Kempsey Shire voters are heading back to the polls after councillor Noel Selby resigned from council, effective immediately.
The council’s chief executive officer received Selby’s written resignation, bringing his time in civic office to an abrupt end.
His exit follows the council’s consideration of a Code of Conduct investigation at its meeting on Tuesday, 20 October, and a period of significant community concern about the matter.
An external investigator had found Mr Selby did post a Facebook comment telling a woman it was a “pity he hadn’t bashed you”. He had earlier advised the council’s CEO the content was posted without his consent.
The council censured Selby, and resolved to refer the matter to the Office of Local Government and had asked Selby to resign from civic office. Both have now happened. The council’s resolution of Tuesday, 20 October, remains on the public record.
So what happens to the empty seat?
Under the NSW Local Government Act 1993, the resignation creates a casual vacancy that must be filled by a by-election.
A countback was not an option, because the window for filling a vacancy that way closed in March this year.
The council also cannot leave the seat empty until the next ordinary local government election in September 2028, because the vacancy falls outside the period in which it could apply to do so.
That means a by-election must be held on a Saturday no later than three months after the vacancy occurred.
The council acknowledged the distress the matter has caused in the community.
It also reiterated that it does not condone violence in any form, including domestic and family violence.
Anyone affected by domestic and family violence can contact 1800RESPECT on 1800 737 732 for free, confidential, 24-hour support.
Don’t miss any of the important stories from around the region. Subscribe to our email list.