BOROUGH COUNCIL SUPPLIES.

Bush Advocate, Volume XXII, Issue 16, 20 January 1910, Page 8

BOROUGH COUNCIL SUPPLIES.

A LEGAL QUESTION

RESIGNATION OF OR. J. P. THOMSON. At last night's meeting of the Napier Borough Council (says the Herald) a question arose as to the legality of a councillor supplying goods to the council to a value above the amount specified by the Municipal Corporation Act, 1908. The Audit Office having examined the balance-sheet and accompanying accounts prepared as in accordance with the provisions of the Municipal Corporations Act, 1908, certified to the correctness thereof, subject to the exception that payments for supplies were made to Mr J. P. Thomson to the amount of £3l 4s Sd, which exceeded the maximum prescribed by section 42 (h) of the Act, and included three payments, each of which exceeded the maximum prescribed for anv one payment. Cr. J. P. Thomson wrote as follows:—"As I find that under section 42 of the Municipal Corporations Act, 1908, I have become disqualified owing to having supplied goods to the council,. I hereby tender my resignation as a member of the council. I would thank his Worship and my fellow-councillors for their kindness during my term of office, arid yourself and the corporation staff for assistance in carrying out my duties." Cr. Eagleton said he would like to know if the goods supplied by Cr. Thomson had been supplied on requisition from the Council. The Town Clerk replied in the affirmative. He explained, however, that one sum of £8 lis 6d went back to October, 1907, and was not paid till April, 1908, and therefore came into the balance-sheet for 1909. With regard to that item, therefore, the Auditor-General was quite correct. As to some other small accounts, they had simply been overlooked. Cr. A. J. Williams said that supplies for the baths ha*d been obtained from Cr. Thomson, and the requisitions sent in afterwards. _ There would be some tiling rotten in the State of Denmark if councillors who gave their time and attention to municipal affairs could not get any little pickings that were going. Cr. W. ,LM'Grath: I hope the reporters will take a note of that—"pickings." - Cr. Eagleton thought the provision of the law under which Cr. Thomson had found it necessary to resign was absurd and nonsensical. There was no earthly reason why a councillor should be prevented from tendeirng for the supply of goods to the council, nor why his tender should not be accepted, if it was the lowest. He moved that the resignation be accepted with regret, there being no other course open to the council. The Mayor said that, as the matter had cropped up, he thought the Town Clerk should, in the meantime, be authorised to refuse to allow any councillor to supply the council with anything at all. It was a question open to a lot of argument. For instance, the firm with which he was connected could legally supply goods to the council and so could Cr. Nelson's firm, while members carrying on private business could not do so. Cr W. Plowman did not desire to say anything about the legal aspect of the question, but he wished to express regret that the council had, for the time being, lost the valuable services of Cr Thomson. The Mayor said that Cr Thomson had told him in conversation that he could, not take up any other position. Cr W. J. M'Grath said he could not agree with what Cr Eagleton had said, because, if councillors were allowed to supply goods to the council without check, there was no knowing what abuses it might lead to. He did not think it was right for any councillor to supply anything to the council. The Mayor repeated that, in his opinion, if any councillor was debarred from supplying goods, all should be placed on the same footing . The motion was carried, the Town Clerk stating that the council could not do otherwise than accept Cr Thomson's resignation.