The Tribune

By RASHAD ROLLE

Tribune Staff Reporter

rrolle@tribunemedia.net

PROGRESSIVE Liberal Party Leader Philip “Brave” Davis characterised the Minnis administration’s changes to the board of the Utilities Regulation and Competition Authority as unlawful yesterday, arguing they infringe on the independence of the regulatory body.

Effective last November, Neville Wilchcombe replaced Randol Dorsett as chairman of URCA’s board, while another former board member, Cherise Cox-Nottage, who was appointed in 2015, was also removed from the board.

Serfent Rolle and Kendal Culmer were two other non-executive members who were newly appointed to the board after the Minnis’ administration’s changes.

It’s not clear why the changes were made. URCA was created in 2009 as the primary governing body of the new regulatory regime for electronic communications in the country. The URCA Act, 2009, entitles non-executive board members to a three-year term. Circumstances that could result in a member’s removal include bankruptcy issues, financial interests that could prejudice their functioning, absence from meetings for longer than six consecutive times without the board’s permission, neglect of duties, conviction for material misconduct or incapacitation by physical health or mental illness.

Attorney General Carl Bethel could not be reached yesterday to comment on the reason for the changes. However, he told The Nassau Guardian last week that he is satisfied the government acted lawfully.

In a press statement, Mr Davis said: “The PLP notes the purported changes in the membership of the Utility Regulatory Competition Authority’s (URCA) board of directors. “We question whether the government has acted properly and according to law by appointing and announcing changes to the board. We are deeply concerned that the changes announced by the attorney general are ultra vires the act.

“The law surrounding and governing any and all changes to this statutory board are as follows: the provisions of the URCA Act allow for its board members to serve their full terms in office. A change in the board cannot be accomplished by revocation. Any purported changes in membership are therefore outside the powers of the act and are null and void. “The attorney general’s purported comment to the press that the law was complied with in making these board changes is at odds with the letter, initial intent and spirit of the law. I refer the attorney general to Section 14.1, 14.5, and 19.1 of the URCA Act.”

Mr Davis added: “These relevant provisions are to ensure the independence of URCA - free from political influence or intervention. Additionally, issues of public policy from the political directorate are required to be contained in the sector policy mandate that is published at intervals; this too is provided for in the act.

“If the tenure of the current chairman expires in 2019, then under law he should be allowed to serve out his entire term, save and except for a voluntary resignation. The action of the government is repugnant and contrary to the law

“In 2012 when the PLP came to office, we met the FNM appointed board in place but we complied with the law and allowed the members to serve out their full terms of appointments. The questionable actions of Attorney General Carl Bethel should be tested in a court of law.”

Mr Davis said the PLP is also advised that the government intends to sell its shares in the telecommunications company Aliv.

“Not only is this not advisable at this stage due to the depressed value of the shares, but it is bad public policy to change a board in the middle of preparations for an initial public offering, or IPO. The sudden loss of institutional knowledge and memory can interrupt and negatively impact the IPO process and is a compelling enough reason to allow the existing board to finish its important work unencumbered,” he said.