Hospital Affairs

Hawke's Bay Herald-Tribune, Issue 51, 16 March 1937, Page 7

Hospital Affairs

■ Ml ' I % 1 ■ % CHAIRMAN'S RULING UPHELD Motion to End Dr. Berry's Services Out of Order SOLICITOR'S VIEW The rtiling by the chairmaa of the Hawke's Hospital Board, Mr 0. Lassen, at tbe special ipeeting held On February 26 to consider the termination of the services on the Napier honorary staff of Pr J- Allan Berry, has been tipheld. Yesterday the board received an opimon from its solicitors wkich ■jonfinned IVIr Lassen's ruling that alihough the votjng was seven to two in favour of Dr Berry being dismissed, it was not carried in accordance with the requirementa of the board' s bylaws, Avbicb demand. a 75 per cent majority. Mr C. Duff had given notice of bis intention to move that a legal opinion be ofctained as to the correctness of Mr Lassen's ruling. In view of the solicitors r opinion, how.everj submitted at yesterday'su meeting, Mr Dtiff withdrew his notice of motion. In opeiiing the disoussion, Mr JDuff said that his notice of motion seemed to have produced the desired result. He had doubted Mr Lassen's ruling, but since coming to the meeting he had had the opportunity of perusing the opinion of the board's solicitors. At this stage Mr Lassen suggested that the legal opinion be read. The managing-secretary, Mr E. T. Rees, thereupon read the opinion, which was a iengthy one. The four following points wei'e made clear: (1) Mr Lassen's ruling at the special meeting that the motion to dismiss Dr Berry from the honorary staff was lost; (2) The board's by-laws are not ultra viresj (3) Mr Lassen's ruling that Dr Berry was not entitled to> vote on the question of his dismiss.al is upheldj and (4) It is within the board's powers to amend the by-laws to provide tliat any questions in debate may be decided by a majority only (and not by a 75 per cent majority). The opinion also held that the board was bound by its bylaws until found to be invalid. Mr Lassen informed members that he had consulted his own private solicitor about his rulings at the special meeting before handing the question to the board's solicitors. He added that the opinion Of the board's solicitors explained the position very clearly throughout. "In view of this opinion, which lias heen most carefully prepared and is most illtiininating, I do not propose to proceed with my motion," said Mr Duff. "That was all that I wanted to obtain. I wish now to withdraw my motion,'' "Is Mr Duff entitled to withdraw his motion?" asked Pr Berry. Mr Duff: It is not necessary for me to proceed. v Apart from the legal position, there is one aspect which I think is important to note, and that is that it should bind the members Of the •board. The moral aspect is an important one, and the board Bhould abide loyally by its by-laws. As there is a doubt as to what is valid and what is not, our by-law should be amended to bring it into conformity With the Act, and I propose tq give notice of motion to this effect shortly. At this stage the board formally aecepted Mr Duff's withdrawal of his notice of mOtion regarding the legal opinion.