Two local authorities in Selangor may have run foul of the law by appointing a deputy president and a deputy mayor, which are non-existent posts under the Local Government Act 1976 (LGA).

Lawyer Derek Fernandez, who has actively handled local government issues in and outside of court, said Section 10 specifically outlines the appointment of a president and a minimum eight councillors or a maximum of 24.

"These people must be appointed from among local residents and have wide experience in local government affairs, among other things," he said when contacted yesterday.

"There is certainly no provision for the appointment of a deputy president and any such move is not sanctioned by the LGA," he added.

He was asked on the legal position of such appointments, a matter that was raised by blogger Jeff Ooi at last Sunday's public forum by the DAP on its national campaign for the restoration of the third vote.

Ooi had questioned the legality and constitutionality of the appointments, naming the Subang Jaya Municipal Council for appointing a deputy president in 2000 and the Shah Alam City Hall for appointing a deputy mayor in 2004.

Downright misleading

Fernandez, who is legal advisor to several residents associations, said it was downright misleading to use the term 'deputy president' for a legally non-existent post.

"The term gives the wrong connotation that the deputy president is the second-in-line to the president, and that he or she can replace the top person in his or her absence. The law clearly does not provide for this," he added.

He said that anyone appointed as a deputy cannot simply assume the acting council president's duties in his or her absence.

For instance, he said, when a president is absent to chair a council meeting, a councillor is required to take over the meeting.

"In addition to councillors, the president is only allowed to appoint officers to the council. Any creation of a post, the proposed wage and job scope needs to be approved by the state government," he added.

Fernandez said it was also inappropriate to use the term deputy president.

"To call it anything else that is not statutorily created is misleading," stressed the lawyer.

He suggested that if the reason for the appointment of a deputy is to assist the president, then the latter should vacate his office instead as there were "many others who can do the job."

Urban governance expert Dr Goh Ban Lee, concurring with Ooi and Fernandez, said it was unclear whether or not the deputies were sworn in as councillors.

"Are they officially councillors or appointed as council officers? The law requires the council president and all councillors to be sworn in," he said when contacted in Penang.

The social science lecturer also questioned the official capacity of those who have been appointed to the posts of deputy president and deputy mayor.

"Normally, if the president is not around to chair a council meeting, one of the councillors would chair it. In fact, not even the council secretary can do that because he or she is not a councillor."

Goh also wanted to know in what capacity a deputy sits in for council meetings.

"They have no voting power in the council's decision-making process but can still serve as an officer of the council," he added.

'It's in the law'

But refuting earlier arguments, MPSJ deputy president Arpah Abdul Razak insisted that the specific provision was in the LGA.

"It is there in the Act. In fact, a deputy president can be sworn as a councillor but in our case, there are already 24 and we do not wish to upset the present arrangement, so it was decided that my appointment would be as officer of the council," she said.

"Anyway, this is not a new issue. It has been raised many times before and we have explained the situation. In fact, we had a briefing for new councillors which included this matter," she added.

Together with the council president and secretary, she said, the deputy forms the management team of the council with her as corporate director.

"It's similar to a board of directors. I was appointed to assist the president in the management of the council and given his huge responsibilities at the state level, he is left with no time for council operations," she explained.

Arpah directly oversees the corporate section, ICT, library, community development, and culture and sports activities.

"My appointment (in 2000) was based on an arrangement with the state government and the Public Services Department. Such an appointment was necessary due to the complexities within the council such as increasing duties and functions."

Arpah said she sits in council meetings as an officer.

"The councillors decide on policy-making, I work on policy implementation."

She said other councils should follow suit because the MPSJ has been very effective in carrying out local development.

The other person in question, MBSA deputy mayor Za'ba Che' Rus, could not be reached for comment.