Functions of Elected Representatives and Officials
 
The elected council is the policy-making arm of the local authority, who act by what are termed ‘reserved functions’. Reserved functions are defined by law and specified across a whole range of enactments. These comprise mainly decisions on important matters of policy and finance (e.g. adoption of annual budget, development plan, bye-laws).
 
The day-to-day management of the local authority, including staffing matters, is vested in a full time chief executive – known as Town manager. The manager and/or staff to whom functions are delegated discharge what are termed ‘executive functions’ – in effect these involve the day-to-day running of the authority within the policy parameters as determined by the council. Any function of a local authority that is not specified in law as a reserved function is deemed to be an executive function. Executive functions include decisions in relation to staffing matters, recovery of debts, court actions, acceptance of tenders, collecting rates and rents, making lettings for local authority dwellings, determination of planning applications and taking enforcement action.
 
The legal character of a local authority thus comprises of two elements, the elected council of the authority and the manager, with responsibility for performing local authority functions shared between them. However, legally all functions, whether performed by the elected council or by the county/city manager, are exercised on behalf of the local authority.
 
While the law must make a precise division of functions so that responsibility for their exercise may be clearly defined, in practice the policy and executive roles are intended to be complementary. The council and manager operate together, with the former having the pre-eminent role through the determination of the policy framework and with arrangements to maintain an overview of local authority affairs generally.
 
Kinsale Town Council is regulated by E.U. directives, national legislation and policy, local legislation such as bye-laws and adopted policies of the Town Council. The accounts of the Council are subject to audit by the Local Government Auditor who is employed by the Department of the Environment, Heritage and Local Government. Local Authorities are also subject to investigation by the Ombudsman.