Temporarily stood-down councillor Mark Lovett will not be required to pay back a debt owed to Mount Gambier City Council.
The decision to revoke the recommendation Cr Lovett backpay council was unanimously voted in favour by all other elected members present at City Council’s March monthly meeting.
In February Cr Lovett was stood down just three months into his term as an elected member of City Council.
He was among 45 other elected members and mayors across the state immediately removed from office for failing to lodge their campaign returns with the Electoral Commission of South Australia following last November’s local government elections.
As a result, Mr Lovett had been overpaid just under one month’s Elected Member Allowance.
The February monthly meeting highlighted the overpayment of council member allowance and potential recovery.
However, it was recommended a decision be deferred until after any appeal process and reinstatement processes had been exhausted.
In the meantime, the Local Government Association (LGA) of South Australia called for intervention and for urgent changes to the Local Government Act 1999 to reinstate the elected members.
Cr Lovett was absent from his first meeting after being reinstated to the role with Mount Gambier City Council.
He was an apology from the March monthly meeting where his reinstatement was formally passed with a unanimous vote in favour of his return.
In his recommendation Governance and Property manager Michael McCarthy said the back payment would be as if a casual vacancy had not arisen.
Cr Lovett will also resume his role as presiding member of the Junior Sports Assistance Fund.
“On March 9 the Local Government (Casual Vacancies) Amendment Act 2023 was passed.
“The effect of this Act is the office occupied by Cr Mark Lovett is not to be, and to never have been, vacant as a result of the ordinary operation of the Local Government Act 1999.”
Mr McCarthy said advice received from the LGA is that all payment of allowances and other entitlements may resume.
“Any payments applicable during the defaulting period are not to be recovered or withheld and so ‘backpay’ of allowances may be required.
“Members will note that it resolved the member allowance overpaid to Mark Lovett be pursued.
“Whilst there is no further action associated with this resolution as a result of the application of the Local Government (Casual Vacancies) Amendment Act 2023, Council may feel inclined to rescind that resolution to avoid any doubt or confusion that may arise from its inclusion on the enduring public record.
“Such revocation does not have the effect of retrospectively amending the February Council minutes, but rather, reflects that Council has reconsidered and rescinded that part of the resolution.”
Meanwhile, Grant District Council also welcomed back Cr Bruce Bain who was present as council’s monthly meeting on March 20.
