DECLARED INVALID

Otago Daily Times, Issue 26780, 25 May 1948, Page 3

DECLARED INVALID

SPECIAL MEETING OF COUNCIL

MAYOR LEAVES CHAIR After making a statement asking that a legal opinion should be read by the town clerk, the Mayor, Mr M. F. E. Cooney, left the chair at a special meeting of the Oamaru Borough Council at 4.45 p.m. yesterday and declared the meeting invalid. The meeting was called on the requisition of Crs Meikle, Bain, Wise, Laney, and Steven to consider a motion by Cr Bain to empower the engineer to proceed to Clyde to inspect a grader and make an offer of up to £IOOO for its purchase. A motion by Cr Wise that the engineer, with the authority of the Works or Finance Committees, could leave the town to make investigations as directed by either committee was also to be considered. There were present Crs W. R. Laney, A Wilson, A. E. Hodge, J. I. McEwan, A. Meikle, D. S. Bain, H. R. Wise, E. S. Stubbs, T. R. Beatty and B. Steven. “I have been very concerned about the position leading up to the calling of this meeting,” said the Mayor. A meeting of the Works Committee, of which there is no minuted record in the council’s office,

was held recently. I was certainly apprised by Cr Bain on Monday last that the meeting of this committee was to be held and of the business to coin; before it. An hour later, from the council office, and after full consideration of the facts as known to me, I telephoneu Cr Bain and advised him that as Mayor I refused to approve of the engineer being sent to Clyde. “ The Works Committee, however, held its meeting," Mr Cooney continued, “ and decided, in defiance of my ruling to its chairman, that the engineer should go. An intimation to this effect was received by the town clerk from the engineer the following morning. I countermanded the instructions to the engineer from the Works Committee and informed Cr Bain accordingly. As a result, this meeting was apparently called. I have obtained an opinion from the borough solicitor, which I will now ask the town clerk to read.” The town clerk, Mr J. Branthwaite, read the opinion given by the borough solicitors, Hislop, Creagh and Main. “ In our opinion, the requisition for this meeting is not in proper form because it does not state the place at which the special meeting is to be held,” the statement read. “ The act is specific regarding the steps which have to be taken, and if the meeting is proceeded with, the business transacted will be invalid. The Mayor should therefore inform councillors when they assemble that as the requisition is defective, his ruling is that the meeting is not to be held." The Mayor thereupon stated that he had no option but to declare the requisition calling the meeting to be improperly framed, and his ruling was that the meeting was not to be held. He pointed out that whatever might be the merits of the business which the councillors concerned wished to bring up, it was useless proceding further as decisions arrived at would have no valid effect. There was nothing to prevent these councillors requisitioning for a special meeting of the council at a later date when

their proposals could come before that meeting.

The Mayor then left the chair and when he had reached the door of the Council Chambers, Cr Bain asked him to resume the chair as he wanted to ask a question. The Mayor left the chamber without giving an audible reply.

Cr Hodge, saying that he had to follow the Mayor's attitude and conform to the legal ■ opinion, also left the chamber. Cr Bain suggested that Cr Meikle should take the chair, as he wanted to make a statement to the press. Cr Meikle asked what his position would be, but did not take the chair! Cr Bain thereupon asked councillors to withdraw. He would make a statement to the pj-ess. The notice of the meeting was in order, he stated. Councillors then filed out of the chamber.