Howick Town Clerk To Retain Position

Sun (Auckland), Volume IV, Issue 956, 26 April 1930, Page 1

Howick Town Clerk To Retain Position

DECISION REVERSED DEPUTATION TO ENGINEER On the grounds that, according tc legal advice the town clerk could not be dismissed until he had been found to be failing in his duty, the Howick Town Board decided at a special meeting on Thursday evening to reverse its previous decision terminating the appointment of part-time clerk held by Mr. V. L. Bagnall, because he had acceptd a position as clerk of works on road contracts in the district. In accordance with this resolution which agreed to Mr. Bagnall filling the dual positions of town clerk and clerk of works, it was decided to ask Mr. A. Greville Walker to withdraw his resignation which he had offered at a previous meeting as a protest against the board’s proposed action concernirg Mr. Bagnall. Asked to give his opinion on the question, the board’s solicitor. Mr. J. A. Kyd, said that the position was that the board could not rightfully dismiss the town clerk until he was found to be failing in his duty. Mr. W. Cooper: So that means that we would have to trap the clerk in an omission of his duty. Mr. Kyd: Well, I suppose you could put it that way, but at the same time the board is entitled to all of Mr. Bagnail’s time during office hours. if Mr. Bagnall wishes to relinquish his position as clerk of works, he may do so by giving seven days’ notice, or the board may dismiss him from that position with seven days’ notice. Mr. Cooper said that his objection was that he had heard from reliable sources that the clerk of works would need to give all his time to that work while the road-laying was in progress How could one man do a full-time job as well as duties which were supposed to take him four half-days a PREPARED TO WAIT In replying to a question Mr. Kyd said that the board would have to wait until Mr. Bagnall was found out as being negligent in his duty, before dismissing him. Mr. Cooper: Very well, I'm prepared to wait. “I think that to persist with our previous motion would be detrimental to the interests of the district, and 1 am prepared to sink my own feelings, or principles, perhaps, in order to avoid that. I shall not vote against the notice of motion,” said Mr. J. C. Litten, who also mentioned in explaining why he proposed to change his vote, that irrespective of the legal position of the board, a new complexion had appeared on the whole question since the last meeting. Mr. Cooper: When I came on the board eight years ago I promised to resign as soon as I did anything against the interest of the ratepayers. I have never been called upon to do so yet and I consider that I am act ing in their best interests by opposing the combination of the two positions. In advancing the views of the Ratepayers’ and Residents’ Association, Mr. A. Cherry received much applause from the gallery. He said that as far as the engineer’s resignation was concerned, if the requested advice of a professional man was refused and negatived, what else could he do but retire? If the town clerk resigned it would be very difficult to find a successor to carry out the work as Mr. Bagnall had carried it out, and if the work proposed to be carried out was not done, serious financial difficulties would arise. There was also the injustice of the board's action. It seemed strange that a man who had congratulated Mr. Bagnall on his appointment as clerk of works should at a later meeting move that he should give up a permanent job for the sake of a temporary one. A vo-te was then taken on Mr. McInness’s motion, which was carried, the chairman, Mr. J. C. Litten, Mr. P. L. Armitage and Mr. L. V. Mclnness voting for and Mr. W. Cooper, Mr. H. H. Bushell and Mr. D. Strong voting against. ENGINEER’S RESIGNATION “I move that a deputation, consisting of Mr. Crawford, Mr. Bushell and Mr. Cooper, meet the engineer and ask him to reconsider his decision,” said Mr. Mclnness when a letter was read from the consulting engineer, Mr. A. Greville Walker, stating that he wished to resign from the board’s service. Mr. Bushell declined and Mr. Cooper said that he did not w-ish to be one of the deputation as he did not consider that the engineer had any real grounds for his resignation. Mr. Crawford: It does not matter whether his grounds are real or imaginary. We have his resignation here. Mr. Mclnness said that if the work of paving the Panmure-Howick Road was not proceeded with soon and under the supervision of Mr. Walker, it was possible that the Main Highways Board’s subsidy would be lost. It was expressly stipulated that he was to be the engineer-in-charge. It was decided, finally, that Mr. Crawford, Mr. Litten and Mr. Armitage should wait on the engineer and ask him to reconsider his resignation.