Officers
Chapter 4: Functions of the Chief Executive, Monitoring Officer, Chief Finance Officer and Corporate Directors
Section 4.1: The Chief Executive
The Chief Executive is appointed as Head of Paid Service under s 4 of the Local Government and Housing Act 1989 to carry out the Council’s statutory obligations to report to the Council as appropriate with regard to the way in which the overall discharge by the Council of its different functions is co-ordinated, the number and grades of staff required for the discharge of these functions, the way in which these people are organised and managed, and the way in which they are appointed under that Act. This post is responsible for the corporate and overall strategic management of the Council as a whole and is responsible for establishing a framework for management direction, style and standards and for monitoring the performance of the Council. Its overriding responsibility is to the Council and not to the Mayor, any party-political group, or other grouping of Members. It must report to and provide information for the Executive, the full Council, the Overview and Scrutiny Committee and other Committees. The Political neutrality of the office holder must be respected at all times.
(a)Working with the Mayor.The Chief Executive works closely with the Mayor to assist in the development of the Mayor’s strategic policy and to ensure that such is then put into practice and, in that regard, will:
(i) Strategic direction.Ensure that the Mayor and Council’s priorities and goals can be implemented in a timely, efficient and innovative way through focused strategies, projects and programmes.
(ii) Policy advice.Act as the principal policy adviser to the Mayor and Members and will secure the best professional advice on all relevant matters in respect of the Council’s functions and services.
(iii) Partnerships (internal).Develop a professional partnership with the Mayor and Members to ensure that the Council’s vision, goals and core values are made reality and to provide a clear sense of direction, optimism and purpose and marshal the resources of the whole organisation to this end.
(iv) Partnerships (external).Assist the Mayor in partnership working by taking the lead in developing effective partnerships at management level with other public agencies, private companies and local community organisations to achieve better public services and improved results for local people.
(b) Emergency or Extreme Urgency
(i) The Chief Executive may exercise any executive function in cases of emergency or extreme urgency whether or not reserved to the Mayor and following the exercise of such power will provide a written report to the Mayor setting out the decision taken and the reason for it including the reasons for emergency or extreme urgency.
(ii) The Chief Executive may exercise any non-executive function in cases of emergency or extreme urgency whether or not reserved to the Council and following the exercise of such power will provide a written report to the Council setting out the decision taken and the reasons for it, including the reasons for emergency or extreme urgency.
(c) Ensuring overall correctness of decision making
The Chief Executive is also responsible for ensuring that all decisions made by the Mayor and the reasons for them are made public and will ensure that Council Members are aware of decisions made by the Mayor and of those made by officers who have delegated executive responsibility.
If the Chief Executive considers that any proposal, decision or omission raises a significant concern it must be reported in writing to the Mayor in relation to an executive function or to the Council in relation to a non-executive function. Such a report will have the effect of immediately stopping the proposal or decision being implemented until the report has been considered. The report must be considered within 21 days at a meeting of either Council or the Mayor/Mayor in Cabinet as appropriate.
As soon as practicable after either the Council or the Mayor/Mayor in Cabinet has considered this report, it shall prepare and publish a report that will include;
(i) what action it has taken in response to the report
(ii) what action it proposes to take in response to the report and when it proposes to take that action;
(iii) the reasons for taking that action, or the reason for not taking any action.
The exercise of this function needs to be considered in conjunction with the Monitoring Officer ensuring lawfulness and fairness of decision making and the Chief Finance Officer to ensure lawfulness and financial prudence of decision-making.
(d)Management Structure.The Chief Executive will determine and publicise a description of the overall structure of the Council showing the management structure and deployment of officers.
(e)Restrictions on functions. The Head of Paid Service may not be the Monitoring Officer, but may hold the post of Chief Finance Officer if a qualified accountant.
Section 4.2: Deputy Chief Executive
Should the Chief Executive be unavailable for any reason, their designated Deputy Chief Executive may undertake any function and/or take any decision which is the responsibility of the Chief Executive.
Note – the role of Returning Officer is designated to the Chief Executive personally and not to the post and so these responsibilities cannot be delegated to the Deputy Chief Executive.
Section 4.3: Functions of the Monitoring Officer and Director of Legal
The Director of Legal is appointed under the provisions of s 5 of the Local Government and Housing Act 1989 to be the Council’s Monitoring Officer and to carry out the Council’s statutory functions under that Act in respect of matters of legality, conduct, and probity. The Monitoring Officer may not be the Head of Paid Service or the Chief Finance Officer, but will liaise as appropriate with the Head of Paid Service in the discharge of their functions.
The Monitoring Officer is a member of the Corporate Leadership Team with a direct reporting line to the Chief Executive.