FORMER City of Whittlesea Mayor Aidan McLindon is looking to challenge the decision to suspend him from his duties in the Supreme Court.
Previously, Mr McLindon had been suspended for six months on April 16 by Local Government Minister Nick Staikos, the result of all fellow City of Whittlesea councillors calling for his resignation, which prompted a review, and subsequent recommendation of a Commission of Inquiry.
Following the April 16 suspension, Mr McLindon, in a statement released last week, said he had conversed with lawyers as he looked to return to the position of Mayor.
“I have sought legal advice from a number of senior lawyers,” he said on his Facebook page.
“That advice is that the Minister for Consumer Affairs and Minister for Local Government, Nick Staikos, acted unlawfully in taking the action which led to my suspension from my position as the elected mayor of the City of Whittlesea.
“As a result of that advice, I will be applying to the Supreme Court to judicially review the actions of the minister.”
Mr McLindon was previously banned by City of Whittlesea CEO Craig Lloyd from attending council premises in person after accusations of intimidation towards staff and other councillors.
On February 18, councillors noted a petition which had received over 1000 signatures calling for the resignation of Mr McLindon.
Concerns from residents included his decision to run for the seat of Werribee as an independent candidate after completing nine weeks in office, while councillors cited alleged breaches of the Councillor Model Code of Conduct, where Mr McLindon was referred to an internal arbitration process following his campaign for the seat.
Deputy Mayor Councillor Daniela Zinni sent a copy of the resolution, which was voted unanimously in favour of calling for Mr McLindon’s resignation, to Mr Staikos for his information.
Meantime, the City of Whittlesea’s Commission of Inquiry, which commenced on May 19, continues.
As a result of Mr McLindon’s suspension, Mr Staikos launched the Commission of Inquiry, with the goal of addressing governance issues that had arisen since last year’s election.
Other issues that have emerged for the City of Whittlesea this year included Lalor ward voters forced to go back to the polls later this year, with the Victorian Electoral Commission finding that ward may have been affected by voter fraud in the elections last year.
It is the second such time this decade that the City of Whittlesea have required state government intervention, with the entire council sacked in 2020 due to serious governance issues.
In announcing the Commission of Inquiry, Mr Staikos said it was a requirement for the residents of the City of Whittlesea that their best interests was served.
“Victorians deserve a council that represents their best interests and serves them with respect, and we are ensuring our councils uphold these values,” he said.
The inquiry is currently being led by Prue Digby and Jim Gifford, with findings to be announced in September.