Arrindell insists: Back Street Project
should be brought to Island Council
PHILIPSBURG--People’s Progressive Alliance (PPA) leader Councilwoman Gracita Arrindell says she has not had the time to work with her counsel on the facts and the law pertaining to which matters must be submitted to the Island Council for its review and approval.
She still insists, however, that the law requires that the contract for the Back Street improvement projects be taken to the Island Council for approval or disapproval.
Back in January, Arrindell had questioned the legality of the Back Street improvement project. She had written to Chairman of the Island Council Lt. Governor Franklyn Richards and had threatened to take the matter to Court.
She had demanded that the Lt. Governor follows the laws, regulations and the specific contract term of the Back Street beautification project that required Island Council approval, but which hadn’t happened.
Arrindell had demanded stoppage of the project as well and had said that if the Lt. Governor was “unwilling or unable” to comply with this request within five business days, she would consider taking the matter to Court. A judge would then have to decide whether the Island Council was given an opportunity to consider and approve the agreement.
Arrindell told The Daily Herald Monday that she had been busy over the last several months with the PPA slate and preparing for the Island Council elections on April 20 and had had no time to work intensely on the matter. She continues to believe that both the law and the specific contract in question clearly require that the contract be submitted to the Island Council for its approval or disapproval.
What is at stake here is the creation of legal jurisprudence so that other members of the Island Council would know and understand what rights they have to ensure that the laws of the island are followed by the Executive and Legislative Councils under the Island Regulations, Arrindell said.
“Surely, the founders of the Netherlands Antilles did not intend that members of the Island Council be powerless in the face of clear violations of law. This question is not about a vote or a violation of the Rules of Order or procedure, but a violation of the Island Regulations and the specific contract terms.”
Furthermore she said the issue was not a political question but a question of access to the courts for the resolution of clearly legal questions relating to whether a provision in the Island Regulations of St. Maarten and the Central Government, requiring the Executive Council to bring certain specific matters to the Island Council for its approval and the specific matter not being brought to the Island Council as required by law.
“Those who argue this is a political question have not read the facts of this matter and the laws of St. Maarten. This case is about how we, the people, can compel the Executive Council and the Island Council to follow the law when the Lt. Governor fails to act or refuses to act,” she said.
In this case, according to Arrindell, the Lt. Governor has declined to rule on the matter and has stated months ago that he has referred the matter to his staff for its review. “However, during the time the matter is being studied by the Governor’s Cabinet or other departments, the activities which should have had the Island Council’s review and prior approval are continued in violation of the Island Regulations and the specific contract signed between the government and the contractor.”
The courts are the institution of last resort to ensure that this government follows the laws and when it fails to do so, the courts have the authority to compel either the Executive Council or the Island Council to follow the law, said Arrindell.
St Maarten vacation rental
