Clarence Valley Council has announced it will seek legal advice over an error made during last week’s Mayoral voting process, which saw Councillor Peter Johnstone wrongly declared as the organisation’s new Mayor.
At Thursday’s meeting, Councillors Cristie Yager, Greg Clancy, Peter Johnstone and Ray Smith were all nominated for the position of Mayor.
Following the elimination of Councillors Yager and Clancy in the first and second rounds of voting respectively, the Council says a third round resulted in a tied vote, with Councillors Johnstone and Smith each receiving four votes.
Under the Local Government Regulation, where a tied vote occurs in these circumstances, the result must be determined by the drawing of lots, with the councillor whose name is drawn being declared elected as Mayor.
“Prior to the draw taking place, the General Manager, Laura Black, mistakenly advised those present that the councillor whose name was drawn would be eliminated. Cr Smith’s name was subsequently drawn and, based on that advice, Cr Johnstone was declared Mayor,” the Council outlined in a statement.
Following the meeting, Council sought urgent advice from the Office of Local Government regarding the appropriate remedial action to address the error.
On Friday morning, Councillor Johnstone announced on social media that he had tendered his resignation to the Council.
At an extraordinary meeting held on Friday, Councillors voted to seek legal advice before electing a new Mayor, leaving the position vacant.
Newly-elected Deputy Mayor, Cristie Yager, will preside in the interim while Council seeks legal advice and holds an extraordinary council meeting to re-elect the new Mayor.
