Agenda item

To consider a report by Councillor Barbara Smith, Lead Member for Modernisation and Housing (copy enclosed) seeking Cabinet approval of the Officer Scheme of Delegation in respect of any executive functions contained within it.

RESOLVED that Cabinet note the contents of the report and approve the Officer Scheme of Delegation (attached as an Appendix to the report) in respect of any executive functions that are contained within in.

Councillor Barbara Smith presented the report seeking Cabinet approval of the Officer Scheme of Delegation in respect of any executive functions contained within it.  (The scheme would also be included in a report on the new Constitution to full Council in July 2016 to approve the non-executive functions.)

The scheme had been updated to reflect changes in legislation, the senior management structure of the council and the subsequent transfer of responsibilities as a result.  The first few sections set out general provisions and delegations applied to all senior officers followed by specific functions for respective officers.  Councillor Smith also drew attention to the following additional provisions –

·         even if the officer scheme did not expressly refer to a power, if that power was ‘necessary or incidental’ to their service then it would automatically be applied

·         in making decisions officers must have regard to sustainability generally and the well-being of current and future generations

·         express provision that officers would have regard to the Welsh Language and compliance with the Welsh Standards

·         the Monitoring Officer may update the scheme to reflect amendments to legislation, with changes being reported to Cabinet or full Council.

The Leader believed the scheme helped to speed up the decision making process and provided a transparent mechanism involving members within that decision making as appropriate.  It was noted that the scheme did not contain any new delegations but reflected changes in legislation and the recent restructure of senior officers.  Cabinet was pleased to note the references to the Well-being of Future Generations Act and Welsh Language standards within the document.

Councillor Huw Hilditch-Roberts referred to the recent delegated decision by officers to increase car parking charges and he questioned the mechanism for consulting members and the call in provisions within that process.  Officers highlighted the mechanisms in place for members to become involved in the decision making process and attention was drawn to Section 2 of the scheme setting out the presumption in favour of referring the matter to members where the decision was likely to have a significant impact on the council’s profile, was likely to attract unfavourable comment in the news media, or may have substantial financial implications.  This process had been followed with members’ views having been sought prior to the determination of car parking charges.  There was also a process to challenge delegated decisions and work was underway to introduce a similar process for officer delegated decisions in line with those made by Lead Members in order to alert members in advance of any major or controversial decisions taken.  The ensuing debated focused on the recent process and outcomes in the determination of the level of car parking charges from both members’ and officers’ perspectives and whether particular areas could be strengthened.  Members highlighted the timely notification of high profile decisions made by officers under delegated powers as an important consideration together with a clearer call in process.  It was also suggested that more could be done to involve members prior to publicising high profile/controversial information arising from those decisions.

The Chief Executive was keen to ensure that members had confidence in the officer scheme of delegation and it was noted that the scheme would be included in a report to full Council in July which would provide an opportunity for all members to review it.  It was also suggested that the scheme be circulated prior to full Council advising members of the mechanism should they wish to propose any amendments which involved referral to the Constitution Review Group in the first instance.

RESOLVED that Cabinet note the contents of the report and approve the Officer Scheme of Delegation (attached as an Appendix to the report) in respect of any executive functions that are contained within in.