One of Lithgow’s former mayors has questioned why the state government didn’t activate a option to hold a countback following Martin Ticehurst’s suspension from council.
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If activated, the countbank would have elected the councillor to Mr Ticehurst’s position.
In a letter to the Lithgow Mercury, Neville Castle questioned why the government didn’t act on its own law, an action which will now see ratepayers slugged $150,000 for a byelection in April.
Mr Castle said the byelection didn’t need for to be happening at all.
“The fact is that legislation exists for a countback from the previous election if a vacancy happens early in a new council,” he wrote.
“However, after the legislation was passed by the government, the (then) local government minister Paul Toole never organised for it to be implemented.
“He was well aware of Martin Ticehurst’s impending disqualification but still no action was taken.
“I wonder why? Will other councils in the same situation be wondering the same thing?”
"All councils will potentially benefit from this proposal," Mr Toole told NSW Parliament, saying that the countback model would be based on the Victorian system.
The legislation also said that a process for undertaking countbacks needed to be specified under regulations. This is what the government has not done.
“Paul Toole has also weighed into the debate on the situation of our council,” Mr Castle said.
“Firstly he criticised the ‘debacle’ of the mayoral election.
“As local government minister, he of all people, should have known it was above board. If not, I am sure it would have been challenged. It wasn’t.
“Secondly, he says how terrible it is having the byelection. It was his legislation that led to the situation and Geoff Cox took the opportunity to resign at the same time.
“Regardless of your point of view, we are having an election that maybe we didn’t need to have.”
Campbelltown City Council in Sydney is facing a similar situation following the death of a councillor, with their bill to top $500,000.
Fairfax Media requested comment from new local government minister Grabielle Upton.
A spokesman for the Office of Local Government said: "The regulation has not yet been implemented on the advice of the NSW Electoral Commission." Fairfax Media has asked for details about that advice.