PHILIPSBURG--The Executive Council decided on Tuesday to reallocate Commissioner Theo Heyliger's portfolios among three of the four other commissioners – William Marlin, Frans Richardson and Xavier Blackman.

Reports reaching The Daily Herald last night said Marlin was now also responsible for the Public Works portfolio and Richardson for the Harbour Affairs portfolio, while Blackman would now also be responsible for the other portfolio areas hitherto held by Heyliger.

However, according to the "decisions list" of Tuesday's Executive Council meeting seen by this newspaper, but which still has to be ratified by the Executive Council at its next meeting, the Harbour Affairs portfolio was not listed as having been redistributed, suggesting that technically Heyliger would still be in charge of the harbour.

Present at Tuesday's meeting were Commissioners Marlin, Frans Richardson, Blackman and Hyacinth Richardson. The meeting was chaired by Acting Lt. Governor Reynold Groeneveldt.

Tuesday's Executive Council decision came more than a month after Heyliger, who is also leader of United People's (UP) party, had resigned to campaign for the early Island Council elections on September 17.

While according to Article 52, Section 4 of the Islands Regulation of the Netherlands Antilles ERNA Heyliger remains a "caretaker" commissioner until he is replaced in the Executive Council, he reportedly has not shown up for any meetings of the Executive Council. And according to Leader of Government Commissioner William Marlin, Heyliger, who is also an independent member of the Island Council, does not sign any Executive Council documents.

Marlin said the Executive Council had taken the decision on Tuesday for the sake of continuity in government.

"We [the Executive Council] have no clue what is happening because it's as if he is running his responsibilities outside of the Executive Council and we don't know what is happening until it pops up in an Executive Council meeting. ... So in order to carry out the responsibility, this decision was taken," Marlin told this newspaper.

Marlin said that while Heyliger had resigned to campaign, governing had to continue. "He has shunned his responsibility and has indicated that he has no interest in government."

He said Heyliger would be informed of the decision and would be sent the Executive Council's resolution with the decision.

Article 52, Section 4 of the ERNA also states: "The alderman [commissioner] who has resigned shall continue in office until his successor has assumed such function" and stipulates that the vacancy created should be filled "if possible in the very next meeting of the Island Council."

However, with two weeks to go before the September 17 elections, instead of filling the vacancy, the National Alliance (NA) has opted to redistribute Heyliger's portfolios.

According to the Executive Council's decisions list, "with immediate effect" Marlin will oversee the Public Works Department, specifically New Projects Development and Planning, Environment and Spatial Policy VROM, Domain Affairs, and Inspection. He is also now responsible for utilities company GEBE.

Blackman will oversee Management Support Services, specifically the Fire Department, Projects and Programmes Bureau, also with immediate effect. He is now also responsible for the setting up of the Justice Ministry, a task that was not assigned to Heyliger.

Commissioner Frans Richardson will now oversee government-owned companies Economic Development Corporation (EDC) and Simpson Bay Lagoon Authority Corporation (SLAC). These two companies are subsidiaries of St. Maarten Harbour Group of Companies.

These new portfolios are in addition to the ones Marlin, Richardson and Blackman have held since NA and Heyliger formed a coalition in June 2009. Marlin's main areas have been Constitutional Affairs and Education, Richardson's Tourism and Economic Affairs, and Blackman's Finance and Personnel Affairs.

Marlin and Blackman will oversee each other's portfolios when either is away, while the same will happen between Frans Richardson and Commissioner Hyacinth Richardson.

Meanwhile, although Heyliger resigned from the Executive Council on July 19, he never pulled his support from the coalition – a move that some persons contend could take NA out of office, as the coalition agreement was signed between the two. The "Emilio Wilson Estate Accord" gave majority support in the Island Council – six seats – to an NA-led government. NA already had five seats in the 11-member council.

Independent Island Councilman and former Democratic Party commissioner Louie Laveist had pledged his support to NA, but nothing has been signed publicly between him and NA on the matter.

Heyliger ended his 11 consecutive years as commissioner with the stroke of a pen on July 19, when he signed his resignation letter in Dr. A.C. Wathey Legislative Hall and submitted it to Acting Lt. Governor Reynold Groeneveldt. He continues to be an independent Island Council member until the first Parliament for Country St. Maarten is elected and new members take office on October 10.

Heyliger was the youngest commissioner ever to take office in St. Maarten when elected in 1995, and still is. He served from July 2, 1995, to August 17, 1997. He returned as commissioner from July 2, 1999, until he resigned from DP on June 4, 2009. Heyliger formed the coalition with NA two days later, immediately returned as commissioner, and has held that post until the present.