The failed election that left Moyne Shire Council without a mayor on Tuesday was caused by an internal dispute rather than technological issues, it has been revealed.
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The dispute remains unresolved and casts serious doubt over whether the electoral deadlock can be broken at next Tuesday's "extraordinary" special council meeting.
The issue involves allegations made by three Moyne councillors that Cr Jim Doukas breached the shire's Councillor Code of Conduct.
Two of the councillors who made the allegation are the current mayoral candidates, Cr Jordan Lockett and Cr Damian Gleeson.
It is understood the allegation has since been dropped, however Cr Doukas said he could not vote for either councillor.
"You're meant to pick the best person for mayor and neither of them qualify," he said.
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Both Cr Gleeson and Cr Lockett declined to comment on the allegations, saying they considered the matter resolved.
Cr Doukas disagreed.
"There has been no resolution at all. They believe it is resolved because they have stopped proceedings," he claimed.
"Allegations were made and either the allegations are true or they're not - you can't just stop the process.
"They still think I'm guilty but they've stopped the process and that's not good enough."
Cr Doukas said he was seeking advice on the code of conduct issue, which he said had damaged his reputation even if it was an internal process.
"They have to prove the allegations and they can't," he said.
"I'm going to pursue it to its conclusion."
Meanwhile, Moyne is still without a mayor.
Chief executive officer Bill Millard has invoked "extraordinary circumstances" to schedule a special meeting of council on Tuesday, November 16 to vote in a mayor.
While Cr Doukas did experience technical issues at Tuesday's vote, he said he would have abstained from voting regardless and he plans to abstain again at next week's special meeting.
"I'm seeking advice on the vote. I'm standing out of the vote on principle, so I'm seeing whether I can do that," he said.
Mr Millard said Cr Doukas was within his rights not to vote.
"A decision on whether Cr Doukas will vote at the meeting where a mayor will be elected is a question for Cr Doukas," he said.
The council has been seeking advice on how to resolve the electoral stalemate caused in part by Cr Doukas' refusal to vote.
Both Cr Gleeson and Cr Lockett said there would be a new mayor next Tuesday even if the vote was again tied.
If there is another tie it is understood one candidate may withdraw, allowing the remaining candidate to receive an absolute majority of votes.
It is unclear how the candidates would decide who should withdraw, but a coin toss would have to happen behind closed doors rather than in the open meeting to avoid breaching the Local Government Act.
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