The Chief Executive
Chief Executive of Council
Each council is to have a chief executive. The existing county managers became chief executives unless they retired or resigned.
References in existing legislation to county or city managers is to refer to chief executives. The functions of the county and city managers are transferred to the chief executive.
The Chief executive is also the chief executive of every joint body whose functional area is within the county. Where a joint body comprises two or more counties, then the chief executive of such other county as the Minister shall appoint shall also be the chief executive of the joint body.
The chief executive is responsible for the efficient and effective operation of the local authority and for ensuring the implementation without due delay of the decisions of the elected council.
The chief executive shall exercise and perform the executive functions of such local authority and, for that purpose, carry on, manage and control generally the administration and business of the authority.
Every function of the local authority which is not a reserved function is to be an executive function for this purpose.All matters and things, including making of contracts and affixing the official seal, as are necessary for the exercise and performance of the executive functions of a local authority shall be done by the chief executive on behalf of the authority.
Appointment
The chief executive is appointed by the elected members on the recommendation of the Public Appointments Service. The general provisions applicable to the recruitment of senior officers apply to the Chief Executive.
The Minister may make regulations relating to the procedures to be followed by local authorities in considering recommendations in relation to appointments. There is provision for dealing with the selection process, with safeguards for confidentiality. The Minister in making regulations is to have regard to any code of practice issued by the Commission for Public Service Appointments.
Removal or Suspension
The members of the council may, by resolution, suspend or remove from employment the chief executive for stated misbehaviour or, if removal appears necessary, for the effective performance by the local authority of its functions.
The elected members may also suspend the chief executive. There are detailed procedures relating to removal of the chief executive. At least a third of the members are required to propose a motion. There are provisions for submissions, due process and natural justice. Three quarters of the members must vote in favour of the resolution and they must take into account statements made by the chief executive.
A chief executive is not to be removed without sanction of the Minister. The Minister may appoint a panel of three persons to consider the removal and recommend whether sanction should be given. The panel is to be dependent.
A person appointed as chief executive holds employment until he dies or is removed or during the period of tenure specified by the Minister.There is provision for extension of the tenure of a chief executive after the periods for which they would otherwise expire.
Deputy
A local authority may appoint a deputy chief executive and may terminate such employment. A deputy chief executive is to act as chief executive for any period as may arise from time to time, whether by vacation, illness or other reason during which the chief executive is temporarily unable to act.
The Cathaoirleach of the local authority may appoint an employee to be deputy chief executive while the chief executive is unable to act. The Minister may appoint an employee if, for any reason, he is not appointed by the Cathaoirleach.
Executive Functions
Every function which is not a reserved function, is an executive function. The chief executive’s functions are performed in accordance with the policy of the local authority as determined by the elected members.
The chief executive acts by signed and date order in performing executive functions. Orders must be available to the elected members. An order must be supplied to every member on request.
The chief executive is to act on behalf of the council in legal proceedings. He or she may delegate functions to an employee. The function continues to be vested in the chief executive, and the delegation may be revoked. The elected council is to be notified of delegations.
Every document claiming to be certified in writing by a chief executive to be a true copy of an order by the chief executive or by a delegated employee is received in evidence without proof of signature of the person claiming to so certify. It is presumed to be what it claims to be until the contrary is shown.
Relationship with Members
Subject to law, the functions of a chief executive shall be performed in accordance with the policy of the local authority as determined by the elected council. The chief executive, in performing his functions, is to have regard to the views of the elected members as expressed by way of meetings of the council, municipal district council members, committee or responses in writing to any request for input to the development by the local authority of a new policy or by the amendment of an existing policy.
The chief executive shall, when requested by the elected members, report on the actions already taken and planned to be taken in the exercise of the executive functions of the council. He shall review implementation of  any actions planned to implement any executive function and report to the council on the matter.
A chief executive may attend at meetings of the local authority or committee meetings if requested. He is to advise and assist the elected members and arrange for attendance of relevant staff.