Suspended Lord Mayor Lisa Scaffidi will continue to be paid more than $1000 a week, despite being “incapable” of fulfilling her elected role.

City of Perth commissioners will decide on Tuesday night whether Ms Scaffidi should have her lord mayoral allowance cut to the minimum amount of $60,900 a year from her current payment of $135,909, which is the maximum under a Salaries and Allowances Tribunal determination.

But the decision will come after legal advice sought by the commissioners, which found they could not stop the annual allowance being paid.

Instead, City staff have recommended it be cut to the lowest possible amount.

“Council only has discretion to set an amount within this range and therefore does not have powers to withhold payment of the lord mayoral allowance,” City staff wrote in a report to commissioners.

But the report said the council did have the power to strip Deputy Lord Mayor Jemma Green of her allowance of $33,977.

Pay for suspended councillors will also be debated by commissioners on Tuesday, with the administration recommending changing payment from an annual salary to an individual meeting allowance.

Under the proposed scheme, councillors are paid only for meetings they attend and while they are suspended and not attending meetings they will not be paid.

“The allowances and attendance fees as detailed in the Local Government Act 1995 detail that elected members are to be compensated for the performance of their role,” the City said.

“Given that all elected members have been suspended at this time, they are incapable of performing the functions and representation requirements required of the role.”

Also up for debate will be a request by Cr James Limnios for reimbursement of legal fees for representation in a Corruption and Crime Commission investigation of him after Cr Reece Harley accused him of bribery last year.

The final CCC report made no opinion on the allegation of serious misconduct against Cr Limnios.

City administration has recommended Cr Limnios be reimbursed up to $10,000 for legal costs, because his request had satisfied requirements under City of Perth policy

But a joint legal fee reimbursement request by Cr Lexi Barton, Cr Green and Cr Limnios as well as a second request by Cr Green were both refused.

Both Ms Scaffidi and Cr Limnios were contacted for comment.