~ In handling change of government ~
ST. EUSTATIUS--"Island Governor Gerald Berkel has not seriously overstepped his authority during the fall of the UPC/PLP/STEP coalition late January this year," Minister of Home Affairs and Kingdom Relations Liesbeth Spies stated this in a letter to former commissioner Koert Kerkhoff.
In the letter, dated June 25, Minister Spies stated she saw no reason to look into this matter any further.
Former STEP commissioner Kerkhoff had sent a letter to the minister in March, in which he outlined his concerns about the functioning of Governor Berkel. He believed that laws and regulations were trampled upon.
Kerkhoff, who was commissioner from December 9, 2011 until January 31, 2012 accused Berkel of bypassing him as commissioner after it had become clear on January 21, that UPC had withdrawn its support from the "Coalition of Hope" government.
Kerkhoff claimed that Berkel had, for instance, taken over all communication with NuStar and had also cancelled his meeting with two persons. He also allegedly had told Kerkhoff and colleague commissioner Clyde van Putten (PLP) that they were no longer members of the Executive Council and as such would no longer be welcomed in the Island Council meeting.
Minister Spies instructed National Government Representative Wilbert Stolte on April 25, to look into the functioning of Statia's Executive Council and specifically Governor Berkel, around the fall of the previous coalition.
Spies asked Stolte to provide her answers to a number of questions relating to the fall of government and the resignation of the commissioners and wanted to know exactly what transpired during the fall of government.
Based on the minister's request, two staff members of the National Government's Representative Office in Statia spoke with the governor and Kerkhoff, as well as with the island secretary and registrar, former Island Councilman and current Commissioner Koos Sneek (DP), Councilman and former "coalition leader" Reginald Zaandam (UPC), and DP-Island Councilman Reuben Merkman.
In his five-page letter to Minister Spies, dated May 21, Stolte stated that according to his observations Berkel had acted in conformance with the stipulations of the law for the "public entities" Bonaire, St. Eustatius and Saba WolBES.
"All decisions have been taken in the presence of the required quorum. The rules of order of both the Executive Council as well as the Island Council were followed. The governor took over as spokesperson on the NuStar dossier for pragmatic reasons in the interest of continuation of the process," Stolte wrote in his letter to the minister.
In her letter to Kerkhoff, Minster Spies stated it would probably have been better if the Executive Council had established a replacement scheme for the NuStar portfolio. Such is prescribed in the rules of order for the Executive Council, but the council, of which Kerkhoff was also a member, had failed to do so, Spies noted delicately.
Where the termination of the contract with Gilger B.V., the company of former government advisor Xavier Blackman is concerned, Minister Spies came to the conclusion that "strictly formally" Governor Berkel could not have acted on this on behalf of the Executive Council on January 31.
On that same day, Kerkhoff and Van Putten had tendered their resignation as Executive Council members; based on the WolBES, the resignation of Executive Council members becomes official as soon as the new commissioners have accepted their appointment, which in this case was on February 1.
Minister Spies added, however, that it had already been clear that the new coalition would not renew the contract with Gilger. In his report, Government Representative Stolte had informed the minister that ending the contract at a later date would have cost the island at least US $12,000 per month.
"Considering these circumstances it was imperative to act swiftly, and as such I do understand the governor's actions. Moreover, the new Executive Council has ratified the termination of the agreement by the governor," Minister Spies stated.
Spies also informed Kerkhoff that the Government's Representative Office is investigating why Kerkhoff's former assistant has up until now not received a salary from the island government.
Governor Berkel had dismissed all accusations as being "unfounded" and denied any alleged wrongdoing surrounding the fall of the previous coalition.
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