In dealing with the question of fixity of tenure as regards officers appointed by local authorities, among the more important points to be taken into consideration are the extent to which those officers are likely, in the course of their work, to run counter to the interests or the wishes of individual members of the body appointing them, the degree of specialisation of the work they have to perform, and the difficulty they would have in obtaining similar appointments or similar work if dismissed from their offices. In connection with the first of these points it must be obvious that those officers who are ultimately responsible for decisions involving prosecutions, under the criminal law, of individuals who may be members of the council employing them, are, of all others, most likely to find themselves involved in a course of action which will cause them to incur the secret, and, sometimes, the open enmity of such individuals. It may be said that decisions as to prosecutions ultimately rest with a committee. In theory this is possibly correct, but in actual practice the conditions are reversed—where, at any rate, the Acts are reasonably and properly administered—for correct decisions on matters with which the members of a committee are admittedly incompetent to deal must depend upon the advice of competent professional officials.
MCB UP Ltd
Copyright © 1907, MCB UP Limited