Recount makes no difference on council decisions

By Alex Johnson and
Updated November 7 2012 - 12:08pm, first published December 17 2008 - 8:54am
Recount makes no difference on council decisions
Recount makes no difference on council decisions

ALL decisions made by the current Moyne Shire Council will stand even if a vote recount finds errors were made during the election, according to the council's chief. The Magistrates Court of Victoria confirmed it had received an application to appoint a Municipal Electoral Tribunal to inquire into the November election.Moyne Shire Council chief executive officer Brett Stonestreet said the council, which held its first ordinary meeting on Tuesday, would deal with any fallout from a recount "if and when it happens". Former councillor Dick Prendergast initiated the push for a recount after Cr Geoff Rollinson finished just three votes ahead of Port Fairy candidate Mick Wolfe. Mr Prendergast has cited an alleged computer malfunction, the heavy workload of the Victorian Electoral Commission volunteers and the small margin of ballots in his push for a recount. But Mr Stonestreet maintained the decisions already made by the council, including the election of Cr Ken Gale as mayor, would be binding regardless of any "hypothetical" change. "My understanding is that any decisions that have been made by the council are quite legal and appropriate," he said."There's been a statutory meeting (where councillors were sworn in and the mayor was elected) held in accordance with the regulations and therefore that meeting is a valid meeting."A spokeswoman from the Department of Planning and Community Development also confirmed any decisions made by councils in the lead-up to a recount would not be not invalid. If a recount elected Mr Wolfe, four of the five councillors who exchanged preferences before the election, and have been described as an "alliance", would sit at the council table.Two members of the so-called alliance, including Crs Colin Ryan and Bernie Harris, voted for Cr Jim Doukas as mayor, but he missed out on the top job by just one vote. Mr Prendergast submitted the required 10 signatures from Moyne Shire ratepayers to the Magistrates Court but he said a hearing date was yet to be set. "It would be up to the councillors of the day . . . to vote if they're to have another mayoral race," he said. "I would've thought that would have been a given." The Municipal Electoral Tribunal last ordered a recount after the 2005 local government elections. At the time the VEC conducted a recount for the Kingston City Council's Como Ward. It took place six months after the election but confirmed the original result.

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