THE BOROUGH DEADLOCK.

Bush Advocate, Volume XX, Issue 937, 3 February 1908, Page 7

THE BOROUGH DEADLOCK.

\\\\ cihxcil rH(>( r.i;i)i\(;s. AIK MAiniN'S OIMMON. Case still i'<l 18th hist.- ! limvc n-nd tin' Town Clerk's lot tor of mm dale and tin' lypo-writton staicii" :\\ ol i'acls arrmni.)!! living it; also l!n' iypo- \\ rit It'n "Council Regulation- i.t Conduct of Uusinoss. ;f The be; '\ n the Council':- Rules and \\v\ry. :.u>i;'.- lias not reached me. The following question-; >•■'> .m-neral interest appear to arise on ihe I'aco <>f those documents : — (\) How far the Council is hound by the expressions in a petition not beinjj; .1 petition required by h\\\ ' J . \2) What power has the Mayor to ret'll-e to accept motions'^ (.5) What is the eil'eet of ihe noninclusion of a .^iven work in the annual estimates ? (t) What action the Council can take if ihe .Mayor refuses to accept nxuions 'r (.")) As to the position oi the Tow 11 Clerk"? ANSWERS. (I) The petition in question is not one required by the Municipal Corporations Act and the Regulations under tho M.C. Act touching petitions do not apply. Tho petition in question can only be regarded as an expression of the opinions of the signatories. Tho public meeting also is not a statutory mooting and its resolution likew ise lias no Ijimlinjj; i'orcc. The petition, however, is a notiiiou within the "Council Regulations tor Conduct of Husinoss" and tho proceedings at a mooting oi' the- Council in reference thereto should liko other business be conducted in accordance with those regulations. C>) The Mayor may refuse to receive a motion to do anything contrary to law or that contravenes tho Council's regulations for tho conduct of its business. Tho regulations of some councils empower tho Mayor or other chairman to refuse to accept a motion on extraordinary business unless notice of such motion has boon previously given. U^ is generally made tho judge of what is extraordinary business. 1 would suggest that councillors give previous notices of any motions touching tho subject in dispute. <:J) The estimate made under sec- I tion 97 M.C. Acf does not in my opinion tie tho hands of the Council as to the works to be undertaken, though the non-inclusion therein of ! any given work would furnish an argument at the Council table against resolving to do such work. If a borough is divided into wards, and a special order has been made not sooner than three calendar months before the making of tire rates directi ing any given work to be done, it should be done before the distribution of tho remainder of tho annual income amongst the wards. See section 100. (\) Tin. 1 councillors must obey tho ruling of the chair, but .save in cases where they are required by law or by mandamus or other Court proceedings to pass any given resolution or the proposal is an illegal one, they may of course please themselves as to how they will vote and what proposals put at meetings they will carry. Outside of tho above matters their conduct at meetings is a matter purely as between themselves and their constituents. (o) Save where a statute (Jovernor's Regulation or Council by-law or regulation directly imposes some duty upon tho Town Clerk he should act in accordance with resolutions duly passed by tho Council. The Council is the supreme authority. Tho Mayor can give a valid direction contrary to the resolutions of the Council only when he is by statute or otherwise expressly empowered to act alone. In view, however, of section 71. I am of opinion that ho would bo justiiied in refusing to accept a motion to close the offices. I have since received the Town Clerk's letter of 24th inst.. and the Hook of Rules. Rule 22 under the heading "Order, etc.. of Debate" reads : — "Tho Mayor or Chairman shall decide on all points of order or practice without discussing or commenting on the same, and his decision in all caso> «>haU be final." The following question is wiiilou under this Rule, for answer by me : — "Does this Rule give the Mayor power to refuse motions regularly proposed and seconded;-'" Answer: Subject as mentioned in the above opinion 1 am clear that it does not give the Mayor this power. The rule merely states tho usual practice at meetings of every kind of public or other body, with the additional diroctioTi that the chairman is not to discuss or comment on tho points of order or practice. Hut as .-tared above the ruling of the chair, whether considered by the meeting to lie right or wrong must always bo obeyed. „r 1 had already dealt in the above . opinion with the question of the ostiI mates and have now nothing further to add. I am later in receipt of the Town Clerk's further loiter dated 2/) th. I n face of the Council's resolution I 111 ihe Sth Novenibor las', that the

work lie dune by contract, ihe Works Committee cannot do the work by ihe Horouyh slaf!'. II lenders were invited and none came in this would no I (ipeiate to icsciiul ihe resolution that the work be done, by contract as the Council could a^aiu invite tenders. I do not consider thai the Works Committee has power to stop a work already authorised by the Council (unless such a power has been friveu to it by the Council). This would be acting against a resolution i>f the Council. The lojral position oi the Mayor hasbeen already dealt with. The Borough Treasurer cannot pay accounts passed only by the Mayor. Moneys cannot lie drawn out of the bank except by authority nl' the Council section '):}. Tho following wire has since, been received by me t'rom the Town Clerk : "Omitted mention that about 200 people were present at public nieetiujj;; over 100 voted tor abandoning work and \ ory lew against. Last petition contained •")<>s signatures. When expect opinion; reply collect." l'n reply it will be seen above that I do not consider the proceedings of tlie public meeting or the petition binding in law upon tho Council. The action of the councillors in regard to the matters dealt with by the public meeting and the petition is purely a matter between them and their constituents. 2ihh January. 15)08. Tli.- Mayor Ji.-.s s.-.-n niv ibis iiu.ruiii'j;. Lie .stales iliac the only business rehitinp, lo the re-grading of High street on the order paper at tho ordinary meeting was the accept- ' anee of tenders and that no tenders .were received. In my opinion, therefore, no member had a- legal right to move at thai mooting in relation to the High street re-grading. The petition that came in could at that mooting be only "received."' Soo Council Regulations -14-19. A resolution to receive a petition does not ot' course in any way endorse ihe views of the petitioners. Of course section 03 applies to a committee as well as to the Mayor. Notwithstanding that a work has been authorised, all payments in respect of it- must be passed by the Council it-elf. T. V. MARTIN. Coun-el to tho M.A.I".