Issue - meetings

To consider a report by Councillor Barbara Smith, Lead Member for Modernisation and Housing (copy enclosed) seeking Cabinet’s agreement to changes to the way in which delegated decisions are taken and the nature of the delegation to Lead Members.

RESOLVED that Cabinet agree the Lead Member Scheme of Delegation attached as Appendix 1 to the report and the arrangements by which delegated decisions are made as set out in Appendix 2 to the report.

The Head of Legal, HR and Democratic Services presented the report seeking Cabinet’s agreement to changes to the way in which delegated decisions were taken and the nature of the delegation to Lead Members.

The reasoning behind the proposed changes was explained in order to make the process for delegated decisions more transparent.  Cabinet’s attention was drawn to the main changes proposed for delegated decisions and the extent of other members’ involvement within that process.  As previously agreed the recently approved Officer Scheme of Delegation had been circulated to all members for comment, however no feedback had been received.

Cabinet welcomed the proposed changes to the delegated decisions process to ensure greater transparency of decision making and the involvement of all members at an earlier stage in the process, providing an opportunity to input and influence outcomes.  During debate further clarification was sought on a number of issues including urgent decisions, confidentiality, and the wider involvement of members prior to ‘key’ decisions being made.

The Head of Legal, HR and Democratic Services responded as follows –

·         elaborated upon existing provisions in respect of urgent decisions outside normal timescales in cases where there was a risk of significant impact together with exemption from the ‘call in’ procedure

·         explained that information regarding delegated decisions would be published on the Council’s intranet with restricted access and the usual rules regarding confidentiality would apply;  Contract Procedure Rules contained a specific set of authorisations with regard to tenders and contact awards

·         the revised process would provide the flexibility to better engage members within the decision making process, particularly non-Cabinet members, and allow Lead Members and Heads of Service to make judgements as to whether specifically contentious decisions needed further member involvement prior to a decision being made – this was essentially a political judgement and further guidance would be produced in that regard

·         questions were also answered in respect of the officer delegated decision regarding car parking charges and it was confirmed that the correct process had been followed in that case; the proposal going forward was that in cases where decisions had been referred to members for their views, a short report be published setting out the decision from which the call in period would apply.

The Chief Executive highlighted the importance of all members being familiar with the delegated decision process and to actively engage with it and he raised some concern that no feedback had been received from members following circulation of the Officer Scheme of Delegation.  Similarly he felt that officers needed to be better at anticipating those decisions which ought to be brought before members, particularly those with a political dimension.  It was agreed that the revised Lead Member Scheme of Delegation be circulated to all members highlighting the importance of the document and members’ engagement within the delegated decision process.

RESOLVED that Cabinet agree the Lead Member Scheme of Delegation attached as Appendix 1 to the report and the arrangements by which delegated decisions are made as set out in Appendix 2 to the report.