REVIEW OF THE PROCESS FOR UNDERTAKING INDIVIDUAL CABINET MEMBER DECISIONS

 

To:                               Overview and Scrutiny Panel – 10 January 2012

 

Main Portfolio Area:     Corporate

 

By:                               Democratic Services & Scrutiny Manager

 

Classification:              Unrestricted

 

Ward:                           N/A

 

 

Summary:                   To seek a decision regarding the request by Council to review the process for undertaking Individual Cabinet Member decisions.

 

For Decision

 

 

1.0       Introduction and Background

 

1.1              On 13 October 2011 Council considered an item on “Report on urgent decision by Individual Cabinet Member - Leslie Hotel, 1-5 Surrey Road, Cliftonville.”

 

1.2       Whilst the report was noted, Members expressed their disappointment at the lack of consultation of Ward Councillors by Individual Cabinet Members when making delegated decisions.

 

1.3       At the end of the deliberation on the issue, Council agreed the following:

 

“That Council requests the Scrutiny Panel to undertake a review of the process for the taking of decisions by Individual Cabinet Members, such review to include, but not be limited, to:

 

a)        what consultation, if any, should take place;

b)        what limit, if any, should be placed on the monetary value of decisions;

c)         what criteria, if any, should be used when deciding if a decision is urgent;

d)        at what stage should the Cabinet Member be advised that an urgent decision may be needed.”

 

2.0       The Current Situation

 

2.1       Currently Individual Cabinet Members are empowered by the Council’s Constitution, Part 3, Section 3 (Responsibility for Executive Functions) which provides for General Delegations to all Portfolio Holders and Specific Delegated Powers.

 

2.2       However decisions made by an individual Cabinet Member under General or specific Delegated Powers are subject to call-in by the Overview and Scrutiny Panel (Overview and Scrutiny Procedure Rules, Section 15) unless such a decision is urgent; in which case the consent must be sought from the Council Chairman to make the decision Urgent and therefore exempt from call-in.

 

2.3       There appears to have been some concerns raised by Members about the inclusiveness and/or transparency of the procedures for individual Cabinet Member Decision Making.

 

3.0       Options

 

3.1       Members of the Overview and Scrutiny Panel may wish to set up an “Individual Cabinet Member Decision Making Procedure Review” Working Party, which will be a task & finish group.

3.2       Members may wish to consider the suggested draft Terms of Reference in Annex 1 of this report, or propose additional or different terms of reference.

3.3       Members may prefer not to set up a Working Party straight away, but instead to request that Mr Harvey Patterson, Corporate & Regulatory Services Manager, produces a comprehensive report to the Panel on possible improvements to the individual Cabinet Member Delegated Decision Making Procedure, to make such processes more inclusive and transparent. Having received that report at a future meeting, the Panel could then decide whether or not to establish the above Working Party.

4.0       Corporate Implications

 

4.1       Financial and VAT

 

4.1.1    None directly from this report but elements of the suggested work programme may have financial and resource implications.

4.2       Legal

4.2.1    There are no legal issues arising directly from this report.

 

4.3       Corporate

4.3.1    The Overview and Scrutiny Panel is being asked by Council to carry out an in-depth study of the Constitutional provisions in relation to an Executive Function and advise Council, via the Constitutional Review Working Party, on the merits of making any changes to some of the Executive Decision Making procedures.

 

4.4       Equity and Equalities

 

4.4.1    None directly but the Council needs to retain a strong focus and understanding on issues of diversity amongst the local community and ensure service delivery matches these.

 

5.0       Recommendations

 

5.1       The Overview and Scrutiny Panel is invited to decide whether to adopt recommendation 5.1.1 or 5.1.2 below:

 

5.1.1    to request that Mr Harvey Patterson, Corporate & Regulatory Services Manager, produces a comprehensive report to the Panel on possible improvements to the individual Cabinet Member delegated decision making procedure, and to determine whether to establish a Working Party at the future meeting that receives the report.

 

5.1.2    to establish an “Individual Cabinet Member Decision Making Procedure Review” Working Party; agree the terms of reference of the Working Party (as reflected in Annex 1 of the report or as amended by the Panel) and to agree the Members to serve on the Working Party.

 

6.0       Decision Making Process

 

6.1       The Overview and Scrutiny Working Party was asked to advise Council on improving the procedures for Individual Cabinet Member Decision. It is with the Panel’s gift to set up a Working Party to study the issue in detail and report back to the Panel.

 

6.2       Any recommendations emerging from this review that requires changes to the Council’s constitution would have to be referred to the Constitutional Review Working Party by the Overview and Scrutiny Panel, and then on to Standards Committee before submission to Council.

 

 

 

Contact Officer:

Charles Hungwe, Senior Democratic Services Officer, Ext 7186

Reporting to:

Glenn Back, Democratic Services & Scrutiny Manager, Ext 7187

 

Annex List

Annex 1

Possible Terms of Reference for The Individual Cabinet Member Decision Making Procedure Review Working Party

 

Background Papers

 

Title

Details of where to access copy

None

N/A

 

Corporate Consultation Undertaken

Finance

N/A

Legal

N/A

Communications

N/A