The appointment and removal of deputy executives or assistant executives of local government executives is an exercise of administrative power or political power.

Abstract

The appointment and removal of deputy executives or assistant local administrators is a complex issue with two main legal approaches. The first approach views such actions as "administrative orders" that must comply with the criteria of the Administrative Procedure Act B.E. 2539 (1996), in which the person being removed must be given an opportunity to argue and present evidence, including having reasons for the order. However, the second approach views the appointment and removal as purely "local political power", which is the discretion of the local administrators who are directly elected by the people. Local administrators must be responsible to the people and the local council, so they have the power to select trusted people to help manage the work and can remove them when they lose their trust, without having to follow the criteria of the administrative order. This article presents an analysis of the two approaches by comparing them with national administrative principles and the Constitutional Court's rulings to see the differences and debates on this issue, including the impact on the administration of local administrative organizations and the rights of politicians at the local level.