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LOCAL GOVERNMENT ACT 2009 - SECT 170 Giving directions to local government staff

LOCAL GOVERNMENT ACT 2009 - SECT 170

Giving directions to local government staff

170 Giving directions to local government staff

(1) The mayor may give a direction to the chief executive officer.
(2) However, a direction under subsection (1) must not be given if—
(a) it is inconsistent with a resolution, or a document adopted by resolution, of the local government; or
(b) it relates to the appointment of a local government employee under section 196 (3) ; or
(c) it relates to disciplinary action by the chief executive officer in relation to a local government employee under section 197 or a councillor advisor; or
(d) it would result in the chief executive officer contravening a provision of an Act.
(3) No councillor, including the mayor, may give a direction to any other local government employee, except in accordance with guidelines made under section 170AA about the provision of administrative support to councillors.
(4) The mayor or another councillor must not give a direction in contravention of subsection (2) or (3) .
Note—
Contravention of this subsection is misconduct that could result in disciplinary action being taken against the councillor. See sections 150L (1) (c) (iii) , 150AQ and 150AR .
(5) The chief executive officer must—
(a) keep a record of each direction given to the chief executive officer; and
(b) make available to the local government each direction mentioned in paragraph (a) .