Delegations of Authority Policy

Background:

In line with good corporate governance, Council has established general principles under which it operates to ensure that business is performed in the best interest of stakeholders with a proper sharing of accountabilities between staff and management.

Delegations are an essential and important part of the decision making process and Council is required to keep a register of its delegations which must be reviewed within 12 months after a local government election.

Scope:

This policy applies to formal delegations granted to personnel below the level of Chief Executive Officer and are to be exercised within the framework of legislation, policy and procedures. This policy is supported by the Delegations Register.

Objective:

Council has many powers and duties which are governed by legislation however, implementation of many of these decision-making powers and duties is delegated by Council to the Chief Executive Officer to enable the administration to undertake its functional and operational roles.

The objective of this policy is to define the principles by which delegations from the Chief Executive Officer and Council will be determined and enacted. Chapter 12 Part 3 Section 377 of the Local Government Act ‘General Power of the council to delegate’ provides the Chief Executive Officer with delegated authority as per the terms specified.

This policy is created in response to anomalies identified in the delegations and to ensure staff clearly understand their delegations and area of responsibility. The principles as outlined below are designed to protect staff and management and give people the authority to make decisions, perform functions or undertake certain activities.

Policy:

1. Delegations must be exercised in a wise and prudent manner and in accordance with the Councils’ Code of Conduct.

2. Authority is delegated to a position and nominated occupant of the position. It is preferable to identify both the person to whom the Chief Executive Officer delegations are made and the position that the nominated person occupies within the organisation.

3. Delegations provide authority to approve action. The delegation processes are necessary to ensure that officers are provided with the legal authority to undertake various duties and exercise powers in accordance with legislation.

4. Delegation of authority is a mechanism by which Council enables officers to act on behalf of the Council but does not compel the officer to take the approved action.

5. Where there is any doubt whether the officer or the delegation complies subject to any conditions or limitations specified, it is recommended that the officer consult their superior. Officers are responsible for understanding or seeking clarification of any rules pertaining to a delegation.

6. The Chief Executive Officer may delegate a power or function that has been vested or conferred on him to an officer of Council. The authority to delegate rests with the Council and the Chief Executive Officer.

7. Delegations are hierarchical. The authority to act delegated to a member of staff is also delegated to their superior.

8. Level of authority is hierarchical through the relevant lines of responsibility – a delegate who redirects authority remains responsible and accountable for the decision or action eg. during leave periods or temporary arrangements for a period of less than 2 weeks.

9. Despite delegations provided, no officer has unilateral authority to undertake action and approve such action eg. approve own leave, petty cash etc.

10. Delegations cannot be exercised where the officer holding the delegation has a private interest in their public duty.

11. A new member of staff will be supplied with clear statements of all the delegations necessary to undertake their role.

12. Existing staff are able to verify their delegations within Council.

13. The attached hierarchical framework establishes the delegations principles which are reflected in more detail in the delegations register.

14. The database containing the Delegations Register enables access for the making and reviewing of delegations, making of sub-delegations and notifying officers of their delegated authority by way of a standardised approach.

Definition:

Delegation of Authority means a written authorisation issued by the Chief Executive Officer giving authority to a suitably qualified member of staff to carry out certain actions on behalf of Parramatta City Council.

Superior ~~or sub-ordinate~~ refers to an individual or position at a higher level in the hierarchy than another position.

Relationship to Legislation:

Whilst not a requirement of any legislation, this policy is based on the main roles and functions the Council must undertake in exercising its functions as defined by Chapter 12 Part 3 Section 377 of the Local Government Act.

Related Strategies, Plans or Policies:

This policy should be read in conjunction with Council’s Code of Conduct.

Authorisation:

This policy was adopted by the Executive Team on Tuesday, 7 July 2009.

Review:

This policy will be reviewed annually from the date of authorisation.

Owner:

The owner of the policy is the Manager Service Audit & Review and has been developed in consultation with the Policy Review Officer and Group Managers.