Redland City Mayor Karen Williams has stood aside after police charged her with drink driving and questions have been raised about what happens next.
Police allege Cr Williams had a 0.177 blood alcohol percentage and charged her with high-range drink driving after she crashed her car in Cleveland.
As politicians publicly condemn her actions and calls for the mayor's resignation grow throughout the community, most Redland Councillors have stayed quiet on the matter.
With petitions calling for her ousting at a state level and talk of a vote of no confidence in Council, the local government department has answered the Redland City Bulletin's questions about the mayor's future and what could happen in Council.
A spokesperson for the local government department said it was not possible to remove the Mayor from her post for drink driving as it was not considered an integrity offence.
"Drink driving offences are not integrity offences under the Local Government Act 2009 meaning Cr Williams is not disqualified from holding office because of this charge," the spokesperson said.
They could not comment further on the matter as the court process into the allegation continues.
A parliamentary petition calling for local government minister Steven Miles to sack Cr Williams had more than 6333 signatures of support on Wednesday morning.
Mr Miles ruled out seeking advice about the mayor until legal proceedings were finalised.
Division nine Councillor Adelia Berridge said she would move a motion of no confidence against the Mayor at the next general council meeting on July 20.
It is believed Cr Williams will not attend the meeting, having stood aside from her role as Mayor leading up to her court date of August 1.
Under the Local Government Act 2009, motions of no confidence are not provided for and are done in accordance with Council's meeting procedures.
However, if a majority of Councillors vote against Cr Williams it could add pressure on the Mayor to resign.
Cr Berridge said she wants a by-election.
"We've got two years to run. We can't run like this. This is dysfunctional."
Under section 165 of the LGA, the Deputy Mayor acts as Mayor during absences, temporary incapacities and when the office of the mayor is vacant.
Under section 164 of the Local Government Act 2009, a vacancy in the office of a mayor would generally be filled by a by-election, except in the final 12 months of the term.
The next council election is expected to be held in March, 2024.
If resignation came within 12 months of the local government election, council could appoint another councillor to the office of mayor.
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