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Chief executive (Irish local government)

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The Chief Executive of a city or county is the senior permanent official in local government in the Republic of Ireland. Whereas the county council and city council are elected officials who formulate policy, the chief executive is an appointed official who manages the implementation of policy.[1] The position was introduced in 1929–42 based on the American council–manager government model, and until 2014 the chief executive was styled the county manager or city manager. Their salaries range from €132,511 to €189,301 per annum.[2][3] The County and City Management Association (formerly the County and City Managers' Association) is the professional association for chief executives,[4] and it is affiliated to the International City/County Management Association (ICMA).[5]

History

The Local Government (Ireland) Act 1898 established elected county and town councils with executive authority, with the Local Government Board for Ireland having the power to dissolve councils which did not comply with their statutory obligations. After the Irish Free State was established in 1922, the Local Government Board's functions were taken by the Minister for Local Government.[6] During and immediately after the Irish Civil War, the Minister dissolved several councils, including those of Dublin and Cork cities, and replaced each with an unelected commissioner. In both cities, there was a body of opinion that the services provided by the councils were delivered more efficiently and fairly under the commissioners than under the previous system, where the executive function had been, in effect, vested in the councils and their committees.

In 1926, a committee of commercial and industrial interests in Cork came together to consider a scheme of city government. Having regard to the city's experience of commissioners and recent experience in the United States, a council–manager government was proposed. After discussion between the minister for local government and local representatives, the minister, Richard Mulcahy, introduced as a government measure, The Cork City Management Bill, 1929, and it became law despite opposition. The first Cork city manager, Philip Monahan, had previously been the commissioner who replaced Cork Corporation and before that Kerry County Council. The minister proposed and the Oireachtas enacted similar provision for Dublin in 1930. Similar laws were passed under the next, Fianna Fáil, government for the other two county boroughs: Limerick in 1934 and Waterford in 1939. The previous office of town clerk was superseded by the new manager, except in Cork where it remained separate until 1941.[7] The county (Management) Act, 1940, which commenced in August 1942, extended the manager system from the urban county boroughs to the rural administrative counties. The system was modified also in subsequent legislation, particularly the City and County Management (Amendment) Act, 1955, which made some adjustments to give greater power to the council members.

Under the 1940 act, a county manager was the manager of every borough or municipal town in that county, but from the 1990s had the power to delegate these functions to any other officer of that borough or town council. The Borough of Dún Laoghaire, with nearly the level of autonomy as a county borough, had a borough manager from its 1930 creation. Initially, six pairs of smaller counties shared a manager; the last such case was Laois and Offaly, split in 1982.[8] On several occasions, the Minister for the Environment has suspended a fractious elected council, leaving the manager to run its affairs until the next local elections.[9] The split of Galway city from County Galway in 1985, and of County Dublin into three counties in 1993 saw separate managers appointed. A 2010 report commissioned by the Government suggested reducing the number of county managers from 34 to 24.[10][11] The mergers of three pairs of county/city councils in 2014 were preceded by the appointment of joint managers from 2012.[12]

Under provisions of the Local Government Reform Act 2014, the position of "County/City Manager" was replaced by that of "Chief Executive". Existing managers became the initial chief executives, with county/city councils gaining the power to veto subsequent appointments and to remove a chief executive for "stated misbehaviour".[13][14] The Local Government Act 2019 as passed provides a single chief executive for the two adjoining local authorities of Galway city and County Galway.[15] The then government intended this to be in preparation for a full merger of the Galway councils in 2021, a proposal held up by opposition within the Oireachtas.[16]

Functions

The chief executive performs the executive functions of the county or city council and has the ultimate responsibility for ensuring the local authority operates smoothly and for carrying into effect policy decisions of the elected council. He or she supervises, co-ordinates, manages and pays the employees and officers of the council. He or she also makes contracts on behalf of the council and affixes the official seal of the council on documents. The current legislation governing chief executives is Chapter 2 of Part 14 of the Local Government Act 2001, as substituted by the Local Government Reform Act 2014.[17] It is normal practice in Ireland that the chief executive of a local authority will delegate some functions to other staff in the local authority. The elected county or city council must be notified of any delegated functions. However, the chief executive still remains responsible for the acts of the delegate and can take back (i.e., revoke) a responsibility that has been delegated.

Entering and leaving office

Chief executives are recruited through a competitive recruitment process organised by the Public Appointments Service and formally appointed by the Minister for Housing, Local Government and Heritage. Once appointed, the chief executive will remain in office for a term of 7 years (although this can also be extended by an additional three years). The retirement age for County or City Managers is 65.[1] If a Council wishes to suspend or remove a chief executive, a resolution must be passed by the council. At least three-quarters of the Councillors vote for the resolution after 21 days' notice. The Minister may appoint a panel to determine the proposal, or may sanction the removal of the chief executive. Local Government Reform Act 2014 Sec 146

Deputy chief executives

As well as the chief executive, some counties and cities also have Assistant/Deputy chief executive. After consultation with the head of the elected council (Cathaoirleach or Mayor) the chief executive may appoint a Deputy chief executive to act on their behalf while they are on leave or absent.[18] In situations where the post of chief executive becomes vacant, the Minister for Housing, Local Government and Heritage must appoint someone temporarily.[19] This temporary appointment will continue until a permanent appointment is made. It may however, be terminated at any time.

See also

References

Sources

Irish Statute Book acts as originally enacted
  • "Local Government (Temporary Provisions) Act, 1923". 28 March 1923. Archived from the original on 22 July 2015. Retrieved 21 July 2015.
  • "Ministers and Secretaries Act, 1924". 21 April 1924. Archived from the original on 22 July 2015. Retrieved 21 July 2015.
  • "Local Government Act, 1925". 26 March 1925. Archived from the original on 22 July 2015. Retrieved 21 July 2015.
  • "Local Authorities (Officers and Employees) Act, 1926". 28 July 1926. Archived from the original on 22 July 2015. Retrieved 21 July 2015.
  • "Cork City Management Act, 1929". 23 February 1929. Archived from the original on 22 July 2015. Retrieved 21 July 2015.
  • "Local Government (Dublin) Act, 1930". 17 July 1930. Archived from the original on 23 July 2015. Retrieved 22 July 2015.
  • "Limerick City Management Act, 1934". 6 September 1934. Archived from the original on 23 July 2015. Retrieved 22 July 2015.
  • "Waterford City Management Act, 1939". 8 August 1939. Archived from the original on 22 July 2015. Retrieved 22 July 2015.
  • "County Management Act, 1940". 13 June 1940. Archived from the original on 22 July 2015. Retrieved 21 July 2015.
  • "City and County Management (Amendment) Act, 1955". 21 June 1955. Archived from the original on 22 July 2015. Retrieved 21 July 2015.
  • "Local Government Act, 2001". 21 July 2001. Archived from the original on 4 February 2014. Retrieved 21 July 2015.
  • "Local Government Reform Act 2014". 27 January 2014. Archived from the original on 22 July 2015. Retrieved 21 July 2015.
Other

Citations

  1. ^ a b "County/City Manager". citizensinformation.ie. 24 June 2010.
  2. ^ "Current local authority scales - Management grades". Archived from the original on 26 March 2013. Retrieved 28 April 2013.
  3. ^ "Peter Hynes to be appointed new County Manager". The Mayo News. Retrieved 26 April 2013.
  4. ^ "County & City Managers' Association". Archived from the original on 21 May 2013. Retrieved 28 April 2013.
  5. ^ "ICMA Home". Archived from the original on 11 May 2013. Retrieved 28 April 2013.
  6. ^ Local Government (Temporary Provisions) Act, 1923 §12; Ministers and Secretaries Act, 1924, Schedule, Third Part Archived 22 July 2015 at the Wayback Machine Local Government Act, 1925 §72
  7. ^ Local Government (Dublin) Act, 1930, Section 47; Limerick City Management Act, 1934, Section 13; Waterford City Management Act, 1939, Section 12 (2); Cork City Management (Amendment) Act, 1941, Section 11
  8. ^ Murphy, Donal A. (1994). The two Tipperarys: the national and local politics, devolution and self-determination, of the unique 1838 division into two ridings, and the aftermath. Relay. pp. 176, 202. ISBN 978-0-946327-13-3 – via Internet Archive.
  9. ^ Collins, Neil (1987). Local government managers at work: the city and county manager system of local government in the Republic of Ireland. Dublin: Institute of Public Administration. ISBN 0-906980-60-7.
  10. ^ "Report of the Local Government Efficiency Review Group" (PDF). RTÉ News. July 2010. Archived from the original (PDF) on 26 October 2012. Retrieved 27 April 2013.
  11. ^ "Report of the Local Government Efficiency Review Group - Executive Summary" (PDF). RTÉ News. July 2010. Archived from the original (PDF) on 21 April 2014. Retrieved 28 April 2013.
  12. ^ Local Government (Miscellaneous Provisions) Act 2012, Part 4
  13. ^ "Bill to slash town councils and halve number of councillors". The Irish Times. 17 October 2013.
  14. ^ Local Government Reform Act 2014, §§144–146
  15. ^ "Local Government Bill 2018 [As Initiated]" (PDF). Oireachtas. 25 July 2018. s.32. Retrieved 4 September 2018.
  16. ^ "Written answers; Department of Housing, Planning, and Local Government; Local Authority Funding". kildarestreet.com. 13 May 2020. Retrieved 11 July 2020.
  17. ^ Local Government Reform Act 2014, §54
  18. ^ County Management Act, 1940, §15
  19. ^ Local Government Act 2001, §148
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