Cap. 363 Art. 49Appointment of Executive Secretary and Deputy Executive Secretary.

(1) Every Local Council shall have an Executive Secretary and a Deputy Executive Secretary.

(2) The appointment of the Executive Secretary shall be made by the Local Council, which nomination would have been made under the following sub-article.

(3) The Executive Secretary shall be a public officer during the performance of his duties, who is chosen according to those procedures and criteria established by the Director as approved by the

Public Service Commission, without prejudice to the pool established for this purpose.

(4) Where a Local Council fails to appoint an Executive Secretary or Deputy Executive Secretary, the Director shall appoint an Acting Executive Secretary or Acting Deputy Executive Secretary.

(5) An Executive Secretary may be removed or transferred from one Council to another or in the Department in accordance with provisions of sub-article (6) after the request is evaluated by a board appointed for such purpose by the Minister. This board shall be a statutory board of not less than three (3) persons.

(6) An Executive Secretary may be removed or transferred in accordance with the provisions of sub-article (5) for one of the following reasons:

(a) at the request of the Local Council or Regional Council, after a motion has been put forward stating the justified and substantiated reasons for his removal and after approval by the Local Council or Regional Council; or

(b) at the request of the Executive Secretary himself providing the reasons why he wants to terminate his office within the Council or;

(c) at the request of the Director following shortcomings shown in the local auditors’ report or following a reconnaissance by the Director, it results that the Executive Secretary has committed any abuse or permitted the commission of abusive practices and contraventions of the law and of local council regulations: Provided that in each case removal from office or the transfer of an Executive Secretary shall not preclude the taking of disciplinary action under the Public Administration Act:

Provided also that when a motion is put forward as provided in paragraph (a), the Executive Secretary shall be suspended from office with right of pay until a decision or otherwise is take with regards to his suspension. During this period of time the Executive Secretary shall report for work at the Department.