DECISION REVERSED.

Auckland Star, Volume LXI, Issue 97, 26 April 1930, Page 12

DECISION REVERSED.

DISMISSAL OF TOWN CLERK.

HOWICK CONTROVERSY.

REQUEST TO ENGINEER.

By four votes to three the .Howick Town Board on Thursday night reversed its decision to terminate the appointment of its part-time town clerk, Mr. V. L. Bagnall, because of his acceptance of a position as clerk of works on road contracts in the district. Legal advice showed that the services of the town clerk could not be dispensed with unless he was found to be failing in his duty. The board alsc decided to request its consulting engineer, Mr. A. Greville Walker, to withdraw his resignation, handed in as a protest against ""the unfairness of making Mr. Bagnall sacrifice a permanent, position for one of a temporary nature." Rights of the Board. 1 The motion reversing the previous decision of the board was moved by Mr. L.. V. Mclnness, and seconded by the chairman, Mr. J. Crawford. "The position is that the board cannot rightfully dismiss the town clerk until he is found to be failing in his duty," said the board's, solicitor, Mr. J. A. Kyd, when asked to give an opinion on the subject of the dismissal of the town clerk. "At the same time the board is entitled to all of Mr. Bagnall's time during office hours." Mr. W. Cooper, in giving .reasons for his objections to the town clerk holding a dual position, said he had heard that the clerk of works would need to give all his time to that work while road laying was in progress. Personally he felt.that Mr. Bagnall should be engaged as full-time town clerk, even if it meant increasing hi= salary by the" amount he would gain by his appointment as clerk of works. "I think that to persist with our previous motion would be detrimental to the interests of the district," said Mr. J. C. Litten, in intimating that he would /ant - ¥?tf against thr notice of' motion. ,

Unjust Action. "If the town clerk resigned it would be very difficult to find a successor for him," argued Mr. A. Cherry, in advancing the opinions of the Ratepayers and Residents' Association. During an address, which was punctuated with applause from the gallery, Mr. Cherry questioned the justice of the board's action in terminating the appointment of the town clerk. The position of the engineer was then considered, his resignation having been sent in in writing. Mention was made during the debate that if work not pursued soon under Mr. Walker's supervision, the board might forfeit certain Highway Board subsidies. I' It was ultimately resolved that Mr. Crawford, Mr. Litten and Mr. Armitage should wait on the engineer and ask him to reconsider his resignation. t