COUNCIL AND POWER BOARD

Waikato Independent, Volume XXII, Issue 2575, 22 July 1922, Page 5

COUNCIL AND POWER BOARD

QUESTION OP SECRETARYSHIP The following extract from the report of the Borough Council, in committee, with respect to the secretaryship of the Cambridge Power Board Will be read with interest: — By the direction of the Council the opinion of the solicitor to the Municipal Association of New Zealand was sought with reference to the arrangement existing between the Council and the Electric Power Board, whereby the secretarial duties of the Board are carried out by the Town Clerk. The questions on which an opinion was sought were: (1) Is the Council responsible for the keeping of the Power Board books? (2) In the event of any loss of moneys, is the Council responsible to the Power Board? • The letter from the solicitor embodies the following opinions: (1) The placing of the appointment of the Clerk and Treasurer with another local body is not contemplated by the Act, which contemplates individual selection by the Board; (2) The opinion is expressed that in order that the Town Clerk may be properly constituted the Clerk and Treasurer of the Power Board, there should be. a resolution of the Board appointing him by name to these offices; (3) The Power Board cannot legally delegate to the Council the duties to be performed by the Board's officers, with the understanding that the duties are to bo performed by the Board's officers. On the other hand, the Borough fund could not be held liable in respect of acts done by the Council outside of its Statutary Powers; (4) The Power Board would have an arguable case against the Council for moneys received on behalf of the Power Board and lost; (5) If the Power Board passes a resolution appointing tho Town Clerk by his personal name to be its Clerk and Treasurer the Council would not be liable for any of his acts or omissions in relation to the Power Board's affairs or moneys.

' In view of the foregoing, it is clearly desirable that the Power Board should be asked to pass a resolution appointing the Town Clerk by his personal name as Clerk and Treasurer of the Board, and wc have directed that a request for such action shall be forwarded.