Marigot: --- Senator Louis Constant Fleming on Friday reacted to statements made by opposition leader Alain Richardson who called him a dictator for not consulting with the territorial council prior to making the amendments. Fleming said that he did not have to consult with the territorial council on the draft law. He explained that after submitting the law he gave a copy of law to each territorial counselor on October 3.
Fleming said the council would be called upon to give an advice (avis) on the proposed amendments.
The amendments to the organic law are supposed to come up on November 18, said Fleming. He further explained that the power of the executive council will not be reduced instead the amendment will stipulate who is the Chief Executive Officer of the council which would be the president. He said the vice presidents have an obligation to notify the president when they are leaving the island since the president can be held responsible for them in a court of law. Furthermore, the president he said needs to know when and where his vice presidents are going. Fleming explained the president also has to know what his vice presidents are doing for the island and how they are spending government monies. Fleming made clear that he is not a member of the territorial council and for Richardson to call him is a dictator is besides the point.
He said when he held the position of president of the COM he had written a letter to each vice presidents explaining to them that they would need to notify him when they are travelling especially knowing that their tickets are paid for by the COM.
Already he was advised by the reporter that the law on the building permits could not be changed since the law that is applicable on St. Martin is applicable in all the other Collectivities. Fleming said that he would remove that amendment as was advised. As for the reducing of power from the vice presidents, Fleming said the idea was not to reduce or take away any power from the executive council. He said in the past it was the mayor who was signing the building permits, and he did it for one year while sitting as president of the COM. He said right now the vice presidents do not seem to be respecting the laws. He said just recently he was called in by the Prefet who told him that all the elected officials are busy writing letters and sending it to the State and these elected officials are not following basic procedures. Fleming said right now everyone is doing as they please, and there seems to be several chiefs and no Indians, thus they have to clarify this in the organic law.
The senator said it is only recently he was advised by the president’s cabinet that some adjustments are needed in the organic law regarding building permits. He said even though the executive council would review or look over the advice of the building permits and they would vote in favor or against the issuance of the building permit, it is the president that would sign off on the documents on behalf of the executive council. Fleming said one of the reasons he agreed that this should go directly to the president’s office and not to the executive council is to reduce the processing time. Fleming said each time a request is made for a building permit the applicant has to wait until an executive council meeting is called for it to be handled. He lamented that the fine-tuning and the work on granting building permits are done by the service urbanism and the State is always there to monitor the process and to see if the law has been maintained. “When building permits come to the council all they have to do is look at it and agree or disagree on the advice submitted by service urbanism.” He dispelled the insinuation that the amendment would encourage corruption or bribery. Fleming said he is not saying that bribery cannot take place, but surely, it would not be done in the president’s office, instead it may take place in the department that handles and prepare the advice for the executive council. He further explained that if the Collectivity sits on any dossier regarding a building permit then that permit is granted automatically.
Another change to the organic law he said is the five-year grace period for property owners who are not living on St. Martin. He said he knew from the very inception that this law had to be amended and St. Barths is also in the process of amending the same article because it means the Collectivities are loosing a great deal of monies during the five year period.
The senator said while he contacted a deputy from Martinique to intervene in the situation the opposition felt it was good for St. Martin since it would keep the Metropolitans from coming to St. Martin. Fleming said this law is exposing people to corruption since the Metropolitans or non-residents can find people to front for them. While the ministry of finance felt the elected on St. Martin want to create a fiscal paradise or (off shore center) which would permit people not to pay taxes.
Fleming said while it might be a good idea to create an offshore center on St. Martin it takes as long as 25 years for this center to become credible. He asked which responsible elected official would put its people through such a long waiting period.
The senator made clear that he intends to speak out against the accusations made against him on the radio stations as early as Monday.
