SEAT RESIGNED

New Zealand Herald, Volume LXXIV, Issue 22685, 24 March 1937, Page 15

SEAT RESIGNED

REGULATIONS BROKEN DARGAVILLE DEPUTY-MAYOR EFFORT TO HELP LIBRARY [IJY TELEGIIAPH —own correspondent] DA KG AVI LLE, Tuesday I lil'oiifill unwittingly breaking tlio local authorities' regulations in his eflort to assist the Dargaville Borough Council, the deputy-mayor, Mr. ,T. A. McLean, lias been compelled to resign his seat on the council until the next general election in May, IiKJS, as the result of a report from the Audit Department which was considered at a special meeting of the council last cven-

A letter from the department made it quite clear that no mala li(le dealings with the council were suggested, but that the Audit Ofliee was vested with no discretionary powers in dealing with the section of the Act involved. Exception Made The special meeting was held to discuss the balance-sheet for the year ended March •'i 1, ID.'it), which had been returned by the Audit Office and certified as correct subject to tlio exception that the interest of a councillor in contracts with the council, the aggregate of payment in respect of which exceeded £25 in the financial year, disqualified him under the Local Authorities (Members' Contracts) Act, 1021. 'I he town clerk. Miss 1,. Watson, reported that when Mr. McLean became chairman ol the Library Committee several years ago the library finances were at a low ebb, and with tlie viewto assisting the committee he had made an offer to supply the library's book requirements through his own account at cost. The offer was accepted and the books bad been bought in that manner for some considerable time, payments being made through Mr. AleLean u]> to the statutory limit and beyond that amount. Cheques were forwarded direct to the firms supplying the books. •

Action in Good Faith "I am pleased to state that in this ease 110 mala fule dealings ■with tho council are suggested and on the evidence submitted the Audit Office is satisfied that you acted in pood faith throughout your dealings w illl the council, and in ignorance of the fact that you were contravening the provisions of the Local Authorities (Members' Contracts) Act, 1934," stated the letter from the department. "The Audit Office is, however, not vested with any discretionary power in dealing with breaches of Section •'! of that Act, and where therefore a breach of that section lias been committed the Audit Office, on becoming aware of such breach, lias no option but to draw the attention of the member concerned to the legal position. It is most unfortunate that an unrealised breach of the regulations has deprived the council of the services of Mr. .McLean until the next general election is held in May, 1938."

Members paid tribute to the work done by Mr. McLean and expressed regret at his resignation.