1.0 THE FRAMEWORK FOR EXECUTIVE DECISIONS
1.1 The Executive will operate within the budget and policy framework approved by the Council.
2.0 POLICY FRAMEWORK
2.1 The policies and strategies comprising this framework are listed in Article 4 of the Constitution.
2.2 When it wishes to develop a new policy/strategy or revise an existing policy/strategy the Executive will first canvass the views of local stakeholders in the most effective way and then publish proposals which take into account any representations received or opinions expressed during this consultation.
2.3 These proposals will also reflect any review of the policy/strategy previously conducted by an Overview/Scrutiny Committee.
2.4 The Executive’s initial proposals will be referred to the relevant Overview/Scrutiny Committee for further advice and consideration which will include any further public consultation the Committee considers necessary but which does not duplicate any such work already conducted by the Executive.
2.5 The Overview/Scrutiny Committee will respond to the Executive’s proposals within six weeks unless the Executive considers that either a longer or a shorter period is appropriate.
2.6 The Executive will consider the reports of the Overview/Scrutiny Committee, amend its proposals as appropriate and then submit its final proposals to the Council for approval in a report which indicates how the Committee’s recommendations have been taken into account.
2.7 The Council will consider these proposals and may adopt them, amend them, refer them back to the Executive for further consideration or substitute its own proposals. In considering these proposals the Council shall have before it the relevant report from the Overview/Scrutiny Committee.
2.8 The Council’s decision will be publicised in accordance with the Access to Information Rules in this Constitution and a copy given to the Leader. The notice of decision will be dated and state either that the decision is effective immediately (if the Council has accepted the Executive’s proposals without amendment) or (if the Executive’s proposals are not accepted without amendment) that the Council’s decision will become effective on the expiry of 5 working days after publication of the notice unless the Leader objects to it during that period.
2.9 If the Leader so objects he/she shall give the Chief Executive written notice within that period of 5 working days, specifying the reasons for the objection. The Chief Executive will convene a further Council meeting within ten working days to reconsider the proposals which will not become effective pending that meeting.
2.10 At that further meeting the written objection will be made available and the Council will make its final decision on the proposals in public and by a simple majority. The proposals shall then become effective immediately.
2.11 Thereafter any significant change to the policy/strategy is reserved to the Council, other than the routine updating or minor amendment of an existing policy/strategy which is of a purely factual or technical nature.
3.0 BUDGET FRAMEWORK
3.1 Following the announcement of the provisional Local Government Finance Settlement the Director of Finance, IT & Trading will advise the Executive of its likely impact on the Council’s budget for the coming financial year.
3.2 The Executive will then meet to fix a ‘target budget’ for each service area following which each Executive Member will prepare detailed proposals for so much of the budget as is within his/her remit.
3.3 These service proposals will be presented to the relevant Overview/Scrutiny Committees which will advise the Executive of their views having first undertaken whatever consultation they believe is necessary. The Executive will fix a date by which it requires the Committees’ responses, allowing it as long as is practicable to deliberate upon the proposals.
3.4 The Executive will receive final notification of the Local Government Settlement and at the same time consider the reports of all Overview/Scrutiny Committees. It may amend its proposals as appropriate and then submit a ‘final budget’ to the Council for approval in a report which indicates how the Committees’ recommendations have been taken into account.
3.5 The Council will consider this budget and may adopt it, amend it, refer it back to the Executive for further consideration or substitute its own proposals. In considering this budget the Council shall have before it all relevant reports from Overview/Scrutiny Committees.
3.6 The Council’s decision will be publicised in accordance with the Access to Information Rules in this Constitution and a copy given to the Leader. The notice of decision will be dated and state either that the decision is effective immediately (if the Council has accepted the Executive’s budget without amendment) or (if the Executive’s budget is not accepted without amendment) that the Council’s decision will become effective on the expiry of 5 working days after publication of the notice unless the Leader objects to it during that period.
3.7 If the Leader so objects he/she shall give the Chief Executive written notice within that period of 5 working days specifying the reasons for the objection. The Chief Executive will convene a further Council meeting within five working days to reconsider the budget and the budget will not become effective pending that meeting.
3.8 At that further meeting the written objection will be made available and the Council will make its final decision on the budget in public and by a simple majority. The budget shall then become effective immediately.
4.0 KEY DECISIONS
The Monitoring Officer and the Chief Finance Officer shall advise the Executive on whether in their opinion any key decision under consideration is within the budget and policy framework.
5.0 DECISIONS OUTSIDE THE BUDGET OR POLICY FRAMEWORK
5.1 If the Executive, an Executive Member or an officer or area committee want to make a decision which the Monitoring Officer and the Chief Finance Officer advise would be contrary to the policy framework, or contrary to or not wholly in accordance with the budget, that matter must be referred by that body or person to the Council for decision in accordance with paragraph 2.11 above, unless it is a matter of urgency, in which case the provisions in paragraph 6.0 below (urgent decisions outside the budget and policy framework) shall apply.
6.0 URGENT DECISIONS OUTSIDE THE BUDGET OR POLICY FRAMEWORK
6.1 The Executive, an Executive Member or an officer, area committee or joint arrangements discharging Executive functions may take a decision which is contrary to the Council’s policy framework or contrary to or not wholly in accordance with the budget approved by the Council if the decision is a matter of urgency. However, the decision may only be taken:
(a) if it is not practical to convene a quorate meeting of the Council; and
(b) if the chairman of a relevant Overview/Scrutiny Committee agrees that the decision is a matter of urgency.
6.2 The reasons why it is not practical to convene a quorate meeting of the Council and the chairman of the relevant Overview/Scrutiny Committee's consent to the decision being taken as a matter of urgency must be noted on the record of the decision. In the absence of the chairman of a relevant Overview/Scrutiny Committee, the consent of the Chairman of the Council, and in the absence of both the Vice-Chairman, will be sufficient.
6.3 Following the decision, the decision maker will provide a full report to the next available Council meeting explaining the decision, the reasons for it and why the decision was treated as a matter of urgency.
7.0 CALL-IN OF DECISIONS OUTSIDE THE POLICY OR BUDGET FRAMEWORKS
7.1 Where an Overview/Scrutiny Committee is of the opinion that an Executive decision to which paragraph 5 does not apply is contrary to the policy framework or the budget, it may ask the Monitoring Officer and the Chief Finance Officer to reconsider their advice that the decision need not be referred to Council in accordance with Paragraph 5.
7.2 Regardless of whether the decision was delegated the Monitoring Officer and Chief Finance Officer shall report the request of the Overview/Scrutiny Committee to the Executive and shall either confirm their original advice that the decision is within the policy framework or the budget or indicate that on reflection they are satisfied that the decision does constitute a departure. In the latter case the decision will then be referred to the Council in accordance with Paragraph 5 and shall not be implemented beforehand unless the Executive decides that it is to be treated as a matter of urgency in accordance with Paragraph 6.
7.3 A copy of the officers’ report to the Executive under Sub-paragraph 7.2 will be sent immediately to the Chairman of the relevant Overview/Scrutiny Committee and then made available to that Committee at its next meeting.
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