An outspoken councillor was practically obliged to be quiet when it counted, as plans for the contentious Dunedin cycleway project were axed.
Cr Jim O’Malley’s non-participation in a vote about Albany St followed legal advice and it turned out to be crucial - his colleagues voted 7-7 and Dunedin Mayor Jules Radich then used his casting vote to end the project’s progress.
Cr O’Malley had recused himself from an Albany St hearing this month after doubts were raised about his ability to keep an open mind, given he publicly criticised businessmen who fought the potential loss of carparks.
The same logic held at yesterday’s council meeting, so Cr O’Malley sat back from the table as the item was discussed.
However, he injected himself into proceedings twice, objecting to the mayor’s participation in the matter.
Cr O’Malley claimed public statements by Mr Radich exposed the council’s decision-making process to a judicial review "as badly as any of the public statements I made".
Mr Garbett did not see a clear conflict for the mayor.
The debate then continued, but Cr O’Malley was not done.
Just before the vote, he took issue with Mr Radich’s speech, particularly noting the mayor had talked to property owners and investors, and also that property owners had helped fund Mr Radich’s 2022 election campaign.
Cr Bill Acklin called a point of order, as Cr O’Malley had withdrawn from the discussion and yet was "trying to have influence over the outcome".
The point of order was never ruled upon and the council received further legal advice behind closed doors.
The vote was then allowed to occur - the mayor participated and Cr O’Malley did not.
