Philipsburg:--- The Faction of the National Alliance headed by Island Councilman and Senator William Marlin presented a motion of non confidence against Independent Island Council member Louie Laviest during the island council meeting yesterday. The motion could not be passed since both factions voted five for and five against which created a tie. Another meeting would have to be called where the motion would be tabled again and if the results remains the same then the motion would not be carried.
Marlin said the basis of the motion was based solely on the fact that the island councilman and commissioner was detained and was in police custody for nine days. More so the commissioner is also accused of forgery which he said is a very strong allegation. "Since the commissioner and the Democratic Party has not yet gotten their act together by having the commissioner resign from the executive council then it is only fitting that it be done in the island council, Marlin said that very often you would hear about good governance and the Democratic Party is not living up to that fact.
He further stated that his faction had no intention of forming a government with the island councilman who is facing legal jeopardy, instead they were very clear to Laveist that should the NA faction take office he would not have been appointed commissioner. The only thing difference was that Laveist would have supported the NA like he said in several public statements prior to even discussing with the NA faction. Marlin said Laveist had agreed to the terms of the NA since he knew he had some legal matters pending.
Marlin said his faction was in stronger discussion with Commissioner Theo Heyliger who would have been appointed commissioner had he cross the isle.
Following is the text of the motion presented by the NA faction.
The Island Council of the Island Territory of St. Maarten, in its meeting of today December 10th 2008,
Considering:
• That on Oct. 22nd 2008 Commissioner Louie Laveist was detained by the federal detectives and upon request of the Prosecutor's Office was held for 9 days for questioning on suspicion of forgery.
• That Commissioner Louie Laveist was stripped of all his portfolios as a member of the Executive Council by the Executive Council of St. Maarten.
• That on Nov. 12th 2008 Commissioner Louie Laveist informed the chairman of the Island Council that effective immediate he was assuming a non-active position in the Executive Council.
• That our laws, rules and regulations governing the Island Council and Executive Council have no provisions for a non-active Commissioner in the Executive Council.
• That on Nov. 16th 2008 six members of the Island Council, including Louie Laveist, sent a letter to the chairman of the Island Council advising him that they support an Executive Council comprising of Commissioners, Theo Heyliger, Maria Buncamper-Molanus, Roy Marlin and Sarah Wescot-Williams.
• That last mentioned letter has no legal bearing on the composition of the present Executive Council; thus Louie Laveist is still a Commissioner in the Executive Council of St. Maarten.
• That up until today, Dec. 10th 2008 Louie Laveist is still a Commissioner in the Executive Council of St. Maarten in accordance with AB 2007 #21.
• That it was announced publicly by the leader of the DP of St. Maarten on Nov. 14th 2008 that Commissioner Louie Laveist was going to resign from the Executive Council, but to date, 24 days later, he has not done so.
• That it is not in keeping with Good Governance and not in the interest of the image of the Island Territory of St. Maarten to maintain a Commissioner in the Executive Council of St. Maarten who is under investigation on suspicion of forgery.
Resolves:
• That Commissioner Louie Laveist no longer enjoys the confidence of the Island Council of St. Maarten.
And goes over to the order of the day.
Copies of this motion to be sent to:
The Governor of the Netherlands Antilles
The Parliament of the Netherlands Antilles
The Government of the Netherlands Antilles
The Island Councils of the Island Territories of the Neth. Antilles
The Executive Councils of the Island Territories of the Neth. Antilles.
SXM has Coalition Government--- Samuel.
In questioning the letter the Democratic Party sent to the Chairman of the island council indicating that they had six seats under the DP led government; Island Councilman Rodolphe Samuel said the DP Faction does not have the majority in the island council since Laviest has declared himself and independent member of the island council, furthermore Laveist also resigned from the DP party.
Samuel said the letter is unclear since it states that the six island council members are supporting an executive council of four members, excluding Laviest who was sworn in as an executive council member.
He said right now the island council consists of three factions namely the DP, NA and LAM (Laviest Action Movement) and two of these factions LAM and DP has formed a coalition. Samuel charged that it is the job of the chairman to duly inform the people of the changes which was not done. The councilman also feels that the existing government needs to also present their governing accord or at least say if the six members are supporting the same governing accord of the DP faction. Samuel also wants to know if Laviest would be given the necessary amenties as another faction in the island council and if he would be taking part in the RTC (round table) meetings on the constitutional process. He said only on Monday the members of the island council met in a PCCA meeting and Laveist was nowhere to be seen. The island councilman also did not show up to yesterday's island council meeting, however, he did inform the chairman of the island council that he would be off island on medical.
Samuel said he believes the people of St. Maarten need to know if the commissioner who said he is a non active commissioner would enjoy the same benefits as he previously did. Those benefits are the use of the government vehicle (E3), his telephone, salary and credit card.
Samuel also asked what decision the present government has taken with regards to the persons working for Laveist as political appointees and questioned if they are still on government payroll.
In answering some of the 18 questions posed to the executive council leader of government Sarah Wescot Williams said there is no new government as perceived by the NA. She said her party did not discuss whether Laveist would remain with the DP or if in fact there is a new faction. She said they are still in discussion and Laveist who would at some point resign from the executive council. Neither can she say if Laveist would take part in the RTC meetings scheduled for December 15.
She further asked what the National Alliance would have done if Laviest had supported them to form a Government. Wescot Williams wants to know if the NA would have taken away his benefits even though he supported their faction. As for the staff that was working with the commissioner she said will go back to the civil service while the two political appointees will receive their salaries for the next three months and they would then have to go back to the private sector. "These two persons are presently in their integration period". The island leader said.
Island Councilman Frans Richardson charged that the press release that was sent to the media by Laviest was not written by the commissioner since this press statement is in complete contradiction to his statements earlier. Richardson dissected the press statement saying that Laviest should have known what he was doing prior to causing confusion. He said Laveist cannot be in his right mind to write such a letter which is contradicting him. Furthermore, he wants to know if the keys to Laviest office were taken away from him because the press statement was faxed from the office of Commissioner Roy Marlin. Richardson charged the statement was written by someone else and Laveist only signed it, he said if Laveist had written that letter he would have been there to defend the letter as well as the statements he made.
He said Laviest has caused ciaos and confusion when he caused the DP led government to fall. Richardson also condemned the executive council for not responding to them in writing since they submitted a list of 18 questions. He said this goes to show that the executive council has no respect for the island council.
Richardson asked where is Laveist to give his support to the DP faction during yesterday's island council meeting. He asked which of the four commissioners is driving E3 since he saw it parked at the PJIAE.
Obviously aggravated by the statements made by the National Alliance faction, Island Councilman Petrus Leroy De Weever said had the chairman of the island council should have duly notified the council that Laveist had sent him an email indicating he would not have been able to make the meetings. "Had you done so then many things could have been avoided." De Weever said.
De Weever, said he is the junior member of the council and it is difficult for him to understand certain things. In this case though he said the English Language can be misconstrued even by the office of the governor.
In attacking the letter that was sent to him by the NA faction which stated that they wanted an urgent meeting on the new EXCO. De Weever said he only voted once on July 2 and that there is no new EXCO and the NA is simply shooting missiles over a dingy unnecessarily since according to him there is no new EXCO in place.
Leader of the National Alliance said based on the statements made by De Weever, shows that the Executive council is indeed misleading the people of St. Maarten. Marlin also read the letter that was sent to the chairman where six of the island council members signed stating they have the majority in the island council.
That letter he said has created confusion since they said they are supporting the executive council that consisted of four members when in fact five of them were sworn in. Marlin further said based on that statement they requested the meeting to debate the letter since there is only one executive council that consisted of five members including Louie Laviest.
Marlin said after Laveist was detained the leader of government said they consulted with Laveist and he would do the right thing by resigning. Had that happen they would have approved it since it would have been in compliance with good governance. Furthermore, the commissioner was stripped of his portfolios leaving him to do nothing. Marlin said there is nothing like a non active commissioner, however, the possibility do exist where there can be a commissioner without portfolios but this has to be clarified by the present executive council. "Basically the DP has to come clean and let the people know who their Government is and how it is made up."
Marlin said Laveist never retracted his letter he sent to the Chairman where he said that he no longer supports the DP led government and the questions posed by his faction member are legitimate questions.
He felt that the EXCO should not create confusion and then spin this on the National Alliance.
In rebutting the statements made Commissioner Roy Marlin attacked the National Alliance by saying that they are now sour grapes since they were not able to form a government when Laveist declared himself as an Independent member.
Furthermore, Marlin said that the National Alliance leader had a flimsy excuse when he said he did not have a hard copy of the governing accord for Laviest to sign when Laveist was at his home. Commissioner Roy Marlin said if it was him he would found a piece of toilet paper and make sure the commissioner signed it since he would have made sure he got the support of the independent member who allegedly was in William Marlin house.
He said that very piece of toilet paper with the signatures he would have pushed it under the chairman door so he could have had a hard copy.
Marlin said after the NA failed discussions the DP decided to pull in all their soldiers and re-group in the interest of the island. And he cannot see what is wrong with the commissioner Laviest who rose to the occasion and supported a DP led government.
He felt that the meeting held yesterday had nothing to do with the issues discussed instead it was about sour grapes. He also wants to know what the NA would have done with the political appointees that are working in Laveist office and what would have done with the E3 vehicle. Marlin said the NA should not create the impression as if they too would not have taken care of certain matters such as the vehicle, phone, credit card and political appointees. He said he felt what is good for the goose should be good for the gander when it comes to good governance.
Leader of the Democratic Party Sarah Wescot Williams said National Alliance failed even in the second round even though they created a twist in the debate. She said she is tempted to ask if the National Alliance is speaking of the same person (Laveist) since they lauded him a few weeks ago when he declared himself independent member. She said she still cannot imagine they are discussing the same person because he was the hero and they all met with him in their house at all hours of the morning trying to form a government. "Based on the support of that person the NA would have given in a letter to the Chairman of the island council, claiming majority, but today he is a persona non grata". Wescott Williams said.
