South Australian Current Acts South Australian Current Acts (1) A chief executive
officer's appointment may be terminated by the council—
(a) on
the ground that the chief executive officer—
(i)
has committed misconduct; or
(ii)
has been convicted of an indictable offence punishable by
imprisonment; or
(iii)
has become bankrupt or has applied to take the benefit of
a law for the relief of insolvent debtors; or
(iv)
has, for any other reason, failed to carry out duties of
the office satisfactorily or to any performance standards specified by the
council or in any contract relating to his or her appointment; or
(v)
has breached in any other manner any contract relating to
his or her appointment; or
(b) on a
ground or in circumstances specified in any contract relating to his or her
appointment.
(2) A chief executive
officer's appointment is terminated if the chief executive officer—
(a)
resigns by notice in writing to the principal member of the council; or
(b)
completes a term of office and is not reappointed; or
(c) is
sentenced to imprisonment for an offence.
(3) Neither
subsection (1)(a)(ii) nor subsection (2)(c) applies until the period
for appealing against the conviction has expired or, if there is an appeal,
until the appeal is determined.
(3a) Before
terminating the appointment of a chief executive officer on a ground referred
to in subsection (1)(a)(i), (iv) or (v) or (1)(b), a council
must have regard to advice from a qualified independent person.
(4) Subject to
subsection (5), a chief executive officer who resigns under
subsection (2)(a) may, before the date that the resignation takes effect,
withdraw the resignation by notice in writing to the council.
(5) A withdrawal under
subsection (4) is void and of no effect unless the council, by
resolution, accepts the withdrawal.
(6) In this
section—
"qualified independent person" means a person who is—
(a) not
a member or employee of the council; and
(b)
determined by the council to have appropriate qualifications or experience in
human resource management.