THE CITY SURVEYORSHIP.

Press, Volume LIII, Issue 9522, 15 September 1896, Page 6

THE CITY SURVEYORSHIP.

DISCUSSION IX THE COUNCIL. At the meetii.g of the City Council last night the following letter was rend from the City B'irvevor :— • r To his Worship the Mayor nod City Couneil,—tU'!itl.ii*.--.'»—As a great eontroA'er.sy -.ems to he now going on as to whether 1 should he removed from the position of City .Surveyor. 1 be;.- to say with all due respect that 1 think that I have the right to have n voice in the matter. I maintain tli at my services now are more, valuable to the city than at any period of my service, owing to my increased knowlodge and greater experience. 1 am unaAvai*e of tlie reason that is urged for my cli.n-i.--nl, con'-f'iiu-nUy I would like to ask if there i.*i any fault to I'ml witli the very various de-oi I»*1 i">is of work which i have been called -.p'>n to execute during my term of o'*:'-.. The only re..«on voueh'-afed io mc i=* that I anno longer voun;-. and that a more active man .iuiuhfbe put iii my ] h-.ee. [f the Council in ils ivi-doni ha*-, ariived at, th. ueei.ion that it is no longer desirable to retain my service.*. l I would like to suggest that I should receive the p. mo con -deration that my predecessors in the service of the Council have done, viz., one month's pay for every year of Service. la* ould also jioint ont that when 1 entered the service ot* tlie Council twentytwo years ago 1 \v e n -_d to serve them for £300 per annum. .Ahout eight years ago my salary Avas reduced to C 250 per annum without my being consulted or even informed that it was going to he (lone, ami owing to great depression that prevailed at the time, when everyone avus .uIU-ring. I felt unwilling to murmur at ths reduction, although I considered it, and do still consider it, a breach of contract. 1 therefore think that short deficiency of salary should be made up to nif-. I would like to point out that in all other cities of New Zealand tho City Surveyors have been paid more than double .vlial \ have received, and, in addition, furnished witli every appliance to enable them to do the Avork.—Yours, _*c, C. .V.*r,ia>fi*%."

Cr. Guav njoA-cd, pursuant to notice— •'That, Avith a view to a more definite arrangement being made in regard to the matter, the following resolution at present standing upon minutes of this Council is hereby rescinded : —' That, in the opinion of this Council,*it is desirable that in caso of death of employees of tlie Counoil over three years' standing a sum not exceeding one month's pay for each year's service be granted to the Avidow or children, if any, of such employees.' " Cr. Soi-KN'SE*. seconded the motion, Avhich was carried.

On Cr. Gray's notice of motion being called on as folloAvs :—"That the resolution terminating the City Surveyor's engagement and his appointment as Consulting Engineer, at a salary of £150 per annum, be rescinded," he asked leave to move it in the following form :—" That the Surveyor's appointment as Consulting Engineer to the Council at £150 per annum be rescinded." They had had the benefit of an expression of public opinion on the subject, and they also had had time to think the matter over. Therefore he thought it would be Aviser for them to pass the motion rescinding what had been done. Cr. Sam.__s seconded the motion. The Mayor said that this Avould be the proper time to have a le*ter from the solicitors of the Council, Avhich had come in, read to the Council. The letter came just hefore the last meeting, and he was not aAvare that it was there. Had he done so the opinion would have been handed to the Joint Committee.

Cr. Gray asked on Avhat authority was the opinion supplied ? Who had asked the solicitor to advise upon the matter of the position of the City Surveyor ? The Town Clerk read a letter from himself to the solicitor, stating that the Council proposed to vote £500 to the City Surveyor on account of his loss of office through being, retired owing to old ago, and asking Avhether the Council Avould be within its rights. To that memo, tho City Solicitor had replied. • Mr Sandstein suggested that the opinion should not be read to the Council, but referred to the Joint Committee.

The Mayor said the letter was one Avhich had been sent to the Council, and it was for the Council. Hence he should rule that it must be read.

The opinion was then read as under:— "The Town Clerk, Christchurch.

"Dear Sir, —Referring fn your memo., dated 22nd August, 1896, in Avhich we are asked to advise Avhether the Council has power to vote £500 to the City Surveyor for compensation for los 3of office, he being about to be retired on account of old age after many years' service. ".The rule Avith respect to non-commercial corporations is that in the absence of legislative authority they cannot grant gratuities to servants ; their assets are held in trust for specific purposes, and they cannot pledge or part Avith them except for a consideration, or under circumstances from which the trust receives, no benefit. A gratuity to a Clerk out of the rates has been held to be improper. (Exparte Mellish, 8, L.T., N.S., 47.) So lias the grant of an annuity by a municipal corporation to a retiring official. (Crofton aud Mayor of Dublin, 4, Ir. L.R., 480.) But those were cases of mere gratuities, and there was no suggestion in either case that there was anything in the terms of the contract or the conditions under Avhich it had been performed part-king of the nature of a contract or a promise that the gratuity in one case or the annuity in tlie other should follow as part of the consideration for the service.

" In the case before us there is no pretence of legislative authority for voting a mere gratuity, and if, therefore, the proposed A*ote is a gratuity the Council has no power to grant it. But the question arises, is it a gratuity ? Mr Walkden was ■ good enough to call upon us and state the facts upon which he bases his claim to n retiring alloAvance, and it is CA-idont from Avhat he says and the documents he appeals to that he claims it as a right; possibly not. a legal right which he. can establish in a Court "of laAv, but resting rather upon an alleged honourable understanding between himself and the Council as constituted from time to time during the last twenty-two years. He says he eittei*ed the CouuciVs service in July, 1874, as City .Surveyor and Engineer at a yearly salary of i."300 per annum, Avhich about eight years ago was reduced to £250 per annum, not for any fault of his, but oecause the city finances av*ere thought to demand retrenchment all round. He says he was induced to accept and continue in the service of your Council at the salary before mentioned by an understanding which Avas always treated as subsisting between himself and the Council, that in case of his death or retirement sifter three years' ser\*ice, he, or his family, as tho case might be, would receive a sum equivalent to one month's salary for each year's service ; and that he regarded this arrangement as a sort of compukory insurance Avith the Council for the benefit of himself or family, accordi*i <T as he i .tired from the service or died. There appeal, to be no question that Mr Walkden is a man of good attainments and much experience in his profession, or that he has rendered valualtle service to the city, or that his remuneration has been exceptionally small. This last statement is supported by the allegation that the City Surveyors of Wellington, Auckland and Dunedin receive very much larger salaries than Mr Walkden. " From copies of the C_un.il-* records furnished by you it appears that on November 22nd,"1875. the Council resolved ' That a sum equivalent to one month's salary for each year's service of the late Town Clerk (Mr' Ceo. Gordon) fourteen years in all, be paid to Mrs Gordon for the

! benefit of herself and family,' and a sum of ! £300 Avas paid pursuant to this resolution. | "In the year 1876 the question of the ric.it. to death alloAVßnce a. as formally raised and discussed, and on the 11th September, 1876, it was unanimously resolved, ' That in the opinion of this Council it is desirable that in ease of death of employees of the Council of over three years' standing a sum not exceeding one month's pay for each year's service should be granted to the widow or children of any such employee.' In November, 1880, Mr F. Tribe, the Rale Collector, retired, when it was unanimously resolved, 'That oue month's pay for each year's service with the City Council be paid io Mr Tribe oil his leaving its service,' and a '.urn of £241 lis 5d Ai*as paid in pursuance of such resolution.

"We are instructed that several of the gentlemen avlio luia-c served on the Council during the time Mr Walkden has held office state that they always understood it to be a term of his employment that on retirement or death he a. ould receive a month's salary for each year's service.

" From a. hat we have already said it .vill be seen that the Avhole question turns on whether the proposed vote is a mere gratuity or can be shown to be due to Mr Walkden in pursuance of any agreement or promise, on the faith of which he has served. And, moreover, that there is some evidence to support Mr Wall-deii*. statement that- he h.*<!-* served on the faith of such an agreement. And in this connection we may staler that in order to justify the Council in giving ell'ect to such an undertaking it is not necessary that it should amount to a legal obligation, the existence of an honourable understanding between the Council and Mr Walk den will be sufficient. " We are of opinion that the Council had better investigate the circumstance, and determine what the facts really are. If on c.Kiuiry it turn**, out that previous Councils luTve given Mr Walkden reasonable ground for believing that his services AVotild be i*uwarded by an allowance to himself on retirement, or to his family in case of death, and that he was induced "to serve and has served under tlie belief that he Avonld get it, then our opinion is that the Council has the power, and it is its duty, to carry out the arrangement. Although .vithholding from it the power of giving gratuities and making presents out of the city funds, the law does not require the Council to be less honest than other people in fulfilling its OA.n engagements or those of previous Councils. " We have the the honour to be your obetlient servants, " C'AltafCK, COAV-TSHAW, AXD FXSHKR. " Christchurch, August 31st, 1896." The motion avjis then put and carried. Cr. Gi'iAV then moved — " That the opinion of the City Solicitor, the letter of the City Surveyor, and the letter of the Auditor-General l>e. referred to the Joint Committee." The statement to the City Solicitor, it must be remembered, was very one-sided. Dealing with the question of dates Mr Walkden a. as stated to have said that he entered the service of the Council on the understanding of the resolution re gratuity in case of death, but that was wrong as Mr Walkden had entered the service of the Council tAventy-three years ago, Avhiist the resolution was only passed tAA-enty years ago. Then, also, Mr Walkden referred to his salary being reduced to £250, hut it must be remembered that he had had £400 per annum for some time. Cr. CoorEß seconded the motion. Cr. Pavmng said he thought that it Avas time something definite 1 Avas done. He moA'cd as an amendment—" That the City Surveyor be granted eighteen months' leave of absence on full pay from October Ist. "

Cr. Saxdstein seconded the amendment on the understanding that at the end of the eighteen months the Surveyor would understand that his services would no longer be required. At the present time they had no pressing Avork to undertake in the city so that there was no necessity for them to appoint a neAV man, hence the ratepayers would' be spared the double expense. He thought the public Avould agree that a man avlio had served the city so well and discharged the duties of his office with ability shonld receiVe the amount which he (Cr. Sandstein) had mentioned.

Cr. Kincaid said he should support the amendment, as he thought it was only a fair thing, and one Avhich the citizens as a Avhole Avould approA'e.

Cr. Sorensen should also support the amendment.

Cr. Smith sail that he still held the opinion that the matter should go back to the Committee, because the ratepayers, he felt, would be more satisfied if a recommendation came from a strong Committee to the Council. (Applause.) Besides, he wanted to see that the Council was quite sure of its ground before they moved. Even if the report of the Committee went to the same extent as that of the amendment it Avould come far better after the report of a strong Committee. Cr. Stapleton would support the resolution of Cr. Gray.

Cr. Wood said that in honour the Council Avas bound under the circumstances to carry out the resolution of the former Council, and he should vote for the amendment.

Cr. Gray said, in speaking against the amendment, it must not be forgotten that the opinion of the City Solicitor had been formed on an ex parte statement. He saw no reason whate.-er why Mr Walkden should be treated differently to any other officer in the service of the (jouncil. If the matter was referred to the Committee he would be prepared to have voted for £100 a year or so as a retaining fee to Mr Walkden, but he did not think they ought to vote this money.

Cr. Sam _ els said he would oppose the amendment.

Cr. Cooper should also oppose the amendment. He was quite prepared to treat the Surveyor justly, but he would point out that the Surveyor had been receiA-ing in round numbers £338 per annum. Besides, the Council must remember that they would be establishing a precedent which might coßt the ratepayers of Christchurch some thousands of pounds. The amendment was then put and carried on a/li vision. Ayes—Crs. Woods, Stewart, AndreAvs, Sandstein, Appleby, Loughnan, Sorensen, Kincaid and Payling. Noes—Crs. Gray, Prudhoe, Samuels, Stapleton, Cooper and Smith.

The amendment was put as a substantive motion and carried, Cr. Gray recording his protest against it, the numbers, on division, being as before—9 for and 6 against.