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Councillor obligations

Under the Local Government Act 1995, the council is responsible for the employment of the Chief Executive Officer (CEO) to manage the functions and operations of a local government. The Local Government (Administration) Regulations 1996 set out the minimum standards for CEO performance reviews.

As a council, there is an obligation to ensure that the performance review of the CEO has been carried out in accordance with those standards.

Check that process requirements have been met

A council must ensure that the:

• process by which the CEO’s performance will be reviewed has been agreed to between the council and the CEO in writing (clause 16(3))
• performance criteria to be assessed is part of the CEO’s contract and any additional criteria was agreed to in writing (clause 16(1)(b) and 16(3))
• review was carried out in an impartial and transparent manner (for example by using an independent consultant and/or a panel with an independent observer) (clause 17(1))
• evidence of the CEO’s performance was collected in a thorough and comprehensive manner (clause 17(2)(a))
• CEO’s performance was reviewed based on the evidence collected (clause 17(2)(b)).

Endorsing the review

A council must ensure that the:

• council endorsed the review by absolute majority (clause 18)
• CEO was informed in writing of the results of the review (clause 19(a))
• CEO was informed how the Council proposes to address and manage any performance issues identified (clause 19(b)).

Clauses listed above relate to the model standards for CEO recruitment, performance and termination as included in Schedule 2 of the Local Government (Administration) Regulations 1996.