The Department of Housing and Local Government has changed its position on rules about public servants running for elected office clearing the way for two Kerry candidates to contest the local election in June.
Cllr Martin Grady and Sinn Féin candidate Damian Quigg are retained fire fighters within Kerry County Council’s fire service and had been deemed ineligible to contest the election due to their jobs.
A circular last December from the Department of Local Government stated that local authority employees, who earn more than the maximum salary paid to a clerical officer, may not contest elections.
The circular, stated that where a retained firefighter wishes to pursue nomination for local elections - their total earnings for the previous year will be used to determine eligibility under the provisions.
Independent Cllr Martin Grady indicated his intention to contest the issue in the courts and the issue was due before court tomorrow morning in Tralee.
Former Cllr, and current Sinn Féin candidate for the Kenmare LEA, Damien Quigg said he was contesting the issue through his union.
However in a new circular issued to local authorities today the department now states that only a firefighters basic salary will be used to define their eligibility under the Local Government Act 2001.
The updated circular states that the maximum basic salary under the act refers to the highest point on the relevant basic salary pay scale, exclusive of overtime, call out or incident attendance payments and/or any allowances.
Both Cllr Grady and Damien Quigg had contended that as they are part time firemen his guaranteed salary is well below the amount paid to a clerical officer; while the rest is based on the probability of call outs.
