City Expresses Concerns With Municipalities Act
The City of Hamilton Council today [Oct 2] delivered letters to each MP with their concerns about aspects of the Municipalities Act 2013, as tabled in the House of Assembly on Friday [Sept 27]
Mayor of Hamilton Graeme Outerbridge said, “Two pieces of communication were hand delivered and emailed to the Members of Parliament today by the City of Hamilton.
“The first document outlined the Council’s position and concerns on a number of issues in the Municipalities Act, 2013 as presented on September 27, 2013. The second document was prepared by the city’s legal advisors outlining 14 points we would like MPs to consider.
“The same documents were sent to His Excellency The Governor, Mr. George Fergusson and to all senators. We sincerely hope that as debate takes place on this piece of legislation, the City of Hamilton’s concerns are addressed and appropriate amendments are made to the legislation,” concluded Mayor Outerbridge.
The letter said, “…it is difficult to envisage the motivation to create legislation that would effectively shut down the municipality as an independent local government entity. In fact the effect is to reduce the municipality to less authority to operate than WEDCO which is an appointed board controlled entity or the BHB which is a quango.”
“On the one hand, the Municipalities Amendment Bill 2013 restores the authority of the Municipalities to charge wharfage and revives a number of Ordinances revoked by the Municipalities Reform Act 2010 relating to such charges.
“In addition, the Bill has adopted some of the recommended changes put forward by the Municipalities in 2009. However, on the other hand, the Bill then goes on to remove the authority of the Municipality in relation to the disposition of land and Corporation powers.”
“It appears that the Amendment is toned as if the land in question is somehow public land when in truth the land belongs to a legal entity called the Corporation of Hamilton,” the letter said.
Speaking about the Good Governance aspects, the letter said: “The concern is raised with (6) of this clause whereby the Minister can assume stewardship of a Corporation’s infrastructure, function or service if he believes it is in the public interest. The clause states as a result of force majeure, maladministration, disrepair or lack of funding this can be the result.
“However,this appears to be at the discretion or opinion of the Minister who, supported by Cabinet, can remove the stewardship of the Corporation. There are no standards at which this will be tested nor any restrictions on how much or how long the assumed control would remain.
“This would appear to be based on the theory that either the Corporation is not a legal entity that owns property or if deemed in the national interest the Minister can assume the ownership of the Corporations property which is concerning from a constitutional and corporate perspective.”
The letter that was delivered to MPs is below [PDF here]:
Update 11.02pm: As of this time, MPs continue to debate this Bill in the House of Assembly with varying views being heard, from speeches in favour to those strongly disagreeing.
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I’d like to see the one written by the lawyers.
Mr. Outerbridge, you claim to have a Code of Conduct and Financial policies and an asset management strtegy. How does stating that you could not afford the Santa Claus parade this past Christmas and then sending your deputy to Columbia for a 10 day black leaders only jaunt at the cost of $100,000 square up with your code of conduct\? Aren’t YOU the mayor?
What exactly is your asset management strategy? Give the assets to someone for 262 years and then only accept the payments you receive NOW???? How is that a strategy and how do you justify this from a financial policy perspective?
I suspect letters are put in front of you to sign.
Outerbridge needs to resign !!!! and take his deputy mayor with him !!!!!!!!! of all the mayors and deputy mayors we have had in Bermuda these two are the most embarrasing !!and to think that going on a certain talk show to get their point across was a JOKE !!!!! I would have loved if they were to be interviwed on the best talk show host in Bermuda Shirley Dill……she knows how to ask the REAL questions…
Well said and true!
Will the amendments, allow those that pay taxes, the right to vote?
Sweeping changes that open Pandora’s box! Contains a lot of conflicting and anti-democratic provisions. Overriding elected officials? Retroactive contract cancellation privileges? This essentially abolishes the City, or certainly its independent authority. So will the entire island get to vote in City Elections?
City now meets politics (government) = less effective City operations/management!
Need to step back and rethink!
Is the Corporation, especially the Mayor, now cooperating with the Ombudsman in her enquiry? If not why not and why should anyone take any notice of this latest charade?
Those who support the proposed changes to the Municipalities Act are very short sighted and believe that we so quickly forget. They wish to put all the power in the hands of the present Government based on their disdain for the existing Corporation. What seems to be missed is that the current Government will enjoy these powers for but a moment. It is the future PLP Government that will inherit the powers that these same people previously fought against when less draconian amendments were proposed by the former PLP Government. Those voices who shouted loudly that the former PLP Government were being undemocratic are showing their misguided, unprincipled bias by their present silence.
You literally just rambled without explanation. We’re in debt that even my grandchildren will feel and I’m just 26. Debt that the former premier claimed was a good thing. A “pastor” took hundreds of thousands to consult himself and is now SILENT after that premier said she would ask for the money to be returned. No I don’t think the oba is anywhere near perfect but what has changed in the plp? Marc bean is now the leader? How can you expect anyone to vote plp when they still have snake in the grass DeSilva as an MP? Clearly you believe we can have a better Bermuda without integrity being a qualification of our MP’s. Again the oba is nowhere close to perfect but you are delusional.
Games up Graeme, my boy. The future direction of the country’s commercial hub is something in which all Bermudians are entitled a say, through their duly elected national Government – not the 120 voters who showed up and elected you.
Don’t Graeme’s new suits look sporty though?
Who paid for those suits Graeme?
What is going on with the ombudsman ? she has remained very quiet as of late…. and so far we have not heard a word from Heather Jacobs…… man I miss Larry Dennis.
Just imagine if the former PLP government has assume this type of dictatorial power over the municipalities; the outrage would have would have been great; complete with pages of editorial ink denouncing the move. In fact there was a protest march over the Former PLP government’s move to reform the politics of the city and the town of St.
Georges; democratic reforms.
This anti-Bertmudian one term OBA government has never hidden it’s intentions and that is to lock up it’s political control of the country at the expense of the people of Bermuda.
The PLP jumped off in liferafts and left the titanic to sink. OBA are working for all Bermudians trying to raise the Titanic. Face reality Norris, if you vote for the PLP now, then you have issues, and maybe you need to seek help.
Where is the Corporation’s media release addressing the necessary sanctions of the Deputy Mayor for his remarks that were contrary both to the Corporation’s recently adopted (and highly publicized) Code if Conduct and the HR Act?
Quite hypocritical and selective for the Corporation to suddenly want dialogue with the Government considering their prior obfuscation and cold shoulder approach regarding the lease of 20+ acres to an unproven tenant developer. What gives?
Outerbridge is just doing what Donal Smith tells him to do. And Donal Smith still hankers after making Corporation positions well-paid. This law might make that difficult.
Indeed. The Deputy Mayor didn’t have time to address his remarks because he had leaders from around the world to host. That was weeks ago.
Take a look at his comments about compensation. This is where his real concerns are…compensation for an idea or dream? Seriously?
Will there be a portrait hanging in City Hall?
Imagine what that would look like. One of those scared deer in the headlights looks like all of the press pics.