Four councillors — Cr Yager, Cr Clancy, Cr Johnstone and Cr Smith — were nominated for the mayoralty. Cr Yager and Cr Clancy were eliminated in the first and second rounds of voting respectively. The third round resulted in a tied vote, with Cr Johnstone and Cr Smith each receiving four votes; Cr Cairns abstained from voting in that round.

Under the Local Government Regulation, a tied vote in these circumstances must be resolved by the drawing of lots, with the councillor whose name is drawn declared elected. Council said that prior to the draw, General Manager Laura Black mistakenly advised those present that the councillor drawn would instead be eliminated. Cr Smith’s name was drawn and, on the basis of that advice, Cr Johnstone was declared Mayor.

Council has sought urgent confirmation from the Office of Local Government on the appropriate remedial action. It says it will provide further public information once that advice is received, and has acknowledged the importance of maintaining public confidence in its decision-making processes.

Read more: Clarence Valley Council Statement