On 14 September 2024 the most recent scheduled state wide election of NSW local governments took place.
In the Clarence Valley 17 local residents and/or ratepayers put their names forward as candidates at that election and, the election itself was an unremarkable event at which 35,061 eligible residents, out of a possible 41,897 residential and non-residential electors enrolled in this area on 5 August 2024, cast their ballots for the nine vacated councillor positions.
By 2 October 2024 the election results were declared.
Listed in the order in which they reached the required quota or otherwise became eligible, the following nine candidates were declared elected for a four-year term:
Cristie YAGER (IND) - elected at the first count;
Peter JOHNSTONE (IND) - elected at the first count. Served on the previous council;
Greg CLANCY (GRN) - elected at the second count. Served on the previous council;
Ray SMITH (IND) - elected at the ninth count;
Allison WHAITES (IND) - elected at the eleventh count. Served on the previous council;
Shane CAUSLEY - elected at the eleventh count;
Lynne CAIRNS (IND) - elected at the fourteenth count;
Debrah NOVAK (IND) - elected at the fourteenth count. Served on the previous council; and
Karen TOMS (IND) - elected at the sixteenth count. Served on the previous council.
Thus far, like the other two tiers of government, Clarence Valley Local Government Area has resisted electing its leader by 'popular vote' and it is the councillors who chose the mayor who holds office for a two-year term.
On 3 October 2024, I remarked here that:
Hopefully Ray Smith will resist the urge to put his name forward for mayor. Being a former general manager of Grafton City Council is rather a poor recommendation in my opinion.
The five returning councillors and four new councillors ignored the stable from which Ray Smith sprang and elected him as Clarence Valley Council mayor.
Thus, seven months into his 24 month first term, Mayor Ray Smith's poor leadership and community communication skills has resulted in a growing rift between Council and valley residents/ ratepayers, along with barely concealed chaos at monthly council meetings.
The electorates growing dissatisfaction with both Mayor Smith and General Manager Laura Black came to a head during the Thursday, 20 February 2025 Ordinary Monthly Meeting at the first item of business after confirmation of the previous meeting's minutes:
5.1 General Manager - Annual Performance Review
Item Reference Number 2025.1384
Meeting Council 20 February 2025
Submitted by Ray Smith, Cr
Attachments None
SUMMARY
The review was completed in accordance with the OLG Guidelines on the Appointment and Oversight of General Managers. In accordance with the Guideline, this Mayoral Minute is the official report to Council on the General Manager's Annual Performance Review. It is not an opportunity to debate results or revisit the General Manager's performance review.
The annual period under assessment was October 2023 - October 2024. A facilitator from Local Government NSW was present to assist the panel in accordance with the Guidelines. The General Manager was assessed against Performance targets set by the former Mayor Peter Johnstone in conjunction with the General Manager at the start of the performance management period, in October 2023.
The Annual Performance Panel comprised the Mayor Ray Smith, Deputy Mayor Greg Clancy, Cr Cristie Yager and Cr Debrah Novak. Following a six month progress assessment being completed by the previous Council, by a panel comprising former Mayor Peter Johnstone, former Deputy Mayor Jeff Smith, Cr Karen Toms and Cr Debrah Novak.
PROPOSED MOTION
That Council
1. note the Annual Performance Management report from the Performance Management Review Panel.
2. endorse the recommendation from the Performance Management Review Panel to award the General Manager 2.5% performance pay increase under Clause 8.3 of the Standard Contract of Employment for General Managers of Local Councils in New South Wales with the increase backdated to 7 October 2024.....
BACKGROUND
The Panel agreed that the performance of the General Manager met, and in some instances exceeded targets. The Panel acknowledged the General Manager's leadership and positive impact on staff culture. The General Manager fosters strong relationships through accessibility, effective delegation, and consistent management practices. Staff feel supported and capable, and there is mutual professional respect between senior staff and the General Manager. Improvements in staff retention and engagement with the community have been noted, alongside a positive relationship with unions. Reporting to Councillors is generally satisfactory, with only minor delays. The leadership team's capability and the General Manager's proactive problem-solving are recognised. Overall, performance and engagement are steadily improving, supported by Council and the review panel.
The performance agreement, action plan and any associated records that contain specific information about the work performance or conduct of the General Manager are to remain confidential unless otherwise agreed to by the General Manager or are required to be disclosed by law. The unauthorised disclosure of this information may constitute a breach of the Act, the Council’s Code of Conduct and the Privacy and Personal Information Protection Act 1998.
At that point in the meeting Mayor Smith came face-to-face with evidence that the content of his motion and the glowing terms he applied to the current general manager were not universally shared by Clarence Valley residents.
Mayor Smith apparently took umbrage and decided to call NSW Police to attend that 20 February meeting.
A decision which did nothing to ease the tensions building between Council and the Clarence Valley local government electorate and which are being reflected during Chamber debates.
On 11 April 2025 at an Extraordinary Council Meeting, Council in the Chamber walked back the General Manager's high handed operational decision which had been one of the trigger points for community dissatisfaction - to evict long-term casual occupants from its four caravan parks at Brooms Head, Iluka, Minnie Water and Wooli - and voted for the recission motion (p 4 of 11 April 2025 Minutes) put forward by Crs. Cairns, Clancy and Yager.
The final form of the resolution reading:
COUNCIL RESOLUTION - 4.2025.2
Cr Cairns/Cr Clancy
That Council:
1. directs the General Manager to have all occupants who have long-term (casual occupation) agreements relating to the right to occupy moveable dwelling sites in Brooms Head, Iluka, Minnie Water and Wooli Holiday Parks and who have received notice advising them of the termination of their long term (casual occupation) agreements, written to informing them of the following:
a. council withdraws the current proposed termination notices of the long term (casual occupation) agreements for the moveable dwelling sites used by the long-term casual occupants in Brooms Head, Iluka, Minnie Water and Wooli Holiday Parks.
b. council provides delegation to the General Manager to retain the existing Long Term (Casual Occupation) occupants, and that Council will enter into new Long Term (Casual Occupation) Agreements, utilising the Occupation Agreement template, and this is to be carried out immediately.
c. council will consider any changes to the current site uses of the Brooms Head, Iluka, Minnie Water and Wooli Holiday Parks during the formulation of the Plans of Management, and with full involvement of the Traditional Owners in accordance with the Native Title Act 1993.
Voting recorded as follows
For: Cr Yager, Cr Clancy, Cr Cairns, Cr Smith, Cr Causley
Against: Cr Whaites, Cr Novak, Cr Johnstone CARRIED
Although this resolution gave some relief to those affected by the general manager's operational decision, it exacerbated the rift that had developed between councillors during Ray Smith's mayoral term and, has done little to alleviate concern's growing in relation to Mayor Smith's:
a) lacklustre personal commitment to the process of community consultation;
b) proposal to restrict Clarence Valley residents and ratepayers attendance at council meetings - in their capacity as community members - under an admission ticketing system;
c) apparent desire to sever the Clarence Valley's historical ties to the Northern Rivers region - presumably to 'protect' council from the terrible dangers of moving away from any NSW National Party agenda which survived the change of state government in 2023; and
d) encouragement of a divisive partisan atmosphere amongst councillors.
Neither has it alleviated the ongoing concerns of Lower Clarence communities in relation to urban development pressures resulting in ill-advised changes to topography within or adjacent to town and village boundaries resulting in permanent changes to flood water flows, nor the ongoing failure to address the disconnect between urban stormwater networks designed with an uncertain upper load capacity and the increasing number of properties being added to these networks.
BACKGROUND
Sunday Telegraph, 5 April 2025:
It was meant to be their golden years. Instead, elderly residents across four Northern Rivers caravan parks are gearing up for the fight of their lives, with officials rallying behind them as they battle to save their caravans from demolition.
The Daily Telegraph reported last month how Clarence Valley Council had advised more than 130 caravan owners – via a letter – that they needed to vacate their leased sites to make room for tourists.
Now, residents are considering legal action, while Nationals MP Richie Williamson and some councillors have pushed back against the decision to turf them all out by June 30....
Clarence Valley Independent, 26 April 2025:
Within minutes of it opening, the monthly Ordinary Meeting of Clarence Valley Council (CVC) on April 17 was prematurely adjourned following angry and emotionally charged outbursts by members of the public in the gallery.
It was the third month in a row CVC Mayor Ray Smith had been forced to call an adjournment.
Clarence Valley Independent 2 May 2025:
Ordinary and Extraordinary Meetings of Clarence Valley Council (CVC) could proceed in the future with limited public attendance after CVC Mayor Ray Smith spoke of his plans to contact the Office of Local Government this week.
When councillors met for the rescheduled monthly Ordinary Meeting of CVC at the Grafton Council Chambers on April 24, the Mayor was forced to adjourn proceedings on a number of occasions in the interests of the safety and wellbeing of councillors, council staff, members of the public seated in the gallery, and media personnel in attendance after a number of people continued to disrupt the event throughout the afternoon.
As he expressed his disappointment and reiterated previous comments made in relation to his acknowledgement of emotions and tensions running high within the local community following recent comments made by Councillor Debrah Novak during an Extraordinary Meeting of CVC on April 11 and other recent decisions made by Council, the Mayor said he cannot continue to adjourn meetings and subsequently delay council business which impacts other Clarence Valley residents.
Despite the presence of two security guards, Mayor Smith revealed he put forward a Notice of Motion to continue the rescheduled monthly Ordinary Meeting of CVC without the public being in attendance to enable Council to get through more than 20 items of business on the agenda without experiencing further interruptions.
It was carried 6-3.
The decision was made at the conclusion of another 15-minute adjournment while members of the public and Clarence Valley Independent journalist Emma Pritchard were outside the Grafton Council Chambers....
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