Upper Lachlan Shire Council to fill vacancy through election countback

But the process is not so simple and may take more than two months to fill.

Cr Stafford resigned from the nine-member council on January 13, the day the newly elected body met to choose its mayor and deputy.

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But rather than going back to the polls, the council decided at its first meeting to fill any casual vacancy within the first 18 months via a countback. Goulburn Mulwaree Council also chose this option, available under the NSW Local Government Act.

But Upper Lachlan will be the first NSW council to employ the method.

The NSW Electoral Commission will handle the lengthy process. The council must firstly notify the Commission, which appoints a returning officer within 14 days. It then contacts the three candidates running ninth, 10^th and 11^th in the poll to gauge their interest in being part of the countback.

This takes 10 days and once candidates are locked in, the countback must be completed within 49 days.

"Until such time as this process has been completed, none of the unsuccessful candidates is an automatic incumbent," a council spokesman said on Wednesday.

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As the 10^th place getter in the December 4 poll, Crookwell man Nathan McDonald can't count on anything. In fact the result could be different.

The Commission effectively re-runs the election, making the vacating councillor ineligible and distributes each of their ballot papers to the next listed preference.

Mr McDonald said he was not only surprised by Cr Stafford's resignation but also by the protracted process to fill the vacancy.

"The process we went through with the election in the first place was ridiculous but to think this could take more than 49 days is even more ridiculous. It's very drawn out," he said.

Mr McDonald was referring to the fact it took almost three weeks to achieve a result in the December election.

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Gunning's Graham Dyer and fellow Crookwell man, Colin Davis were placed 11^th and 12^th in the poll.

Mr McDonald said he was still keen to fill the post. He was surprised he wasn't elected, given his community involvement, including 16 years as a RFS volunteer.

"(I think I missed out) because of the push for more women on the council and the community's wish for change. People had so many options," he said.

However he was pleased to see more females in the line-up.

Mr McDonald told The Post, that like others, he was shocked by Cr Stafford's resignation.

"It's thrown a spanner in the works. It was so quick," he said.

"He polled well and came in third, so it was a bit left field."

The ex-mayor declined to elaborate fully on his reasons when The Post spoke to him on December 13.

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He said the council's make-up and "overall dynamic" were factors and he could not see a future for himself in it.

The Taralga man intended to devote more time to running his wildlife park on the town's outskirts but said he would continue to advocate for the community.

Pam Kensit has been elected mayor and Mandy McDonald, her deputy. The other councillors are John Searl, Darren O'Brien, Paul Culhane, Susan Reynolds, Jo Marshall and Lauren Woodbridge.

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