The state department responsible for overseeing local government says Cr Sycopoulis did not breach rules by participating in the meeting. 

Cr Sycopoulis was granted leave from September 26 until November 16 and was listed as an apology on Monday night’s Warrnambool City Council agenda.

But his attendance helped ensure ally Cr Peter Hulin be appointed acting mayor. His vote also secured Cr Brian Kelson’s plan for free off-street parking during the festive season.

Under the Victorian Local Government Act, councillors must not participate in meetings or act as councillors if they are forced to take leave, for example by order of the Victorian Civil and Administrative Tribunal if charged by a court for certain offences. 

In that situation a councillor is still entitled to receive their allowance, but must return all council equipment.

But there is nothing stopping councillors who have requested leave from attending meetings. 

The state government is reviewing the act which is believed to include clauses relating to councillors’ requests for leave and clear guidelines around their role during that period. 

Cr Sycopoulis applied for leave because he was interstate last week and will be overseas later this week. 

“I was in a position to attend the ordinary meeting,” Cr Sycopoulis said. 

“As a paid, elected representative it is ridiculous to think that I would be sitting at home when I should be fulfilling my role as the community expects me to do.”