ANOTHER BREAK

Rotorua Morning Post, Volume 2, Issue 587, 19 July 1933, Page 6

ANOTHER BREAK

PROCEEDINGS VOID OPOTIKI MAYOR DROPS LEGAL BOMB INTO COUNCIL APPEAL FOR MANDAMUS The Opotiki Borough Council is still a house divided against itself and appears as far off a settlement of its disputes as ever. At the meeting held last night legal opinions were produced and threats of an application for a mandamus uttered The meeting last night was called in accordance with a resolution passed on July 4 and also as the result of a requisition by councillors to the mayor and it was proposed to move a resolution to the effect that the town clerk, Mr. C. Fleming, be instantly dismissed and that Mr. W. H. Briggs be appointed to act for the borough pending the appointment of a new town clerk. The mayor was prepared for this action and at once informed the council that he had a statement to make regarding the position in which the council stood. "At the special meeting in July 4," he said, "I was of the opinion that the proceedings were out of order, but as I was not sure of my ground I decided to allow them to proceed. S'ince then I have taken legal advice on the matter and have now obtained an opinion which I will ask the clerk to read." The clerk then read a lengthy document to the members after which the mayor continued saying: "It is clear from this opinion that the resolutions carried on July 4 are out of order and for the same cause the convening of this special meeting this evening is also out of order and I am therefore obliged to rule that the whole proceedings at and subsequent to the meeting of July 4 are irregular and void. This being the case the meeting was called for this evening cannot be held, nor can any action be taken at it." Something Better Cr. Shalfoon immediately asked the mayor if he would state where he got his advice from, but the mayor declined. Cr. Shalfoon then informed thc council that he' had also secured advice which was better than the mayor's and he was assured that the proceedings that evening were in order. Cr. Anderson then wanted to give notice to move the resolution which the meeting was caled to discuss, but the mayor would not allow this. Cr. Anderson then declared that he would obtain a mandamus from the court to compel the mayor to accept the motion, but his worship still refused. A Concession Cr. Short then asked to be allowed to put in a notice of motion- as fol-. lows: That the position of the salaries and wages of the staff and employees be reviewed in connection with the financial position of the borough and thereafter, if considered advisable, that H. Stewart and C. Payne (whose wages are fixed by award) have their time reduced 11 days each four weeks and that all other employees, with the exception of the typist, be reduced 5 per cent. The mayor accepted the notice of motion and declared the meeting closed with Cr. Shalfoon protesting that it was not yet 10 o'clock and there was plenty of time to do business.