Peter Johnstone is Clarence Valley’s mayor again, a week after a bungled hat draw handed him the job by mistake. But with a bid for more legal advice voted down, the risk of a legal challenge has not gone away.
Councillors met in Maclean at 2pm on Thursday, 24 September, for an extraordinary meeting, and quickly moved into a confidential session to discuss legal advice obtained about last week’s mayoral vote.
When the doors reopened, Cr Ray Smith had put forward an amended motion to defer any mayoral vote until further legal advice was obtained.
It failed by a single vote.
The amendment was lost five votes to four, with Crs Shane Causley, Greg Clancy, Lynne Cairns, Peter Johnstone, and Cristie Yager voting against.
Cr Andrew Baker, Mayor Johnstone, and Deputy Mayor Yager then nominated for mayor, each given three minutes to outline their intentions and why they were suited to the role.
After an elimination process, it came down to Cr Baker and Mayor Johnstone. Mayor Johnstone won six votes to three and was declared Mayor of the Clarence Valley.
He joins Deputy Mayor Cristie Yager, who was elected on Thursday, 17 September, and has done an admirable job of acting mayor through the drama.
Cr Smith did not contest the vote. With the former mayor still wanting further legal advice, the matter may not be over, and the risk of a legal challenge is not yet settled.
It is the second time in a week Mayor Johnstone has been handed the top job.
At the September ordinary meeting on Thursday, 17 September, four councillors nominated for mayor: then-Mayor Ray Smith, Mayor Johnstone, Cr Clancy, and Deputy Mayor Yager.
After elimination rounds, Cr Smith and Mayor Johnstone were tied at four votes each, and a name was drawn from a hat.
Cr Smith’s name came out. General Manager Laura Black told the chamber it meant he was out of the race.
“The name drawn from the hat is the elimination, Councillor Smith,” Ms Black said.
“Your name was drawn from the hat and therefore you are eliminated, which makes Councillor Johnstone the mayor.”
But under the Local Government Regulation, the councillor whose name is drawn should be declared elected.
Mayor Johnstone was sworn in, then resigned on the Friday morning once the error became clear, to allow a new election. Cr Smith and his supporters protested another vote and asked for legal advice instead. Council sought urgent confirmation from the Office of Local Government on how to fix it.
The mayoral mess has also seen Ms Black’s employment contract terminated.
That decision came at a separate extraordinary meeting on Wednesday, 23 September. Deputy Mayor Yager, as acting mayor, had been asked by two councillors to call the urgent meeting to discuss a matter involving a senior member of council staff.
The discussion ran for more than three hours before a motion was drafted and carried.
Council’s Director of Environment and Planning, Adam Cameron, has been appointed acting General Manager.
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