Constitution Part 3 - Chief Executive

7. Chief Executive

7.1 The Chief Executive leads, manages and directs the senior management team to promote a corporate, co-ordinated, cross-functional approach towards strategy and policy development and the delivery of services for Hartlepool. The Chief Executive is responsible and accountable to the Authority and provides clear leadership in order to maintain and achieve sustained improvement in Authority performance, efficiency and service delivery. The Chief Executive represents the Authority within the local community and at a regional and national level to promote the social, economic and environmental wellbeing of Hartlepool.

7.2 In addition to the general delegations set out in section 6 of the scheme, the Chief Executive is authorised to exercise the following specific functions: 

General

No Delegation
CE1 To exercise any function delegated to the Executive Directors, Directors and Chief Officers, provided s/he is not prohibited from doing so by any other legal or constitutional requirement. 
CE2

To approve and make necessary in-term changes to the plans and strategies included in the Policy Framework following sign-off by Full Council unless the change would:

  • have a budgetary impact outside of the financial regulations framework;
  • have an impact on other strategic plans; and / or, involve the insertion or deletion of a key objective from the plan. 
CE3 To determine attendance by Elected Members at non-local events either not included in the approved list of conferences, seminars and meetings, or where the Elected Member is not specified on the approved list, together with any reasonable associated costs. 
CE4 To determine attendance of Executive Directors, Directors and Chief Officers at events not on the approved list of conferences, seminars and meetings. 
CE5 To determine any requests in connection with the use of office accommodation within any of the Authority’s establishments, together with matters relating to Bank Holiday and other closures of the Civic Centre and other administrative buildings. 
CE6 To determine all matters relevant to the discharge of the Authority’s civic and ceremonial functions, including the replacement of civic vehicles and the provision of appropriate hospitality which may be necessary to facilitate the efficient discharge of the Authority’s functions in this area. 
CE7 To act as the Authority’s representative on Joint Committees and Partnership Boards and to exercise all decision making powers in consultation with the Leader of the Council, as required under the Authority’s governance arrangements. 
CE8

In consultation with the Leader (or in his/her absence the Deputy Leader), Chair of the relevant Committee (or in his/her absence Vice Chair(s)) Monitoring Officer and Section 151 Officer, the Chief Executive (or in his/her absence the authorised Executive Director/Director) may take a decision normally reserved to Full Council or a Committee where:

  • (a) Failure to take the decision quickly would, or would be likely to, harm the interests of the Council and the public.
  • (b) The decision is so urgent that it cannot wait until the next meeting of the Committee at which the decision would normally be taken.

The decision together with the reason as to why it was determined urgent must be recorded on an Officer Decision Record. The record of urgent decisions will be held by the Democratic Services team and will be made available for inspection.  Following the decision, it be reported to the next meeting of the relevant committee explaining:

  • the decision;
  • the reasons for it; and
  • the reasons why the decision was treated as a matter of  urgency
CE9 In exceptional circumstances, such as a global pandemic, the Chief Executive, in consultation with the Leader and the Ceremonial Mayor, may postpone convened meetings of Full Council (including Committee Meetings). 
CE10

In consultation with the Chair of Finance and Corporate Affairs Committee and authorised Executive Director/Director, the Monitoring Officer and Section 151 Officer may take a decision which is contrary to the policy framework or contrary to or not wholly in accordance with the budget approved by Full Council, if the decision is a matter of urgency.

However, the decision may only be taken:

  • (a) if it is not practical to convene a quorate meeting of the Full Council; and
  • (b) if the Ceremonial Mayor acting as Chair of the Council, in consultation with the Monitoring Officer agrees that the decision is a matter of urgency. In the absence of the Chair of the Council the approval of the Vice-Chair of Council, will be sufficient.

The decision together with the reason as to why it was determined urgent must be recorded on an Officer Decision Record. The record of urgent decisions will be held by the Democratic Services Team and will be made available for inspection. Following the decision, it be reported to the next meeting of the relevant committee explaining:

  • the decision;
  • the reasons for it; and 
  • the reason why the decision was treated as a matter of urgency.
CE11 The appointment and dismissal of, and taking disciplinary action against, officers below the level of Chief Officer (excluding political assistants). 
CE12 Ensure that all staff are aware of the existence and content of the Officer Delegation Scheme and they comply at all times with the general principles set out in the Officer Delegation Scheme. 
CE13 In consultation with the Director of Legal, Governance and Human Resources, to take decisions on managing access to the Authority in the event of unacceptable behaviour in accordance with the Authority’s Managing Unreasonable Behaviour Policy. 
CE14

Make decisions on a robust and self-funded business case as set out in the Financial Procedure Rules, ensuring they comply with the Principles of Decision Making as set out in the Articles, and is in accordance with the Budget and the plans and strategies in the Policy Framework, if relevant, and does not add a recurring financial commitment to the General Fund budget. This delegation shall be exercised by the Chief Executive, with agreement from:

  • Director of Finance, IT and Digital and;
  • Director of Legal, Governance and Human Resources  In consultation with:
  • Chair of Finance and Corporate Affairs Committee, and;
  • Chair of the relevant Committee responsible for service area.  

This delegation will also apply where revisions are needed to existing business cases (whether delegated or approved at the relevant committee) but where such revisions still meet the objectives of the original business case and the tests above are satisfied.

Details of business cases approved, or amendments to previously approved business cases, shall be reported to the next scheduled meeting of the Finance and Corporate Affairs Committee for information. 

CE15 To determine requests to hold open-air services of a religious or similar nature, except for marriages, should such a request be of a controversial nature. 
CE16 The final decision, post consultation, on any staffing proposals requiring compulsory redundancy of one or more staff (excluding statutory officers). 
CE17 Special severance payments of £20,000 and above, but below £100,000, must be personally approved and signed off by the Head of Paid Service, in consultation with the Leader/Chair of Finance and Corporate Affairs Committee, s151 Officer and Monitoring officer. 
CE18 Power to make agreements with other Local Authorities for the placing of staff at the disposal of those other Local Authorities. 
CE19 In consultation with the Chair of Finance and Corporate Affairs Committee and the Chair of the Committee responsible for the relevant service area along with that Executive Director/Director, the determination of Departmental staffing proposals, where service areas are being amalgamated or disaggregated or service area is created, modified or deleted due to changes in grant/external funding.