'This isn't about morals': Port-Macquarie Hastings council discusses casting vote

Councillors engaged in a lengthy discussion over the casting vote at the ordinary council meeting on Thursday, April 18.

Previously, council resolved that the CEO provide a report detailing the purpose and use of a casting vote as included in the Local Government Act and the Office of Local Government Model Code of Meeting Practice.

Mayor Pinson moved that councillors note the information provided in the report at the April 18 meeting.

"The casting vote seems to be a fixation on some councillors' minds," Cr Pinson said.

"And it seems to go out and spread out into the community that the casting vote is something that is improper."

Cr Pinson said she can assure this isn't the case.

Port Macquarie-Hastings Council currently elects nine councillors, however when former councillor Sharon Griffiths resigned in July 2023, it resulted in an even number of councillors.

As a result, the presiding chair of a meeting or governing body (often the mayor) can use a casting vote to resolve a tied vote.

Cr Pinson said that on contentious issues, there is a split council.

"To move the business forward, I am required at times to use the casting vote. And I will continue to do that until this term of council is over."

There was some contention on what the purpose of the casting vote was.

Cr Rachel Sheppard put forward an amendment including that council note that the Model Code of Meeting Practice and Local Government Act are silent on the purpose of the casting vote.

Cr Pinson pointed that in the report , which references both the Code of Meeting Practice and Local Government, states that a person presiding at a meeting of the council has, in the event of an equality of votes, a casting vote.

"Is that not a purpose?" she asked.

The response was mixed with governance group manager Michael Ferguson stating that in his opinion is was more about how the casting vote is used and less about what the purpose of it is.

Cr Sheppard said her understanding was the purpose of the casting vote hadn't been arrived at through the report at all.

"I understand that this is an available interpretation and so I don't harbour concern about that," she said. "But I simply do not agree with that interpretation."

"And I think it's very important that if we are to note this, I am in fact only willing to note information that I consider to be accurate and to be appropriately addressing the resolution as I had understood it to be intended."

After further questions, Mr Ferguson said that he could see there are two ways it can be read but believed it was up to council to decide whether they believe it is correct or not.

Cr Lauren Edwards seconded the amendment with herself and Cr Lisa Intemann going on to speak in support of the amendment

"Our debate is being lost in its purpose because of a tyranny of small decisions," Cr Intermann said.

Cr Danielle Maltman voiced that she wouldn't be supporting this motion.

Before the vote on the amendment, Cr Sheppard clarified that there has been no suggestion at any stage that the use of the casting vote is unlawful or a breach of the code of meeting practice.

She said her and the community's concerns were less on the unlawfulness of the casting vote and more so on whether it's resulting in good decisions for the community.

"The issue that's been raised has been repeatedly about whether [the casting vote] allows for proper representation of the community, whether it represents proper democratic processes," she said.

The amendment was lost.

When speaking against the motion, Cr Sheppard and said she couldn't in good faith note the information provided in the report noting the areas of inaccuracy and the interpretation which was at odds with her own.

"It's also not lost on me that members in our community have been, or even councillors have been discouraged by [the mayor] in talking about these things publicly..." she said.

The mayor called a point of order and asked when she had discouraged anyone from the community from discussing anything.

"I'm certainly aware you've sought to influence my own social media conduct through formal channels," Cr Sheppard replied.

Cr Pinson asked for evidence of this claim and sought an apology from Cr Sheppard due to the suggestion Cr Pinson was impeding on Cr Sheppard's social media and that Cr Pinson was not allowing other members of the community to have their say.

"Madam Mayor, in both instances the comments you've suggested I've ultimately made were not the comments I have made," Cr Sheppard said.

Cr Pinson pressed for an apology from Cr Sheppard three times.

"Madam Mayor, when you watch (the meeting recording), you will see I have not in fact made the comment that you believe I have made," Cr Sheppard said.

"I cannot offer an apology for words I have not said."

The meeting was adjourned while Cr Pinson spoke to the CEO and governance about this matter.

Upon returning Cr Sheppard agreed to apologise to Cr Pinson because she would be expelled from the chamber if she didn't, and on the understanding Cr Pinson's perception of the comments made may have caused insult.

Before moving to a vote on the motion, Cr Pinson bought forward an amendment that council request the CEO to provide supplementary information to councillors in relation to the legal framework of the casting vote relating to local government.

Cr Sheppard and Cr Edwards both spoke against the proposal but upon going to a vote, Cr Pinson was able to use the casting vote to make her amendment a motion.

"I just think it's ironic the casting vote is used to attribute to oneself a favourable outcome regarding the casting vote," Cr Intemann said after the amendment was passed.

Cr Pinson said it would be quite unusual to not use the casting vote to progress a point of clarity.

"This isn't about morals," she said.

"This is about decision making."

Cr Pinson said she found it quite disturbing that councillors had spent so much time on what she described as a small item on the agenda.

The motion was put, with councillors Peta Pinson, Adam Roberts, Danielle Maltman and Josh Slade voting for and councillors Rachel Sheppard, Lisa Intemann, Nik Lipovac and Lauren Edwards voting against.

The mayor used her casting vote and the motion was carried.

The CEO will be providing supplementary information to councillors in relation to the legal framework of the casting vote relating to local government.