocho Division) sought clarification on the way forward with the council now evenly split.

The CMC’s Chief Executive Officer Rowhan Blake explained that Section 61(1) of the Local Governance Act 2016 speaks to the first meeting after a general election which says that the chief returning officer swears in the mayor and after that the mayor takes control of all meetings until the next general election.

Morris had a rejoinder.

“In that section there’s also a section that speaks to a tie and that it should be treated in a particular way. Will that be done today?” he asked.

In his capacity as meeting chairman, Williams sought to provide clarity.

“Member, as it relates to the Local Governance Act, it speaks to the fact that once the mayor is sworn in after the general election — which would have been the first meeting after the local government election which is recognised as the general election … the mayor continues his or her work until the next general election is called,” he said.

Morris fired back.

“Under the ROPA (Representation of the People’s Act) there’s no clear guideline how to treat a de facto and there’s no clear guideline how to treat a by-election. What is the process for this councillor-elect to take the oath of office?” he enquired.

He said, in his view, the Act is unclear.

“I want to know what will be the outcome, if we are going to cherry pick parts of the Act to deal with this?” Morris asked the mayor.

The chairman told him to seek legal recourse.

“If you’re saying there’s an ambiguity to that section of the Act it simply means you’re saying it is not clear. So you have a responsibility; if you want to take the matter to the court to get clarity on that section of the Act then that is up to you,” said Williams.

Section 61(5) of the local Governance Act 2016 states in part 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 shall (a) have a casting vote and shall exercise that casting vote in support of the councillor who has the majority support of the majority of the councillors cast within the area of the jurisdiction and (b) thereafter 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.”