Cr Justin Levido wants the council to write to decision makers seeking a change to the Local Government Act.

He intends to put forward a three-point motion at the August 16 council meeting.

Cr Levido’s comments, as part of the agenda item, say the Local Government Act, 1993, has an inbuilt detriment to sitting councillor candidates who run in a by-election for a popularly elected mayor as opposed to non-councillor candidates. 

“The inbuilt detriment is that the election of a sitting councillor candidate forces the electors back to a further by-election for councillor within the next three months.

“This inbuilt detriment became a significant issue during the recent mayoral by election.”

Cr Levido’s comments said he and other councillors had been informed by many electors that the avoidance of a second by-election was a significant consideration to them from both a personal convenience and “cost to council/the community” point of view.

Voters would have gone back to the polls to elect a councillor if a sitting councillor won the mayoral by-election.

But that didn’t happen.

Businesswoman Peta Pinson won the election and a second by-election was avoided.

Cr Pinson said in the mayoral by-election, the fact of the matter was a second by-election would have been created at the election of a sitting councillor.

“I spoke quite clearly to the community that was a consideration they needed to make with their voting,” she said.

Cr Pinson said the argument it was the crucial decision of voters was a little weakened by the collective result of the three sitting councillors.

“But I certainly appreciate Cr Levido’s position in wanting to have that part of the Act amended,” she said.

The Local Government Act came into play during the mayoral by-election.

Cr Rob Turner was the first to confirm he would contest the mayoral by-election.

Cr Turner indicated he would resign as a councillor in a bid to avoid a second by-election if elected mayor. 

He officially resigned but it wasn’t to be effective until May 18. 

The resignation was accepted by the council’s general manager Craig Swift-McNair and lodged with the Office of Local Government. 

The resignation was withdrawn later that week.

It followed advice under the Local Government Act he could not stand for a civic role until the first anniversary of the vacation of office, or the next ordinary election for the area, whichever occurred first.

The Local Government Act provides the legal framework for the system of local government for NSW.

Five candidates contested the Port Macquarie-Hastings Council mayoral by-election including three sitting councillors – Sharon Griffiths, Lisa Intemann and Rob Turner.