THE embattled City of Perth may still have to pay Lisa Scaffidi her six-figure allowance even though the Lord Mayor stood down from official duties to secure a stay of her disqualification from office.

In a chaotic and confused day for WA’s supposed premier council, the Lord Mayor agreed to step aside from her official duties, in return for State solicitors agreeing to put her 18-month disqualification on hold until an appeal can be heard in WA’s highest court.

After the Court of Appeal approved the agreement on Thursday, Local Government Minister David Templeman demanded Ms Scaffidi hand back the chains of office, saying that in his mind she was no longer Lord Mayor — and he would not be calling her that.

But advice to council executive was the Local Government Act states the Lord Mayor is entitled to the core salary of the position — which in the last financial year totalled $135,909 — because she holds the office, not because she performs the duties of that office.

The role is officially still Ms Scaffidi’s because she has not been disqualified, suspended or lost an election.

She could also keep the salary if she chooses.

Ms Scaffidi had not confirmed whether she would still be accepting the salary last night but a defiant statement attacked Mr Templeman, via Twitter, saying his words were “incorrect and disrespectful”. “I have not stood down from the office. The agreement is that I have stood down from my duties. I retain the office of Lord Mayor,” Ms Scaffidi said.

“If the minister is unhappy with the agreement that was reached, he should take it up with the CEO and his legal advisers rather than continue to bleat about me.”

She said she taken the step back “in order to put the interests of the City of Perth before my own”.

Ms Scaffidi’s appeal against the guilty findings in the State Administrative Tribunal of 45 serious breaches over non-disclosure of gifts and travel will be heard sometime soon after November 1.

An appeal against the 18-month disqualification penalty will be heard at the same time.

"I think there would be a general view by many people that if you’re not fulfilling the role, you don’t get paid for it,” Mr Templeman said.

In the interim, Deputy Lord Mayor James Limnios will be the acting Lord Mayor. He agreed the council had become a “joke” in the eyes of many.

“I hear that from our staff, I hear it every day when I walk in the street,” Mr Limnios said.