Ian Tiley will contest the Armidale Regional Council election despite speculation he is ineligible to stand or has withdrawn his candidacy.
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The administrator has come under attack following accusations he holds an unfair advantage in the election for serving as the city’s administrator since May 2016.
Fellow candidates have also questioned Dr Tiley’s eligibility to stand on several grounds, including whether or not he is a Council staff member and on his place of residency in the city.
Council staff are disqualified from holding civic office under the NSW Local Government Act 1993.
However, a government spokeswoman confirmed on Monday administrators were not employees of Council.
The office of local government also sent a letter to administrators on July 6 confirming they could nominate and stand for election.
The issue of residency centres on whether Dr Tiley can claim he is a resident of Armidale if his abode is a motel.
Former mayor Herman Beyersdorf filed a letter of complaint with the electoral commission on Sunday calling them to investigate the issue.
He was advised the matter would be reviewed in accordance with government policy.
An ad placed in The Armidale Express on Friday supporting the administrator and 11 other candidates also caused controversy.
The ad states the Armidale Regional Progress Association, which was formed just days earlier on August 21, supports Dr Tiley and the other 11 candidates.
Later that day, Dr Beyersdorf reported it to the electoral commission for breaching electoral material guidelines.
In an open letter to the community on Monday, August 28, Dr Beyersdorf, with former councillors Colin Gadd, Jim Maher, Simon Murray, Margaret O’Connor, and Peter O’Donohue, and Labor and Greens’ candidates Debra O’Brien and Dorothy Robinson expressed their concern about the advertisement.
They wrote:
“The advertisement does not include the name and address of the person who authorised the advertisement, which is a legal requirement under the electoral regulations, which are designed to ensure transparency and openness in the political process.”
“The advertisement states that “The Armidale Regional Progress Association” supports Ian Tiley (and the other 11 named candidates). A search revealed that this was registered as a business name on 21 August 2017 by the “family partnership” of John M and Annette R Cassidy.
“John Cassidy is a former Chancellor of UNE, who was named by an ICAC investigation as having engaged in “corrupt conduct” in relation to the sale of Tattersalls Hotel (ICAC Report, October 2014) and he is currently a co-owner of Tattersalls Hotel in Armidale, which is being significantly re-developed at this moment. [Though ICAC did not recommend any action be taken against Mr Cassidy over its findings]
“We think that, as the law requires, the voting public should be fully aware as to who authorised (and presumably paid for) this endorsement.” [sic]
The electoral commission confirmed on Monday they were reviewing the matter.
But those candidates mentioned in the ad say the first they knew about it was when they read it in the paper.
“A review will be conducted to determine who is responsible for the advertisement, and other circumstances surrounding its placement in the newspaper,” a government spokeswoman said.
“During the review, NSWEC inspectors will make contact with the newspaper publisher and the person responsible for placing the advertisement to inform them of the law in relation to the authorisation of political advertisements to ensure that it is followed in the future.”
Dr Beyersdorf said it was in the public’s interest that people knew.
“I think this issue of the ad, and the background of the ad, and the ad being non-compliant, needs to come to public attention,” he said.
Breaking his silence on the issue, Dr Tiley said he also knew nothing about the ad.
“It’s not my ad, I had nothing to do with it,” he said.
“We’re in the second last week of what’s becoming a pretty filthy campaign and there are some worried people.
“It’s getting pretty dirty - they’re getting pretty desperate.”
The Armidale Regional Council election is on September 9.
Pre-poll voting is open now.