THE CITY COUNCIL & ITS SURVEYOR.

Nelson Evening Mail, Volume XLII, Issue XLII, 18 May 1907, Page 2

THE CITY COUNCIL & ITS SURVEYOR.

SERVICES DISPENSED WITH. AN INQI HIV REFUSED. PROPOSED REORGANISATION OF DEPARTMhNTS. At the meeting of the City Council last evening, the following letter from Mr J. Henderson, City Surveyor, was read : — Nelscn, May 16, 18G7. "Gentlemen, — I saw in last night's •E\ening Mail' that his Worship the Mayor had given notice of motion that I be given three months' notice of the teimination of mv agreement with lluCouncil, and that three months' leave of absence Oe given me on full pay. 1 beg to point out that I have been in the euploy of the- Council of the City of Nelson for (ive years, and that during that time 1 have always done my duty, and that there is not so far as I know ;-ny reason for terminating my agreement. If my service:, are dispensed with in the manner proposed and without letting me know the reasons, and without giving me an opportunity of replying to such reasons (if any), it will be highly unfair to me, and is likely to do me much harm as a professional man, and will make it difficult ! for mc to obtain another position. I beg t*) further point out that several charges have been made against me in respect of my duties a*; City Surveyor, and tihat in every case, after a full inquiry has been made, I have been exerated. The majority of the members of the Council are new members, and cannot have sufficient knowledge of the facts of the matters that have been brought against me to be able to judge whether they are true or not, and I respectfully submit that before you, gentlemen, go to the extent of dispensing with my services, that you should let me know the reasons, and cause a full inquiiy to be made before all of you into the manner iv which I have performed my duties as City Surveyor, and that you should give me ai opportunity of replying. And I respcetfullv ask you as gentlemen of honour and as the representatives of the citizens to give me fair play, which 1 have the right to expect from you, and them, and forthwith to make the inquiry which I suggest." There was applause from the auditorium at the conclusion of the reading of the letter. Cr Grace moved that the letter be taken with the Mayor's notice of motion in reference to the termination of the City Surveyor's agreement. Cr Franklyn seconded. Cr Hampson rose to move an amendment, when the Mayor asked him to defer his amendment until the notice of n* ution came on, as it would save having two discussions. Cr Hampson said he could not accept the Mayor's suggestion. (Applause.) He moved as an amendment : "That the City Surveyor's request for a public inquiry be granted, and that a i Hoard of Investigation be set up c.,*.*i- | sisting of a representative appointed by j the City Council, a representative ap- ' pointed by the City Surveyor, these two |ti appoint a third, who togethor shell I liave all the powers of a Court of Arl.-i- --. tration to subpoena witnesses and i take evidence as to the general admini - tration and conduct of the City Ki>r- ] \cyor during his term of office, aud to 'submit their findings and recommendations if any to tiiis Council at as early a date as possible. The proceedings to | : be public or in camera at. the discreti* v j ,of the representatives, and that either 7v both the City Council and Survey-r i may be represented by counsel should 1 they so desire. That during the invest i- . gation and until the Coint shall bring in its findings tbe City Survivor lie relieved from office with full pay for such period.'' (Applause). I The Mayor requested those in the auditorium to keep quiet— they didn't .want a pandemonium there. ' Cr Hampson said be brought his amendment forward in what he considei.'d righteousness and for the. honour lof the city of Nelson. The action proI posed was unworthy, especially for a ! young Council. The issues at stake to j the City Surveyor were of a j momentous character. To kick out I a man on the terms proposed j was totally unworthy, even if it | was within llie rights of the Council.The City Surveyor came to Nelson with tlie veiy highest' credentials — he had t s* rved other corporations with distinction and had a high reputation. That I reputation had been assailed at- street corners and in the Council, but on * every public charge the City Surveyor had been exonerated. An impartial tiibunal should conduct an inquiry and should say whether the City Surveyor had been true to his trust. Cr Hampson said all he wished was fair play between a man and the Council. (Ap.) , The City Surveyor's management of the ' gasworks had beon Questioned, but an expert, a high authority — who had been ' called in. commended what had been j done by the City Surveyor. The Oily Surveyor was a Pooh Bah — he had to be gas manager, surveyor of roads. • builder of bridges, architect of build- I ings. ar.d on top of that he was given j the drainage works. Mr Mestayer had I been thoroughly satisfied with the City ■ Surveyor's ability in regard to the j drr.inng*- works. Personal animus should not play any part, but the inquiry should be fair and square, ami the finding should be acted upon by the Council. (Crs. : Hear, hear.) A member of the Council, on his return from Sydney, had said that he heard very high opinions expressed as to Mr Henderson's ability (Ci*. Lightband : Hear, hear.) i 'r. Hampson had heard things said which if true should put the offi--ler within four walls. (Applause.) If the things said were not true, then tliose who said them should be within four walls. (Applause.) The Mayor commanded order in tb? auditorium. , Cr. Hainpsoii. continuing, said that if th" Council dismissed a public servant "nder such conditions as proposed it would be shameful, and the City Surveyor having appealed in a manly w-ay fr.r an impartial inquiry that should be granted. The Mayor and certain Councillors had hinted — had asserted — ■that when by a majority of 24 the Mavoi was returned the dismissal of the ' ' i t v Surveyor was a question al stake, •t was noi so. The Council wes sent in to do nubt for the city, but* not at the expense of an individual's character. Cr. Hampson said his amt-nd-oient pi ovided an honourable settlenent of the whole question. It had '»ceo 1 1 lit li ftill.v nointed out in tb^ |u,blii press (bat ibe Council would never ijt-t a mail with a reputation if it treaierl nu oflicer in the manner proposed. (Applause.) C'r. Risley had pleasure in seconding the amendment, and it was a matter that *was not dobateable. No man with a conscience could lift otherwise than grant the City Surveyor's request. The new Councillors knew nothing of the charges against the City Surveyor, but j they had read that tho charges had been dismissed. The young ©ouncillors were asked to cast their judgment on a matter they did not understand, and that was nlacing the Councillors in an unfair position. (Applause.) Cr. Grace said the Council must consider the application from an official point of view. The Council had nothing to do with charges made outside the Council. Charges had been j mr -«? •*" tlle P as * a "d inquiries held, but it was not quite true that the City 1 Surveyor had been always acquitted. , He stated that one Committee of In- , quiry had found that the City Sur- \ yeyor had not carried out instructions ( in regard to the purchase of some ] goods. But those charges had all j been buried, and there were now no charges against the City Surveyor. f Therforc it was "outside the Council's . jurisdiction to .consider any charges made in the street. The City 'Surveyor's j remedy against charges made in the street was to go to the Magistrate. s (The Mayor: Hear, hear.) If the City t Surveyor' had too many duties he v should have asked to be relieved from somo of them. It wa» well enough known that latterly the City Surveyor had not carried out his duties as he should have done, particularly in cr,n- v nection with contract work. Cr. Snodgrass: Which contract? Cr. Grace : The septic tank contract. The Council passed a resolution that ' the plans and specifications be rigidly ndhered to. but they had been departed from in connection with the arches. : * -itr j.

Four members of the late Council who were most earnest in their support of ', the City Surveyor were rejected by tlie i-.-.tcpayers, while Ci-3. Lightlmnd" and ! himself, who had taken a strong stand, had been returned. He felt the publi-; of Nelson expected them to cany out the motion of the Mayor. (Dissent and cries of "Xo" from ths auditorium). To set up a committee as proposed would be to put the burdens cf Councillors upon the shoulders of others. If the Councillors were not capable cf coniing to a decision with regard to any- of their officials, they sl i.uld at once lesigu and appeal to the public (Hear, hear.) Cr. Field spid it seemed to him that mil's, wry careful they would be tacitIv cou'iriiiiiig Ihe ih.-irr.cs made. Tt surely was not "the v ish of the Council t*> confirm the exaggerated stories by doing anything in a hasty manner. Individual Councillors had asked the CitySurveyor to resign, but the City Survey, -find r- iti h:- had done no wrong am; 1 M'rte 1 ;:u inquiry. That was a fair p-siliiei t • take up. (Applause.) Tlu-ir duty war. t ) put an end to the quarrelling that had been going on and to get on with the city business, and an independent inquiry would give finality to the, whole thing. If the Council mado a mistake at all, why not make a mistake on the side of fair play ?• The City Surveyor should bo given a chance to answer accusations that lie-J been made behind his back, and in justice to the Council servants and th- ratepayers the Council could not -jive the City Surveyor anything less than he requested. (Applause.)' T.i Mayor said that Cr. Hampson tv.ic- moved for a Committee (composed r.f opponents cf the Mayor) to innnire into the charges against the City Surveyor. Cr. Hampson did not then ask that an outside inquiry be made. Was Cr. Hampson quite unbiassed? Cr. Field ought to know that the best engineer, in the*world would be criticised outside, bnt tlie Council should take no notice of what was said outside. Th" ratepayers had derided the question :n ihe ballot-box. (Cries of "No" and i!i* r *-:it s*. the auditorium.) Cr. F.-:-.n!:lvn said all would admit that it was 1111 unpleasant bit of busiue***'. before them. He was as willing as ::ny man to give fair play — he had uo p.Aimnq. As it dttwn ho had wal-lu-d .-(fairs and had formed an opiir'.n that something bad 10 be done. It was net the man in the street but tbe Council that should say what was to be done. They were not there as servant:-:. (Dissent.) Before a man was a servant he must be paid. Supposing a Commit! c of three was set up, would it be freer of bias than the Council of nine? The Council was not frightened to deal with any Council matter. If the City Surveyor was exonerated they were no further from a deadlock than before. An executive official was at loggerheads with the Council's executive representative, and there should be an alteration. Cr Robertson said he wouid oppcre thi! amendment, on th? grounds of economy. The City Purveyor had not studied the interests cf the ratepayers. and no Councillor, n?w or old, ce.uid say he had. Cr Robersoii in.- tainted the extras at the dam in support of lis contention. Cr Suodgras*. said the dam centra- t was a uood deal written and talked about, but it seemed nov.* that the City Surveyor was quite right in what he bad done there. Since he hod been in the Council he had seen that the City Surveyor was a good man for the position, tliough he had gone into the Council with an open mind. The fact ! that the City Surveyor was relieved of ibis duties as drainage engineer was a proof that the Council considered th" I official bad too mm-li to do. It bad I been shown tbat the work at the si-ptic : tank had been satisfactorily done, The ! Clerk of Works had told him that 'day that the work was very satisfactorily done. That was said by a man who |had been in antagonism to the City Sin veyor. The Mayor said Cr Su.ulgrass had ' uo right t.i say that, I Cr Snodgrass said that Councillors j wanted information, and that they did . not liave. Because the Mayor could not ' agree with the City Surveyor he sought 1 1 dismiss him, which was too drastic altogether. (Applause). If anything was pro .-cd against the City Surveyor he would be one to get rid of him. But I h. wanted proof first. I The Mayor, replying to Cr Sncd- ■ grass, said he had never quarrelled with the City Surveyor — (loud laughter) — but , the City Surveyor had not beon loyal to the Council, (Appinr.se). ' Cr Lightband said lv would oppore .tlio amendment, as the Council should 'settle the whole matter. He had been disappointed with the C'iy Surveyor, v. ho, he had thought would be a buffer for the Council between the contractor atid the Council. He had fallen ont . with the City Surveyor in connection with the Normanby Bridge, whi -h should 1 not have been allcv.ed to remain in such a rotate for such a time. It was a t disgrace to any engineer to make plans without inspecting iho uiiuVrstruetur.**.. I Cr Bisley asked the Mayor if he would J allow tho City Surveyor t-o make an cx- ] plenation on the different charge? Ibi ought against him (Lond applause). ! '1 he Mayor said he would not — explaI nations had been made. , The amendment was put and lest cr. jthe following division 7 Ayes (4) Cis_ jjfiekl, Snodgrass, Bisley, Hamp**:*;****.. iNoes (6) : Crs Lightband, Robertson. Firnklyn, McConchie, draco, and (ie Mayor." Cr Hampson .--aid sumo <.r the Cun illors had ei'liicly niisunderstocd hi. nmeiuliiient. He went on to s.iy tiy:-. U.e letter from the City Surveyor he.-J fot been dealt with. The Mayor rul.il Cr Hampson cut f oidei*. Cr Hampson asked for the Mayor's reasons for ruling him out of order! The Mayor : On the grounds that the letter has been tiealt with. Ci* K-i-anklyn said that in common fairness he must point out that the City [Suiveyor's letter had not been dealt with. (Loud applauss). Cr Bisley agreed with Cr Franklyn. Cf Orace sai dtlhat as a friend ho had advised the City Surveyor to resign, so that the thing could be done with as little friction as possible. But if there was going to be .i fight he would be there. (Applause). And if personalise** .vere wanted thoy would get persoiiaii lies against Crs and ex-Councillors. (Ci ics of "Name?") Cr Hampson claimed that though in a minority he had a right to endeavour (■. •xv justice done. Cr dace's motion to defer the letit; was carried. Later in the evening the Mayor II oved :— 'That in order to eliWt "administrative reforms conducive to efficiency and economy, the City Surveyor 00 given throe months notice terminating his agreement.; and tbat three months' leave of absence be given him - from date of notice on full pay." The Mayor said he belie\ed the electors had solved the question when they returned himself and rejected those Councillors who were opposed to him. That \vas the highest court of appeal, and the decision had been given in h(s favour at the ballot box. They wore returned with a triantlate for efficiency and econo tyy, and that was the reason for Ihe notice of motion. The streets should br handed over to' a good foreman. The gi-sworks should be handed over to MiHart, who had bee;; in them for 22 jears, aijd who was a really experienced man, and had had charge at various times for long periods, and h.-til carried en successfully. Thty must have .• diainage engineer, and must hai'e a man who would carry out the work in the best manner possible, und expeditiously. He hoped the disciissfon would be short, temperate, and to the point. By carrying his motion, at the end of the year they would be able to showsomething better than had been shown pre\ iously ' 1 Cr Franklyn seconded 'the mitio>> r.i.j ' in doing so said that it was without a v.stige of pleasure. It was an unplea- ' stilt thing the Council had to face, bin ;he Council had been returned to clean up things affecting the c\vi! life of the :ity. (Voices *,' Ko.") The people had Jxpressed dissatisfaction wilh llie old regime, and the Council had to decide what was the best thine; tn do. The

City Surveyor did not show any desire to wcrk harmoniously with the cxecu tive member of the Council, and that being so, who had the Council to look t-> to see th.it the work was carried out? He seconded the motion on the oroad fiiiicipla that efficient and economical administration was desirable. He sawno hope fcr harmony in the future. Cr Snodgrass said the motion meant that the ofKce of City Surveyor was to be abolished. J he Mayer said that was only his re c n mendation, not his motion. Cr Snodgrass said that if the resolution was carried it meant that the office of City Surveyor would be abolished. It would b*J foolish to abolish the office, as a lot of money was to be spent on many works. It was necessary to have a local man for the drainage works. A drainage ergineer would want to consult with a local engineer, and at this uncture it wao very foolish to abolish the office. (Aj.plause). Cr Field agreed that the subject should be approached on broad principles. The City Surveyor should be granted the inquiry he asked for. Considering the views held by the Mayor the motion was a lenient one. But it was a revolutionary proposal, and far too important to be brought upon the Council as a side issue. It should not be sprung upon the ratepayers in such a manner. The Mayor had started at the wrong end. It should first be proposed that the office of City Surveyor be abolished. Because there was dissatisfaction with the supervision in the past, was there to be no supervision in the future? At tho present t>me they could not do away vith the office of City Surveyor — when, thvy had so much work before them ? Was it fair to Mr Hart to ask him to take charge of the gasworks at the present time? The motion contained far too much — there was too much on the side issues. Was the Council going to lay itself open to an action for wrongful dismissal by carrying the Mayor's motion ? He moved as an amendment : — "lhat a Committee of the whole Council be set np to inquire into the administration of the City Surveyor's department, and to inquire into the economy, anil efficiency, or otherwise, of the City Surveyor's administration; to eousulei the advisableness, or otherwise, of putting an end to the present unfortunate state of things between the City Surveyor and the Council; that during the inquiry the City Surveyor be suspended on full pay ; that the Committee teke evidence, and keep -t full record .if srme, and report to the Council." Cr. Bisley seconded the amendment, but thought tho inquiry should be gone on with while the City Surveyor was going on with his work. The Mayor appealed to the Crs. to curtail their speeches. They had all made up their minds and there was no need fnr much talk. Cr. Bisley hoped they had not made up their minds. (Applause.) If they had it was on what had been heard at the street corner, from the Mayor ov Cr. C.race. Had the Mayor during his candidate*.--*! given expression to his statem?ms of that evening neither he nur Crs. Lightband nor Grace would h:iv-' he*"*n there that night. Cr. Hampson entered a protest against the cruel motion. The Mayor requested the withdrawal of the word "cruel.'' Cr. Hampson withdrew, and said tho m.* ; ii.n would entail hardship on a gentleman who had done good worf for^ the city. (Applause.) He referred to Mr Atkinson's favourable report on Mr Henderson's reconstruction of the gasworks. The Mayor had a bias and a grievance. The Mayor: Only a public one. Cr. Hampsjn said he wasr dealing witli the matter publicly. Three years ago the Mayor had a grievance, and if the City Surveyor was wrong be should suffer, but if -the City Surveyor was not wrong he should be exonerated. Ho wished he could think there was no sentiment in the resolution— that it was a resolution for the public good. But he- could not think that. Hr- had been accused of appointing biassed com. mittees, but he denied that. If tha-City Surveyor was wrong he should be dismiss?d — but., the charges should be proved. (Loud applause and uproar in the auditorium, and a voice, "Let them be proved.") The majority that returned the Mayor did not do so v^ith the intention that the City Surveyor should be dismissed — at any rate not without proper charges being laid and a proper hearing. They should not send the City Surveyor away with unproved charges hanging over ' M.< head. Ho said that at any inquiry the City Surveyor should bo represented and given fair play. He again entered his protest against the mo,tion. Cr. Field would agree to alter his motion to read : "By the Council or a Committee appointed by the Council." Cr. Grace objected. Cr. Snodgrass did not consider he was sent there to sack the City Surveyor. Thu Mayor : You have said lhat yon were. Cr. Snodgrass said he had never said such a thing. Only two candidates spoke cf abolishing tho office of City Surveyor— Mr Johnston and ex-Cr. Turner, both of whom were defeated. Neither Cr. Robertson nor himself had s.vd anything during the election about dismissing the City Surveyor. He wanted full information " about the charges. * ' Cr. Oracs contended that he had distinctly called in question the manner mi which the City Surveyor had carried out the septic tank contract. The City Surveyor h.*>rl had -most lenient treatment from (he laic C--mieil. The agreement between the City Survvor and the Council had been altered— and in favour of tho Engineer. Tho City Surveyor had overridden a resolution f tln> Council with regard to ordering timber, he not having ordered it through the Town Clerk as he should have done. The City Surveyor caused variation in the specifications for the septic tank, which he should not have done. As a result of the inquiries he had made he was convinced that the City Surveyor had forfeited his confidence. The 'amendment was put and lost on a division by '/ to 3, Cr. Hampson voting against it. Cr. Hampson moved a -further amendment thnt Crs. Franklyn and Field, with two gentlemen to be nominated by the Surveyor, inquire and report to tho Council. Lost on division, 6 to fl. Tii 0 motion was then carried on a division by (j to 4. Ayes (6): Crs. Lightband. Robertson, Franklyn, Oraee, MeConrhie. and the Mayor. Noes (4) : Crs. Field, Snodgrass, Bisley, and Hampson. (The divisions were the same in each instance, except with regard to Cr. Field's amendment. The mooting terminated just __hefore midnight, when tlie Council went into Committee. Thoso in the auditorium gave three cheers for the City Surveyor and groans for the Mayor.