THE POUNDKEEPER.

Bay of Plenty Times, Volume XXXIX, Issue 5568, 26 October 1910, Page 2

THE POUNDKEEPER.

CHALLENGE FKOM ME. D. HALL.

TEMPORARY A PrOINTMUNT.

A special meeting of the Boroiigh Council was' liold on Monday even-

ing to open and deal with applications for tho position of poundkeoper and, ranger. I'resent : His Worship tho Mayor, Mr J. Bull (in the chair), Crs. G. A. Brabant, A. ]•'. 'Huniis, J. Toomath and R. J. Al--l9ly.

Only one application was received, viz., from Mr D. Hall.

Cr. Tunks said, ho wished to see the minute of the last'meeting- re the instructions given to the Impounding Committee.

The Mayor retwl the minute ehow- [ ing that a resolution! was passed to give notice to the- poundkeeper, mul to call applications for the position. Cr. Tunks said h.- understood there wwo instructions given by the Council to the Impounding- Committee to innkii a temporary appointment, pending a j»ermanout appointment being made. The Mayor, Crs. Alloly and Toomath said such was this case. Mit the Mayor stated that a motion to that effect was not in the minutes. Cr. Tunks said the Impounding Committee had appointed Sir Salmon as temporary poundkeeper. This appointment should have been advertised. He (Cr. Tunks) had drawn up na advertisement, and handed 'it to Cr. Duncanson, aud he wanted to know why it had not been inserted. The Assistant Clerk stated that Cr. Duncanson. came to the Council Chambers with the advertisement., and after talking the matter over, Mr Sharp being V'e-sent, took the advertisement away again.

Cr. Tunks expressed tho opinion that Cr. Duncanson ought to have obeyed Uie instruction of the Council and the Impounding Committee in tho " matter. Jle had evidently allowed himself to be talked down. The temporary appointment had been properly made by the Impounding Committee, as instructed, audit should lie advertised. The Mayor said Cr. Dunoanson was evidently responsible for the non-m section of the advertisement, and said Ihcy would have to. wait for an .explanation until he was present. Cr. Tuuks said he saw by the paper that an animal was advertised to be sold by a man who is not poundkeeper any longer. A temporary appointment had been made. Ji, his opinion such appointment should be advertised at once, and made effectivu ( and would hoid ijooil until a permanent appointment had been made. Cr. Allely asked if Ihe late poundkeeper had giwn up tho keys an;l books. The Assistant Clerk answered in

the negative. The Chairman as,kod Mi- D. Hall if he had anything to say in the matter.

Mr Hall staled ho had been appointed cattle and dog registrar, etc., for the year 1910. He was a yearly .servant and was entitled to *" six months' notice. The notice of dismissal only referred to his position of poundkeeper, and he was still ranger. Cr. Brabant considered that the police shixuld be requested to take action with a \-ic\v to the Council securing delivery o f the books and '-eys of the pound. Tho Chairman stated that according to 'the minutes of a certain meeting' ,\lr Hall's appointment vas terminable at a week's notice. Mr Hall asked if he could reply r<> certain remarks made by <_"r. Al-h'-iy at the previous meeting, but the Chairman ruled that he could not. The Mayor then read an opinion from Mr Sharp referring'to the mm,- , utes appointing poundkeeper. Mr Sharp said it. appears the poundkeeper was appointed pounukeeper and ranger at a yearly salary, but subject to a month's notice. Tho notice given only refers to his position as poundkeci;>er. Mr Sharp Vaid he thought it would be better \ o give him a month's notice terminating both oiliees. Cr. Brabant said if it were* reeessary to give the pouudkeeper six months' salary ''in lieu of 'notice, the Council could do so. Cr. A Italy concurred. The Mayor read an old minute bearing on the ap.pointm-.jiit cf pc u.ialkoeper, showing that one month's notice on ehjier skle shou]d tcpn:nato the appointment. Cr, Toomath expressed surprise at the remarks that had Ulkn from Cr. Tunks, and considered that the Council's instructions oujjht to Ik' carrie<l out. ]f the retiring! poundkeeper had a grievance against the Council he had his civil, remejy. Cr. Tunks thought that the temporary appointment should be adlortisod, ajid that the J.A.,roiiL;h Bolicitor should servo lepal notice .m the poiindkeepcr and raiv^r to tieliver "up the books, etc. and that lie be bold responsible for any d una^e I'.or.e to the pound. With tlva consent of the other mcniljjrs of ipc i m) ounrti|lg Cpmnii.Uee hj( liad asked Mr hbarp to give such noti': o to the late poundkevper. He a'so contended that the notice insertr-l i n i.i-n. Paper should have been signed l-y the temporary poundUw;),'!-. The Mayor sakl ho had n> feeling aguihst Mr Hall, : .n;i was prepared to vote that ho receive three months' salary in lieu of notice ol discharge from all his oll:ees. Cr. 'l\inks said 11._• poun.lluvper was alpeatly dismissed, but \\y> matter of a bor.'is Vo,u.!d i ; e brought up at the nest meeting. Cr. Urabant thought that lh: : police should be requested t c , scuir. the return of tho books, etc: Tlie Mayor usTa-U Mr iiaU if h» was pivparod to return 1 hi. books on the following day. Mr Hall said he would do so if the Council paid him. to the i-nd of the year. The Mayor moved—That Mr Hall's >)pp|ii.ntjt>n; for the positi,,n of I iiiin-J----kecper be not entertain..-.!. -Seceded by Cr. Toomath and carried. Cr. 'Junks moved—That the temporary appointment of .Ja-.ne.s •Salmon- as pouutlkocjier ~ml rargei for the Borough of riuian-a !.<.-cuil(irmeti. rliie Mayor said the present meeting could not deal with the nvition. but. the Impountling Committee wojiild require to advprliso immediately that Mr.Salmon had superseded Mr Hal! as poun, Ikeeper. j Another opinion was r-a a d ir«.,a Mr Hhai:p, of a prior date to Hi.- t -ne already ivur;e<l to abnve. Mr Sharp said the pounrikei>pcr is an in iei><-n----dcot public olllcer, and not a servant of the Corporation ; his lut.le.s l^iv jjlaiuioj-y. ffi> caul-,?. app.ilnu'.l. wuspen led, c r removed at a:iy time, action 2i», fmpoMnding Act. 11, luwevcr, he is appointed at a yearly salary he would. Mr Shjrp thought, be entitled to reasonable notice (.><•- miiwtiiiir at Uie end of a yearly lK'i:iod, u r damages, in \\<-m of „.>- ---tu v( Uiiless misc o n<hKt. in tl t o | K ,,-f,,,., malice of n»s statutory duties can |.c shown. M,« Sharp stated h 2 thought the iJoundkeeper is tntitled to keep his own books, and he did not ihink they belong to the Borough. One r.f his dutieti is i. o pi.,,v|.i e and ke-p books. '1-hcre is uot-hing to show that the Borough iias to provide more than a iJound and necessary aefvaimgUatiuu. Onc<. tlty pguuOii^^

« removed |,y pul^iT^^^s aharp thought t»iw o is £** h cannot It&uy perlorm . "oub^. duties of l'ouna kW p,r rtn< i\ o 1)f l!t givo up possession WI v "Q iau. H Potmdkeep,,- ib tiu J* *»*»*. V to receivo aiu/nalt, ut x£> ? Sdt^ iwccu sunsvlami yuin-ise , "Ul^ r'»in a *u,,,evvh ul uillt : r "***** iion, l/.-jjijs'aben tt iu 0 ,- .I" 1 and subject i o v. uWr Cy^ r*U must, Mv sharp lllmiiß °™£'- . * lus msiructjoJis, ami it h * ? "<« do so it « ouW be ago^ UUls■■«.= nowovor, that he cunnot jLJ! 0"0*'. t^n sunset, aud suj, JT° Ua* !»*- ---positions are confined ahrt v l6e eiiher of h,s auLio, vvo^^of thought, jusniy dismia^'^ MS -«>vat lie said it^Sj*. sontial to ascertain tho^^lo^ ifinal appointment befor °fu)s '- wnh the question unl^ ° dc*H mitteo ai>o prepared t 0 r=sk Com" lion. The question o f wto^J n .*c poundkwper has beea guUtv^, lhl! conduct suUU-ient to jusufv v *"'*• missal is one that requiri'- ■"* consideration. v °«>L'ul Jn replM tv aTjuestion ♦>. tain Clerk blli( , tho IWcU Jf* the pound books. : ; p *ia?or Cr. Brabant said th e i wle , kwpor adnulted his diwrisi l> Plying lor Uie position. bl^ Cr. 'lluihvs reierrwl to a com tlon in regard to Uio tvdlnf VOfSawith '•ofvrencetothea 1 2SUWU10nt iho tcuporury poS lo( Clerk, and the speaker wwJ.-^* 11 and said if ] W (Cr.^2^ beencallalaw^to^coL^r ed onth^atepounaCftl: production of the books, etc lh ' Alt- JJall said he WO uW iut- erihis logal adviser aud it that the books iWuift Hall) would return them. £ lJ r. not wislx to place.any. obrtaV tho Council's way as ho wolS S, * tho Council table hi m^ir S ,? 1 next election. After war( l s Mr . * said ho would deliver thoW. " the person wh om tho CowSflj! send tor them. **QU,d Cr 'J\mk s thought tho -books clr *ouhl be handed , n to the i£ Mi- Hall th«i stated ho. wt)uMh«ri y placed the key of the poundS table. He said he would give ~! U«j books the following *,WJ

The Mayor said he would giv emh lice of motion for next meeting fhat air Hall receive threc^T pay and notice to terminate nil hi. engagements. '

In answer to a question ifa Assistaut Clerk explained that tho oifa ■■it janitor was combined \vith| that ol inspector of nuisances.

Before leaving the Council"' CW bora Mr Hall challenged! any one cf the councillors .present tw resign and contest a seat on tho Council with lu'in.