No Mayoral election required in September

08 September 2016

Council votes to not have a Mayoral vote before October poll

There will not be a Mayoral election before the 29 October 2016 Tweed Shire Council poll, following a decision at a Council meeting this afternoon.

The original poll scheduled for 10 September 2016 failed when one of the candidates passed away, with the election then rescheduled to 29 October 2016.

Initial advice from the Office of Local Government (OLG) on 24 August 2016 said that under the Local Government Act, a Mayoral election still had to be held in September and the person elected would only hold the office of the Mayor until the new election.

This afternoon’s meeting was a continuation of the Council Committee meeting of 1 September 2016, which was adjourned when a quorum could not be maintained (the minimum number of councillors needed to hold a meeting).

However, further advice from the OLG received on 1 September 2016 – after the adjournment of the meeting - advised it would be possible to interpret the wording of the Act differently, doing away with the need for a separate Mayoral election ahead of the new election.

The resolution from today’s meeting was:

“That council in interpreting Section 318, and more specifically Section 318(1)(a),that

has been triggered by Section 309(3) of the Local Government Act 1993 is of the view

that because the election scheduled for Saturday 10 September 2016, has failed, that

the holders of all civic offices (including the civic office of Mayor) be preserved until

the Declaration of the Poll of the Election to be held on Saturday 29 October 2016.”

As a result, Councillor Katie Milne will remain as Mayor until 29 October and Councillor Gary Bagnall will maintain the position of Deputy Mayor for that period.