REPORT TO: Council
MEETING DATE: Thursday 28 June
2018
FROM: General Counsel
Scott
Smith
SUBJECT: Position
of Chief Executive - Appointment of Acting Chief Executive
1.0 SUMMARY
1.1 The purpose of
this report is to ensure there is no ambiguity in relation to the appointment
of Mr Neil Taylor as Acting Chief Executive, and to clarify the delegated
authority Mr Taylor may exercise during his time as Acting Chief Executive.
2.0 BACKGROUND
2.1 The
Council’s former Chief Executive, Mr McLeod, resigned effective 5.00pm on
21 June 2018. Pursuant to a resolution of the Council made on 26 April
2018, Mr Taylor was offered employment as Acting Chief Executive and he
accepted that offer. As such, his employment is complete but the Council
has not formally noted it.
3.0 CURRENT SITUATION
3.1 While Mr Taylor
has taken up the offered position, it would be prudent for the Council to be
clearer about that appointment, and the delegated authority that Mr Taylor is
given during his time as Acting Chief Executive.
4.0 OPTIONS
4.1 The Council make Mr
Taylor’s appointment and delegated authority as the Council’s Acting
Chief Executive clear, by passing the resolutions recommended in this report
(or a variation thereof); or
4.2 The Council could
decline to do so, and leave the status quo to remain.
5.0 SIGNIFICANCE AND
CONSULTATION
5.1 This matter in
the context of the appointment of an Acting Chief Executive does not trigger
the significance or consultation policy.
6.0 ASSESSMENT OF
OPTIONS
6.1 If the status quo
was to remain, there would be a lingering ambiguity in relation to the
authority Mr Taylor may exercise. That ambiguity would most likely
manifest at the time that a decision of the Acting Chief Executive was being
challenged. That has the potential to undermine the smooth operation of
the Council and your intent in offering Mr Taylor the role of Acting Chief
Executive.
7.0 PREFERRED OPTION
AND REASONS
7.1 It is recommended
that you seek to remove any current ambiguity, and act to clarify the
matter. The recommended option is to confirm the appointment of and
delegated authority given to Mr Taylor by making the following resolutions.
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8.0 RECOMMENDATIONS
A) That the
report of the General Counsel titled “Position of Chief
Executive - Appointment of Acting Chief Executive” dated 28/06/2018
be received.
B) That the
Council welcomes Mr Neil Barry Taylor to the Council in the position of
Acting Chief Executive, and confirms that:
(i) That
pursuant to Section 42 of the Local Government Act 2002 the Council appoints
Neil Barry Taylor as Acting Chief Executive from 5pm on 21 June 2018 until
8am on the first day the new Chief Executive commences employment in that
role;
(ii) The
“Acting” aspect of Mr Taylor’s role is due to its limited
duration, and that in all other respects Mr Taylor is the Council’s
Chief Executive; and
(iii) During his time as Acting Chief Executive Mr Taylor has all of the
powers and duties of the Chief Executive, including all delegations made by
the Council to the Chief Executive (and any rights of sub-delegation that
attached to them).
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Attachments:
There are no attachments
for this report.
Hastings District
Council