Agenda item

Ingrid Brown, introduced the report and made the following points:

·  This report had been brought to the Committee in accordance with the Local Authorities Executive Arrangements Regulations 2012 and the meetings and access to information regulations 2012 which say a decision notice must be published;

·  The proposed amendment under Part 2, Article 13 – Decision Making and Types of Decisions (13.03), were as follows:

“(a) Decisions of the Council are either executive or non-executive. Executive decisions relate to all of the council’s functions that are not Full Council (or Non-Executive) functions. They include those Local Choice functions identified in Part 3 of the Constitution as the responsibility of the Executive. Executive decisions are taken by the Leader, Cabinet, Cabinet committees, Cabinet Members or officers under delegated authority in accordance with, and in order to implement, the Budget and Policy Framework.

The Local Authorities (Functions and Responsibilities) (England) Regulations 2000 and subsequent regulations give effect to section 13 of the Local Government Act 2000 by specifying which functions are not to be the responsibility of the Executive; which may (but need not) be the responsibility of the Executive (the “Local Choice functions”); and which are to some extent the responsibility of the Executive. All other functions not so specified are the responsibility of the Executive.

Non-Executive functions are powers and duties that under statute are not the responsibility of the Executive Leader, Cabinet or Cabinet members. The power to exercise Non-Executive functions is either reserved to Full Council or delegated by Full Council to committees or officers. Decisions that are reserved to Full Council and may not be delegated are set out in Article 4.02.”

·  Also proposed, would be the following,  inserted as paragraph (d) after paragraph (c):

“Executive decisions that are not key decisions:

(d) Non-key executive decisions are decisions that are more than merely administrative. They are major operational decisions and are important enough to be open to public scrutiny. These include the following:

  i.  all officer decisions which will result in the Council incurring expenditure, including the loss of income, of between £140 000 and £250 000, with the exception of operational expenditure identified within the agreed Service Plan and Service Budget;

  ii.  a decision which has been specifically delegated to Officers – for example to conclude an agreement or contract within the outline terms agreed by the Cabinet; and/or

  iii.  a decision which is controversial and/or politically sensitive in nature or is, in the opinion of the Director, of such significance that a published record of the decision would ensure transparency and accountability in relation to decision making within the Council.”

·  Also proposed, would be the following under paragraph (e):

“(e) All executive non-key decisions as described above, must also be made in accordance with the requirements of the executive decision Procedure Rules set out in Part 4 of this Constitution at paragraphs 21.0- 22.2.”

Previous to this, the constitution provided for the publication of a decision record in relation to executive key decisions. The Constitution defined what was meant by an executive key decision, however there was no definition of an executive non-key decision. The amendment would provide greater consistency in the application of the regulations and transparency in relation to this type of decision.

Councillors made the following comment:

·  Councillors made brief mention of the last sentence preceding point (a) under 6.2 of the report and how it had a few unneeded extra words. Officers made note of this.

Following discussion, Councillor Scobie proposed, Councillor Everitt seconded and Councillors agreed:

That the proposed amendments be approved.