PAPER D

 

SELECT COMMITTEE PROCEDURE RULES

 

15.       Call-in

 

1.                  When a decision is made by the Executive or by an individual member of the Executive, the decision shall be published, including where possible by electronic means, and shall be available at the main offices of the Council normally within 2 working days of being made. Copies of decisions made will be sent to all members also normally within 2 working days of the decision being made.

 

2.                  That notice will bear the date on which it is published and will specify that the decision will come into force, and may then be implemented, on the expiry of 5 working days after the publication of the decision, unless a Select Committee objects to it and calls it in.

 

3.                  During that period, the Proper Officer shall call-in a decision for scrutiny by the committee if so requested by any four members of the committee. He/she shall call a meeting of the Committee on such date as he/she may determine, where possible after consultation with the Chairman of the Committee, and in any case within 10 working days of the decision to call-in.

 

4.                  If, having considered the decision, the Select Committee is still concerned about it, then it may either refer it back to the decision making person or body for reconsideration, setting out in writing the nature of its concerns or refer the matter to full Council. If referred to the decision maker, the decision maker shall then reconsider the decision within a further 5 working days, amending the decision or not, before adopting a final decision.

 

5.                  If following an objection to the decision, the Select Committee does not meet in the period set out above, or does meet but does not refer the matter back to the decision making person or body, the decision shall take effect on the date of the Select Committee meeting, or the expiry of that further 5 working day period, whichever is the earlier.

 

6.                  If, having met, the Select Committee resolves to refer the matter to full Council and the Council does not object to a decision which has been made, then no further action is necessary and the decision will be effective in accordance with the provision below. However, if the Council does object, it has no right to make decisions in respect of an Executive decision unless it is contrary to the policy framework, or contrary to or not wholly consistent with the budget. Unless that is the case, the Council may refer any decision to which it objects back to the decision making person or body, together with the Council's views on the decision. That decision making body or person shall choose whether to amend the decision or not before reaching a final decision and implementing it. Where the decision was taken by the Executive as a whole, a meeting will be convened to reconsider the matter within 5 working days of the Council request. Where the decision was made by an individual, the individual will reconsider it within 5 working days of the Council request.

 

7.                  If the Council does not meet, or if it does but does not refer the decision back to the decision making body or person, the decision will become effective on the date of the Council meeting or expiry of the period in which the Council meeting should have been held, whichever is the earlier.

 

PROTOCOL ON THE COUNCIL’S DECISION MAKING PROCESS

 

 

15.       The call-in procedure

 

The procedure only applies to decisions of the Executive or decisions taken by individual members of the Executive under delegated powers (ie Category B and Category D decisions.) Unless there are specific reasons why an Executive decision has to be implemented immediately, the decision will remain subject to the call in procedure for 5 working days following the publication of the minutes of the meeting.

 

During this period, any four or more members of a relevant Select Committee to which the Executive decision relates can request an urgent meeting of the Select Committee to consider the decision. Upon receiving such a request, the Head of Select Committee Support will make arrangements to convene such a meeting as quickly as possible and to arrange for the attendance at that meeting of the relevant officer (or a substitute) who prepared the original report. The Select Committee will receive advice from the Monitoring Officer or the Chief Finance Officer on whether the decision falls within the approved budget or the Policy Framework. After hearing the advice, the Select Committee will resolve whether to exercise the call-in procedure and, if they do so, the reasons for that decision.

 

Until such time as the Select Committee have concluded their discussion, the decision of the Executive will not be implemented unless there are particular reasons which will have been specified in the resolution of the Executive.

 

If the Select Committee resolve to challenge the decision, it is referred to the next ordinary meeting of the Council.

 

At the meeting of the Council, the Council will need to determine whether the decision of the Executive falls within or outside the budget and Policy Framework they have previously approved. If it falls within, the Council do not have the power to overturn the decision of the Executive but can refer the matter back to the Executive and ask the Executive to reconsider their decision. If the Council conclude that the decision falls outside the budget or the Policy Framework, then the Council can reaffirm the decision of the Executive or substitute its own decision.

 

If the decision is referred back to the Executive, they are required to reconsider the matter at their next meeting. If they reaffirm their earlier decision, then no further call in of that decision can be exercised.