Agenda item

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The Monitoring Officer presented the report which considered options for the call-in of Officer Delegated Decisions.  She explained that the Chair of Corporate Performance Panel had asked for a paper reviewing the current arrangements and in conducting the review the Monitoring Officer had felt that Officer Delegated Decisions should be subject to call-in and the report set out proposed changes to Standing Orders for Members consideration.  She explained that the provision of call-in of Officer Delegated Decisions was a locally determined issue. 

If the Corporate Performance Panel were supportive of the proposals to amend Standing Orders they would presented to Full Council for approval in due course.

The Chair thanked the Monitoring Officer for her report and invited questions and comments from Members.  Members of the Panel indicated their support for the proposals.

RESOLVED: That the Cabinet be recommended to recommend onto Full Council changes to Standing Orders as set out below to make Officer Delegated Decisions subject to call-in.

12 The calling-in of Cabinet recommendations and executive decisions

12.1 Any Cabinet decision or Cabinet recommendation to the Council, delegated Cabinet Member’s decision or officer delegated decision, may be presented for call-in to the Corporate Performance Panel

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12.8 Upon conclusion of the debate the Corporate Performance Panel will decide upon one of the following two courses of action:

(a) support the Cabinet/Cabinet Member’s/officer’s recommendation(s) or decision(s). In this case the recommendation(s) or decision(s) will, respectively, be free to pass to Council as they originally stood, or, be available for immediate implementation; or,

(b) uphold the call-in.

12.9 If the Panel upholds the call-in it may then take one of three courses of action:

(a) report to Council, Cabinet or the relevant Cabinet Member or officer requesting that the Cabinet/Cabinet Member’s/officer amend or substitute the recommendation(s) or decision(s); or,

(b) if the issue is considered urgent or straightforward, formulate a counter-recommendation or amendment; or,

(c) investigate the matter further at another meeting within thirty working days (beginning with the day after the issue of the notification of the call-in) and then follow the same process as set out above (12.8-12.10)

12.10 The Cabinet/Cabinet Member/officer may amend, substitute or withdraw any

recommendation or decision in respect of any matter that has been called-in under

paragraph 12.3 of this Standing Order.

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12.12 No decision of the Cabinet/Cabinet Member/officer that is called in under paragraph 12.3 of this Standing Order shall be acted upon (even if it is amended, substituted or withdrawn) until the call-in is either ended by the Corporate Performance Panel or approved by the Council.

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12.14 If the Corporate Performance Panel:-

(a) does not end a call-in within 30 days from the date of the decision which has been called in (and the recommendation or decision remains in dispute); or

(b) refers a call-in directly to Council under paragraph 12, the Council shall determine

whether to approve the recommendation or decision that has been called-in or to revoke, vary, amend and/or remit it back to the Cabinet/Cabinet Member/officer for further consideration.

30.5 Record of individual decision

As soon as reasonably practicable after an Executive decision has been taken by an

individual member of the Executive or an officer, they will prepare, or instruct the proper officer to prepare, a record of the decision, a statement of the reasons for it and any alternative options considered and rejected.