Recovery of overpaid allowance to a former councillor will be a topic of discussion when Mount Gambier City Council meets this evening.

Councillor Mark Lovett (pictured) has been stood down after it was revealed he was among 45 councillors across SA who failed to lodge their campaign returns with the Electoral Commission of South Australia following last November’s local government elections.

As a result, it has been revealed Mr Lovett has been overpaid just under one month’s Elected Member Allowance.

Chief Executive Sarah Philpott received notification from Electoral Commissioner Mick Sherry, that Mr Lovett was required to vacate his office in accordance with the ‘casual vacancy’ provisions set out in the Local Government Act 1999.

Council Governance and Property manager Michael McCarthy will table a report for council’s consideration when they meet.

“The administration has taken immediate necessary action to address Mr Lovett ceasing to be an elected member, including the withdrawal of access to council resources such as councillor email, member extranet, removal of details from the council website, and other relevant administrative matters,” Mr McCarthy said.

Under the Local Government Act 1999, failure to lodge a campaign return means a councillor is required to vacate their office barring a successful judicial appeal to the South Australian Civil and Administrative Tribunal.

In her report, Mr McCarthy highlighted the overpayment of council member allowance to Mr Lovett and potential recovery.

“The timing of monthly payments of Council Member Allowances, half in arrears and half in advance at the beginning of each month, an overpayment has been made of just under one month’s allowance,” Mr McCarthy said.

Mr McCarthy said council might consider whether such payment is “proper”, however recommended a decision be deferred until after any appeal process.

“Council should turn its mind to the potential recovery of this overpayment,” Mr McCarthy said.

“In considering this, council might consider whether or not such payment is proper in all the circumstances and may in theory be a debt due to council.

“On the other hand, council may consider that work was performed, and value provided during the period from January 24 until receipt of the Electoral Commissioners notification on February 10 in the belief that he was still a council member, including attendance at the council meeting held on January 24.

“In any event, a prorata amount from February 10 to the monthly anniversary of the election certification, 21st of the month, has been overpaid.

“This report recommends the council determine the recovery period of councillor allowance, to be deferred until after any appeal processes have been exhausted.

“If Mr Lovett is not re-instated, such recovery be pursued as a debt from council.

“Alternatively, council may determine as a policy position to not recover overpaid allowance given the extraordinary circumstances.”

In his report Mr McCarthy has recommended that recovery of overpaid allowance be considered, but deferred until after any appeal and reinstatement processes have been exhausted.

In the meantime, Mr McCarthy said council administration had taken actions to remove Mr Lovett from office and will follow the Electoral Commission’s lead on any actions to fill the resulting casual vacancy.

“At this stage the arising of a casual vacancy is a matter of the application of law on the basis of facts as presented by the Electoral Commissioner,” he said.

“It is not proposed that council engage in any active communication on this matter whilst potential appeal and re-instatement processes are under way.

“This is not a matter for determination by the Electoral Commissioner, the chief executive officer, or council, but an application of the law.”

Mr McCarthy said the resulting casual vacancy may require a ‘count back’ process or alternatively a supplementary election.

Meanwhile, Mr McCarthy reported the resource implications for a ‘count back’ or supplementary election may be considerable.

“The resource implications from the Electoral Commission’s administration of a ‘count back’ or supplementary election, if required, to fill the resulting vacancy may be considerable.

“(Though) not quantified at this stage, could range from several thousand to tens of thousands of dollars.”

Mr McCarthy said the determination of process and cost will be a matter for the Electoral Commissioner, and that council will be notified in due course as any information becomes available.

During his short term as councillor Mr Lovett was elected as presiding member of council’s Junior Sports Assistance Fund.

A separate report is being presented at council’s February monthly meeting to appoint a new presiding member to fill the vacancy left by Mr Lovett.