County Management Act, 1940

Dublin Assistant City Managers.

10.—(1) There shall be two assistant city managers for the county borough of Dublin each of whom shall be called and known as Dublin Assistant City Manager.

(2) Every office of Dublin Assistant County Manager shall always be held by the same person as holds the corresponding office of Dublin Assistant City Manager.

(3) The following provisions shall have effect in relation to the number of Dublin Assistant City Managers, that is to say:—

(a) the Minister may by order, whenever he so thinks fit, increase the number of Dublin Assistant City Managers;

(b) the Minister may by order, whenever he so thinks proper, amend any order made by him under the foregoing paragraph of this sub-section or under this paragraph;

(c) the Minister may by order, whenever he so thinks proper, revoke any order made by him under this section;

(d) whenever and so long as there is in force an order made by the Minister under this section increasing the number of Dublin Assistant City Managers, the number of Dublin Assistant City Managers shall be increased in accordance with such order or an order amending such order;

(e) it shall be obligatory on the Minister so to exercise the powers conferred on him by this section and the powers conferred on him by this Act in relation to the number of assistant county managers for the county of Dublin as to secure that the number of Dublin Assistant City Managers shall always be the same as the number of Dublin Assistant County Managers.

(4) If, immediately before the commencement of this Act, Timothy O'Mahony holds the office of Dun Laoghaire Borough Manager and Town Clerk, he shall, by virtue of this sub-section, be and he is hereby appointed to be a Dublin Assistant City Manager.

(5) In relation to the first appointment to one, but only one, of the offices of Dublin Assistant City Manager (not being the office mentioned in the next preceding sub-section of this section, if the appointment mentioned in that sub-section takes effect) the following provisions, in so far as they are applicable, shall apply and have effect in regard to the selection by the Local Appointments Commissioners of a person to be recommended by them for such appointment, that is to say:—

(a) if the county secretary of the county of Dublin is a candidate and suitable, the said Commissioners shall recommend such county secretary;

(b) in this sub-section the word “suitable” means possessing the requisite qualifications for the office of Dublin Assistant City Manager and being, in the opinion of the Local Appointments Commissioners, suitable in all other respects for such appointment, and the expression “county secretary” does not include a temporary county secretary.

(6) Subject to the foregoing provisions of this section, the office of Dublin Assistant City Manager shall be an office to which the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), applies.