The Penang Government and the Public Service Department (PSD) are on a collision course over the appointment of the new president, two in this case, for the country's largest municipality, the Seberang Perai Municipal Council (MPSP).

After hours of deliberation at the weekly State Executive Council meeting yesterday, the state government has decided to stick to the appointment of the state deputy secretary (development) Md Aris Ariffin as the MPSP president, at least for the time being.

Md Aris ( left ) was sworn in as the MPSP president at 10am on Monday. However, PSD appointed Seberang Perai Utara district officer Abdul Ghani Ariffin as the MPSP president.

Abdul Ghani received the appointment letter, signed by PSD deputy director-general Wahab Mulajaat, via fax from PSD at 3pm on the same day Md Aris was sworn in.

The confusion triggered by the dual-appointment has caused embarrassment to the state government, which is in no mood to entertain the PSD directive. Chief Minister Dr Koh Tsu Koon has even questioned the validity of the letter faxed to Ghani's office.

He has directed State Secretary Khalid Ramli to check on it with the Chief Secretary to the Government Samsuddin Osman and PSD.

Speaking to newsmen a the lunch break during the exco meeting, Koh said under the Local Government Act, the duty to appoint a council president was under the purview of the State Government, although PSD was the department responsible to nominate candidates and issue appointment letters.

Within PSD's authority

However, Samsuddin was quoted as saying in the press on Wednesday that it was within the PSD powers to appoint the head of a local municipality.

Koh brushed aside Samsuddin statement as "speaking out of context."

The visibly embarrassed and upset Chief Minister plans to clear the air over the confusion with Samsuddin and PSD by this month.

The state executive councillors were particularly upset that Abdul Ghani spoke to the press about his appointment when he should have notified Khalid about it first..

It is learnt Koh and Khalid had ticked off Abdul Ghani on his "improper" publicity stunt.

"It is the duty of the chief minister to announce the appointment of council presidents, not civil servants," Koh said.

He described PSD's appointment of Abdul Ghani ( photo ), as MPSP president without the state government's knowledge, as a result of "total misunderstanding and misadministration of procedures."

The episode also exposed PSD's disrespect to Koh and his government. Under the procedure, PSD must officially inform the state secretary in writing on the prospective candidate for the council presidency.

The secretary will then notify the State Executive Council for deliberation. The prospective candidates will then be asked to consider the job offer and make his decision known officially to the state secretary.

Vacant for a month

Once finalised, a letter of appointment will be issued by PSD through the state government.

"However, here the letter has been sent straight to Abdul Ghani," said Koh

The position of MPSP president was left vacant for almost a month when its former president Datuk Ismail Mamat retired on March 17.

Abdul Ghani was then tipped as the likely man to replace Ismail.

However, according to Koh, PSD did not submit its nomination for Abdul Ghani.

"So we appointed Md Aris until further notice," he said, adding that this was not the first time the state appointed a temporary president - the last time being in 1999.

However, even if the Penang State Government manages to clear the air with Samsuddin and PSD, the whole controversy would have a lasting embarrassment for Koh and company.

A Veeranggan is malaysiakini 's Penang-based stringer.