1.0 FRAMEWORK OF MEETINGS
1.1 The arrangements for the discharge of Executive functions are set out in Article 6 of this Constitution. The Council and Leader, as appropriate, may approve arrangements for Executive functions to be carried out by:
(a the Executive as a whole;
(b) a committee of the Executive;
(c) an Executive Member;
(d) an officer;
(e) an area committee;
(f) joint arrangements; or
(g) another local authority.
1.2 The following rules apply to the delegation of Executive functions:
(a) The Executive may delegate to a committee of the Executive, an area committee or joint committee or to an officer any of its functions or powers in addition to those already delegated and set out in Part 3 of this Constitution.
(b) A committee of the Executive or an Executive Member responsible for an Executive function, may delegate further to an area committee, joint committee or an officer.
(c) Even where Executive functions have been delegated, that fact does not prevent the discharge of delegated functions by the person or body who delegated them.
1.3 The Council’s scheme of delegation containing the details required by Article 6 and set out in Part 3 of the Constitution may only be amended by the Council. This provision does not affect any sub-delegation allowed for in Rule 1.2 above.
1.4 The Executive will meet at least 12 times per year in accordance with the Council's calendar and at such other times as may be agreed by the Leader. The Executive will meet at County Hall, Exeter or another location to be agreed by the Leader.
1.5 All meetings of the Executive will be convened in accordance with the Authority's Access to Information Procedure Rules and will be held in public unless Paragraph 10 of those Rules applies.
2.0 CONDUCT OF EXECUTIVE MEETINGS
2.1 If the Leader is present he/she will preside. In his/her absence, the Deputy Leader will preside. If neither the Leader nor Deputy Leader is present at a meeting, the powers and duties of Chairman will be exercised by a member elected from among those members of the Executive present.
2.2 The quorum for a meeting of the Executive shall be four members of the Executive (including the Leader if he/she is present). Where Executive decisions are delegated to a committee of the Executive, the rules applying to Executive decisions taken by them shall be the same as those applying to those taken by the Executive as a whole except that a quorum of three members only is required.
2.3 At each meeting of the Executive the following business will be conducted:
(a) consideration of the minutes of the last meeting;
(b) questions tabled by members in accordance with Rule 4 below or under the Public Participation Procedure Rules;
(c) matters referred to the Executive (whether by an Overview/Scrutiny Committee or by the Council) for reconsideration in accordance with the provisions contained in the Overview/Scrutiny Procedure Rules or the Budget and Policy Framework Procedure Rules set out in this Part of the Constitution;
(d) consideration of reports from Overview/Scrutiny Committees;
(e) matters set out in the agenda for the meeting indicating those which are key decisions designated in the Forward Plan and those which are key decisions brought under paragraphs 7 and 8 below;
(f) consideration of the Forward Plan and designation of key decisions to be taken at future meetings.
(g) other items included by the Leader under paragraph 3 below.
3.0 AGENDA ITEMS
3.1 The Forward Plan will be tabled at a meeting of the Executive after consultation with the Leader and Executive Member but the Leader may add items to the agenda at his/her discretion which he/she considers do not constitute key decisions.
3.2 Any member of the Executive may require the Chief Executive to place an item on the agenda of the next meeting of the Executive for consideration.
3.3 Any member of the Council may ask the Leader to put an item on the agenda of an Executive meeting for consideration and if the Leader agrees the item will be considered at the next meeting of the Executive. The agenda will name the member who asked for the item to be considered. Discussion of any items included with the agreement of the Leader shall not exceed 15 minutes in total except with the consent of the Committee.
3.4 The Chief Executive (as Head of the Paid Service), the Monitoring Officer and the Chief Finance Officer may include an item for consideration on the agenda of an Executive meeting in pursuance of their statutory duties. If there is no meeting of the Executive in the Council’s Calendar soon enough to deal with the issue in question then the Monitoring Officer may require that a special meeting be convened at which the matter will be considered.
3.5 There will be a standing item on the agenda of each meeting of the Executive for matters referred by Overview/Scrutiny Committees.
3.6 All reports to the Executive from any member of the Executive or an officer on proposals relating to the budget and policy framework must contain details of the nature and extent of consultation with stakeholders and relevant Overview/Scrutiny Committees and the outcome of that consultation. Reports about other matters will set out the details and outcome of consultation as appropriate. The level of consultation required will be appropriate to the nature of the matter under consideration.
4.0 MEMBERS' QUESTIONS AT THE EXECUTIVE
4.1 A member of the Council may ask the Leader or the appropriate Executive Member a question about any subject for which the Leader or Executive Member has responsibility.
4.2 A member’s question must be delivered to the Chief Executive's office, in writing, by fax or by email by 12.00 noon on the fourth working day before the meeting at which it is to be asked.
4.3 Notwithstanding the above, where a question relates to a matter which is included on the agenda for a meeting at which the question is to be put but that agenda or any Officers Report has not been made available before the normal deadline for submission of questions at 4.2 above then provided written notice of a question is received within 24 hours of that Agenda or Report having been so published then the question shall be allowed.
4.4 All questions received will be printed in the order they were received and circulated to Members before the meeting starts together with the answers to those questions.
4.5 A copy of the reply to the question will if possible be supplied to the member asking if 24 hours before the meeting to enable him/her to decide whether to attend the meeting. If the member does attend the meeting he/she may ask one supplementary question arising from the answer received.
4.6 There will be no discussion about any question except that a Member who has submitted a question is entitled to ask one supplementary question arising from the answer given and to receive a further answer.
4.7 The time allowed for members questions shall not exceed 30 minutes.
5.0 THE FORWARD PLAN
5.1 Period of Forward Plan
A Forward Plan will be prepared by the Leader on behalf of the Executive to cover a period of four months, beginning with the first day of any month. They will be prepared on a monthly basis and subsequent plans will cover a period beginning with the first day of the second month covered in the preceding plan.
5.2 Contents of Forward Plan
The Forward Plan will contain matters which the Leader believes will be the subject of a key decision to be taken by the Executive during the period covered by the plan. It will describe the following particulars in so far as the information is available or might reasonably be obtained:
(a) the matter in respect of which a decision is to be made;
(b) the date on which, or the period within which, the decision will be taken;
(c) the identity of the principal groups whom the Executive proposes to consult before taking the decision;
(d) the means by which any such consultation is proposed to be undertaken;
(e) the steps any person may take who wishes to make representations to the Executive about the matter in respect of which the decision is to be made, and the date by which those steps must be taken; and
(f) a list of the documents likely to be submitted to the Executive for consideration in relation to the matter.
5.3 Preparation of Forward Plans
The Forward Plan must be published at least 14 days before the start of the period covered. The Monitoring Officer will publish once a year a notice in at least one newspaper circulating in the area, stating:
(a) that key decisions are to be taken by the Executive on behalf of the Council;
(b) that a Forward Plan containing particulars of the matters on which decisions are to be taken will be prepared on a monthly basis;
(c) that a notice will be published after every meeting of the Executive, stating which decisions have been defined as key decisions and when they are to be taken;
(d) that each such plan will be available for inspection at reasonable hours free of charge at the designated office;
(e) that each notice and plan will indicate whether a written report will be submitted to the Executive for consideration in relation to a key decisions on the plan;
(f) the address at which, subject to any prohibition or restriction on its disclosure, a copy of, or extract from, any document referred to in the Forward Plan in connection with a key decision is available for inspection and the procedure for requesting details or obtaining a copy of any such document when it becomes available;
(g) that other reports and background papers may be submitted to the Executive at short notice;
(h) the dates on each month in the following year on which the Forward Plan will be published and available to the public at the designated office.
Exempt information need not be included in a Forward Plan and confidential information cannot be included.
6.0 PROCEDURE BEFORE TAKING KEY DECISIONS
6.1 If the Executive meets to discuss or to take a key decision collectively, with an officer present, then it must also comply with the following Rules unless Rule 7.0 (general exception) or Rule 8.0 (special urgency) applies. A key decision is as defined in Article 13.4 of this Constitution. This requirement does not include meetings whose sole purpose is for officers to brief members.
6.2 Subject to Rule 7.0 (general exception) and Rule 8.0 (special urgency), a key decision may only be taken when:
(a) a notice (called here a Forward Plan) is in place;
(b) the Executive has determined that the matter is to be defined as a key decision and specified the date of the meeting at which it will be considered;
(c) within 2 working days of that determination by the Executive, a notice to this effect is given to all members and this information is then included in the next version of the Forward Plan.
7.0 GENERAL EXCEPTION
7.1 If it becomes impracticable to delay a decision which the Executive has defined as a key decision until the date fixed for its determination, then subject to Rule 8.0 (special urgency), the decision may still be taken by the Executive if:
(a) the Monitoring Officer has informed the chairman of a relevant Overview/Scrutiny Committee, or if there is no such person, each member of that committee in writing, by notice, of the matter to which the decision is to be made;
(b) the Monitoring Officer has made copies of that notice available to the designated office; and
(c) at least 3 clear days have elapsed since the Monitoring Officers took these steps
8.0 SPECIAL URGENCY
8.1 If by virtue of the date by which a decision must be taken Rule 7.0 (general exception) cannot be followed, then the decision can only be taken if the Leader obtains the agreement of the chairman of a relevant Overview/Scrutiny Committee that the taking of the decision cannot be reasonably deferred. If there is no chairman of a relevant Overview/Scrutiny Committee, or if the chairman of that Overview/Scrutiny Committee is unavailable, then the agreement of the Chairman of the Council, or in his/her absence the Vice Chairman will suffice.
9.0 QUARTERLY REPORTS ON SPECIAL URGENCY DECISIONS
9.1 In any event the Leader will submit quarterly reports to the Council on Executive decisions taken in the circumstances set out in Rule 8.0 (special urgency) during the preceding three months. The report will include the number of decisions so taken and a summary of the matters in respect of which those decisions were taken.
10.0 REFERENCE BACK OF DECISIONS BY INDIVIDUAL MEMBERS
10.1 Notice of all decisions by the Executive will be sent by email to all Members of the Council within 2 working days of their being made. The notice will bear on it the date on which it is published and will specify that the decision(s) it records will come into force 5 working days after that date unless they are referred back.
10.2 Any Member may ask for any decision of the Executive which relates particularly to his/her electoral division to be referred back once for further consideration at the next meeting of the Executive. This entitlement does not apply to decisions which affect the County as a whole.
10.3 A Member who wishes to refer back a decision so notified must give notice in writing or by email to the Chief Executive.
10.4 A Member may also ask for any decision taken by an Executive Lead Member to be referred back in line with Paragraph 11.0 of the Scheme of Delegation set out in Part 3 of this Constitution.
10.5 When a decision concerns land or premises located in or an issue arising in one division which has a major impact upon an adjoining division, a member may contact the Monitoring Officer and make the case that the matter is sufficiently specific to his/her division to justify its reference back.
10.6 A request to refer back a decision will be subordinate to a request by an Overview/Scrutiny Committee to call that decision in for consideration by that Committee (paragraph 17.0 of the Overview/Scrutiny Procedure Rules).
11.0 RECORD OF DECISIONS
11.1 After any meeting of the Executive, whether held in public or private, the Monitoring Officer or, where no officer was present, the person presiding at the meeting, will produce the minutes of that meeting as soon as practicable. This record will include a statement of the reasons for each decision and any alternative options considered and rejected at that meeting.
11.2 Decisions of the Executive requiring the consent of the Council or matters relating to the policy or budget framework (i.e. Framework Decisions) as set out in part 2 of the Constitution, will be submitted to the next appropriate meeting of the Council together with all relevant reports and other documentation for consideration and will be formally moved at that meeting by the Leader or appropriate Executive Member.
11.3 Any decision of the Executive on a key decision shall be known as a 'starred minute' and be denoted by an asterisk (*) immediately in front of that minute number and will not be before the Council for approval.
12.0 NOTICE OF MEETINGS OF THE EXECUTIVE
12.1 Members of the Executive will be entitled to receive 5 working days notice of a meeting to which they are summoned, unless the meeting is convened at shorter notice as a matter of urgency.
12.2 Notice of meetings of the Executive will be served on the chairmen of all Overview/Scrutiny Committees at the same time as notice is served on members of the Executive.
13.0 ATTENDANCE BY CHAIRMEN OF OVERVIEW/SCRUTINY COMMITTEES AT MEETINGS OF THE EXECUTIVE WHERE CONFIDENTIAL OR EXEMPT INFORMATION IS CONSIDERED
13.1 The Chairman of an Overview/Scrutiny Committee is entitled to attend any meeting of the Executive at which a matter within the remit of his/her committee is to be discussed and to speak to that item.
14.0 ATTENDANCE BY OFFICERS AT MEETINGS OF THE EXECUTIVE
14.1 The Head of the Paid Service, the Chief Finance Officer and the Monitoring Officer, or their nominees, are entitled to attend any meeting of the Executive. The Executive may not meet unless these officers have been given reasonable notice that a meeting is to take place. Any of these officers may however be asked to leave the meeting if his/her personal position is under discussion.
15.0 EXECUTIVE MEMBER REPORTS AT COUNCIL MEETINGS
15.1 A regular item shall be placed on the agenda of all meetings of the County Council (Standing Order 5(1)(k) refers) to enable Executive Members to report, save in exceptional circumstances, in writing, on:
15.2 The Executive Member shall first present his/her Report and make any statement(s) in response to any issue or matter specifically requested by a Member. Councillors may then, without notice, comment upon or ask a question of the Executive Member on any matter referred to in his/her Report or relating to his remit. As indicated above this facility is not intended to replace the opportunity that already exists under Standing Orders for members to submit written questions to Executive Members or Chairmen relating, particularly, to factual and/or local issues. The Executive Member will then respond to any such comments or questions immediately before the conclusion of the item.
15.3 The Executive Member will,when presenting his/her Report, speak for a maximum of 7 minutes, with all other speeches being confined to a maximum of 5 minutes. In replying to questions from Members the Executive Member shall speak, at the discretion of the Chairman, for a maximum of 3 minutes.
16.0 COUNCIL PROCEDURE RULES
16.1 Except where these rules expressly provide for different arrangements, Standing Orders will apply mutatis mutandis to meetings of the Executive.
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