Shropshire Star

Councillor could launch legal challenge over Oswestry mayor rules change

A councillor who was next in line to serve as Oswestry's deputy mayor and mayor could launch a legal challenge against the town council for changing the rules that will see him miss out.

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Councillor Duncan Kerr

Oswestry Town Council operates in a way that the next longest serving councillors become deputy mayor and mayor.

Green Party councillor Duncan Kerr, who has been in Uganda for two months as a social worker, discovered that while he was away the council had an amendment.

This meant that Councillor Kerr, who was next in line to serve as deputy mayor, was being replaced in favour of another councillor who had served less time than him.

The move caused furore and was branded political by many councillors who claimed that it had been used to prevent the leader of the Green Party on the council taking on the role

Now he has returned and admitted he could launch a legal challenge if the issue is not resolved.

An extraordinary meeting will take place next week where Mr Kerr and fellow councillor Mike Coppock hope the issue can be resolve.

However, Mr Kerr said: "A legal challenge is on the table, it is a possibility.

"In order to try and get to the bottom of this, and avoid any prospect of a legal challenge, independent councillor Mike Coppock and myself, have called for an extraordinary council meeting so the issue can be properly reconsidered, hopefully in the public arena so that the many residents who have expressed their support for me can make their views known.

"I hope all members of the council will see the wisdom in respecting the fair and equitable rules of the council."

On the basis of the council's constitution, Mr Kerr said he should be starting the year in May 2019 as deputy mayor and be mayor in 2020.

Unfair

Mr Kerr said he is not perfect but has done nothing to stop him from becoming deputy mayor, and has described the actions as totally unfair.

He added: "Whilst I was given leave by the council to work as a social worker in Uganda for two months, the members of the Conservative-controlled council made a surprise change to the rules and nominated a Conservative councillor, with less service than myself, to be deputy mayor.

"The draft minutes don’t record any reasons for this. Their actions are not just unfair, they may also be unlawful, because they contravene the principles of natural justice by denying me any opportunity to hear, and respond to, any genuine concerns.

"Settling a legal claim on this basis would be expensive, time-consuming and contentious for the council.

"I don’t claim to be perfect, but in my 40-year career in public service, I have done nothing that would preclude me from becoming the deputy mayor.

"I have served as a town councillor for nearly six years and during that time I have never been reported, or investigated, for any breach of the councillors' code of conduct.

"At the last election I not only increased my vote by some 30 per cent but received more votes than sixteen of the seventeen other members of the council.

"I have been told that this decision was not party political, but I have also been told that the Conservative councillors met as a group to agree their tactics."

Oswestry Mayor Sandy Best added: "I agreed to call the special meeting, and until the meeting there is nothing I can say."