APPENDIX 7

 

PROTOCOL ON THE COUNCIL'S DECISION MAKING PROCESS

 

1.           Introduction and purpose of the document

 

This document is a guide only and in the event of uncertainty on the part of any councillor or officer, reference should be made to the Council's Monitoring Officer who has responsibility for advising on the Council's constitution.

 

The Decision Making Process

 

Decisions are made by the Council in many places and by a number of people.

 

The vast majority of the decisions made by the Council are undertaken under delegated powers by officers in accordance with the Council's scheme of delegations. This scheme is contained within this constitution.

 

Many other decisions are taken in committees of the Council, by the Cabinet or by the Full Council itself.  Some decisions can be taken by individual members of the Cabinet who have been given a specific remit for an area of work.

 

To clarify the different types of decisions and how they are made, this protocol sets out the different categories of decisions, whether made by the Full Council, the Cabinet, the Regulatory committees or by officers either acting under their delegated powers or in conjunction with a specific member of the Council.

 

Principles of Decision Making

 

In making decisions, the Council, its Members and its officers need to be able to demonstrate:

 

(a)               that relevant matters were taken into account;

 

(b)               that nothing irrelevant was considered;

 

(c)               that procedural rules and Financial Procedure Rules have been complied with;

 

(d)               that proper advice was taken and considered before the decision was reached;

 

(e)               that any interests are properly declared;

 

(f)                 that the decision is properly recorded and published.

 

 

(g)               proportionality (i.e. the action must be proportionate to the desired outcome);

 

(h)               due consultation and the taking of professional advice from officers;

 

(i)                  respect for human rights;

 

(j)                  a presumption in favour of openness;

 

(k)                clarity of aims and desired outcomes;

 

(l)                  due consideration of all available options; and

 

(m)             the protocols and procedures contained in the Protocol on Decision Making and the Parish Protocol contained in this Constitution.

 

Categories of decision making

 

The Council uses a number of categories of decision making -

 

Category A decisions : Decisions taken by the Full Council

 

The Council meeting is the one occasion that the whole of the membership of the Council meets together to make key decisions on the budget and strategic policies.

 

There are certain decisions that only the Council can take -

 

·                     To consider and agree the revenue and capital budgets

 

·                     To set the council tax for the following financial year and to issue a precept

 

·                     To approve the Policy Framework and any changes to it

 

·                     To agree amendments to the Council's constitution and the terms of reference of the Cabinet and committees

 

·                     To determine the allocation of seats to political groups

 

·                     To agree amendments to the scheme of delegations, Procedure Rules, Contracts Procedure Rules and Financial Procedure Rules.

 

·                     To receive reports from the Head of Paid Service, from the Monitoring Officer and the Council's section 151 officer

 

·                     To approve the making of bye-laws

 

Key requirements

 

·                     The Full Council agenda will be published 5 working days in advance of the date of the meeting, or if a meeting is convened at less than 5 working days' notice as soon as it is convened.

 

·                     Decisions of the Council will be recorded in the minutes of the meeting of the Full Council and published within 10 working days

 

·                     Decisions of the Full Council will be effective immediately.

 

Category B decisions : Decisions taken by the Cabinet

 

By law the Cabinet is responsible for delivering (within the Budget and Policy framework set by Full Council) the great majority of Council services.  The presumption is that only decisions with genuine Council or Island-wide significance will be taken collectively by the Cabinet. In particular, the Cabinet is responsible for -

 

·                     Leading the community planning process

 

·                     Developing the Council's Policy framework and making recommendations for change to the Council

 

·                     Proposing an annual budget including, capital plans, for submission to the Full Council

 

·                     Taking decisions on resources and priorities within the approved budget and the Policy Framework, consulting with other councillors and other stakeholders as necessary.

 

·                     Being the focus for developing partnerships with other agencies and the business and voluntary sectors to address local needs

 

·                     Address and resolve sensitive, controversial and other important issues

 

Key requirements

 

·                     Agendas for all meetings of the Cabinet will be published 5 working days prior to the meeting.

 

·                     The record of Cabinet decisions will be published within 2 working days of the meeting

 

·                     Decisions of the Cabinet will be subject to a call in procedure and accordingly will not take effect for 9 working days following publication of the decision record.

 

Category C decisions : Decisions by the Regulatory Committee and Sub-Committees in accordance with their terms of reference

 

Within the constitution, specific decision making authority has been delegated to the Regulatory Committees where the decisions are of a quasi judicial or other special character. There are three sub-committees:

 

The Regulatory (Development Control) Sub-Committee

 

The Regulatory (Licensing) Sub-Committee

 

The Regulatory (Human Resources and Miscellaneous) Sub-Committee

 

Key requirements

 

·                     Each of these committees is regulated by a specific protocol and, in some cases, codes of practice. The procedure to be followed by each should be in accordance with any approved code of practice and so as to ensure that the rules of natural justice are adhered to and, where appropriate, statutory guidance and regulations.

 

·                     Decisions of these bodies are effective immediately and are not subject to the call in procedure. The processes of decision making are, however, subject to scrutiny.

 

Category D decisions : Decisions taken by a Cabinet

 

There is a presumption that Cabinet Members will take those decisions which have a genuine strategic significance for those function for which they have responsibility.  Cabinet Members are is authorised to take decisions which fall within his or her remit of responsibility.

 

Where the decision:

 

(i)                 Can be implemented within existing budget allocations to service areas the Cabinet Member will take the decision.

 

(ii)                Requires transfer of budget between allocations to service areas the Cabinet Member will take the decision jointly with the Deputy Leader (or if unavailable with the Cabinet Member for Resources or the Leader of the Council).

 

(iii)              Is to dispose of property the decision will be taken by the Cabinet Member jointly with the Deputy Leader (or if unavailable the Cabinet Member for Resources or the Leader of the Council).  A copy of any report proposing disposal of property will also be sent, in advance of he decision being taken, to the Chair of the Scrutiny Committee.

 

Key requirements

 

·                     Where a Cabinet Member wishes to take a decision under such delegated powers, a written report must first be prepared by the relevant officer together with, as appropriate, legal and financial advice. If there is any doubt about the authority to take the decision, then the advice of the Monitoring Officer must be taken in advance.

 

·                     The report must be made publicly available for a minimum of five days before the portfolio holder can take the decision.

 

·                     The Cabinet Member must consider, prior to taking a decision, whether consultation should take place with the Chairman of the Scrutiny Committee, with the local Member or with the relevant Policy Commissioner.

 

·                     A written record of the decision must be made on a form provided by the Committee Section. That written record must have attached to it the report indicating the advice the portfolio holder has received from the relevant officer and any legal or financial advice received. The form must identify when public notice was given of the intention to make the decision. The form should also require the Cabinet Member to declare if he or she has a registerable interest in the matter. The form must then be given to the Proper Officer as soon as it has been completed.

 

·                     Like decisions reached by the Cabinet, be subject to the call in procedure and accordingly will not take effect until the Friday of the week after it is taken.

 

·                     On the agenda for each meeting of the Cabinet there shall be an opportunity for questions to be put to any Cabinet Member on any decisions that they have taken since the last meeting.

 

Category E decisions : Decisions taken by an Officer in consultation with the relevant Cabinet Member

 

There are a number of items specifically contained within the Council's scheme of delegations which provide for the relevant officer to make a decision in consultation with the relevant Cabinet Member.  The relevant officer in consultation with the Cabinet Member should consider whether these decisions should be taken following consultation also with the relevant Policy Commissioner, the Chair of the Scrutiny Committee and/or local member(s).

 

Key requirements

 

·                     A proper record, in a corporately agreed format, should always be made of any such decisions

 

·                     Decisions of this nature are effective from the moment they are made.

 

·                     Such decisions should be given proportionate publicity.

 

Category F decisions : Decisions taken by an Officer or by those authorised by the Officer

 

This category includes a wide range of decisions made on a day to day basis by Strategic Directors, Heads of Service or by staff authorised by them to take such decisions. These decisions fall within the scheme of delegations to the Officers and concern the operational management of their areas of responsibility.

 

Such decisions will be within approved budget and policy. The Officer will use their discretion in briefing the relevant elected member(s) on decisions taken in this category.

 

Key requirements

 

·                     The relevant officer who takes the decision will need to ensure that appropriate legal and financial advice is taken.

 

·                     The relevant officer will have to consider the most appropriate form for recording the decision .

 

·                     The decision will have effect from when it is made.

 

Regulatory Committee & Sub-Committees

 

Functions otherwise delegated to one of the regulatory sub-committees will usually be exercised by the parent committee when:

 

·                     The decision involves the adoption of a policy which one of the sub-committees will be responsible for applying to particular applications

 

·                     The decision is likely to be followed by a further application to be determined by another regulatory sub-committee (for example where a planning application is likely to be followed by an application for a liquor licence)

 

·                     Where the issue has Island wide effect or significance (for example, an application for a major festival)

 

Key requirements

 

The report enabling the decision will identify the reason for the parent committee hearing the application.

 

 

The Role of the Scrutiny Committee

 

The role of the Scrutiny Committee is to support service improvement by scrutinising decisions of the Cabinet and Cabinet Members.  The Scrutiny Committee does not make decisions.

 

Advance notice of Key Decisions

 

The Cabinet is required to publish a forward plan of Key Decisions that it intends to make within the following four months. This will enable the Scrutiny Committee to consider which items they wish to examine and consider in good time before they are determined by the Cabinet.

 

A Key Decision is one that is likely either -

 

·                     to result in the authority incurring additional expenditure or a reduction in expenditure exceeding £250,000 in any one year or any individual service or function to which that decision relates; or

 

·                     it is otherwise significant in terms of any individual service to the public.

 

The forward plan must identify all those items about which it is known that the Cabinet is to make a decision within the following 4 months. The forward plan will be updated on a monthly basis. Not all key decisions will be known 4 months in advance and so advance notice of decisions will be included as soon as they become known.

 

There is a mechanism for taking urgent decisions not on the forward plan.  This is an exceptional process for use in genuinely urgent circumstances and when the report supporting the decision sets out why the decision did not appear on the forward plan and why the decision cannot wait until the next forward plan is published.

 

If an item which is a key decision arises which is not in the forward plan and has to be taken at short notice, the Strategic Director, Corporate Services will ensure that the Chairman of the Scrutiny Committee is notified - or in his or her absence, the Chairman of the Council - and that a minimum of three days notice has been given that the Cabinet intend to consider the item. Such an item can only be considered with less than three days notice where agreement has been obtained from the Chairman of the Scrutiny Committee or, in his or her absence, the Chairman of the Council.

 

Holding the Cabinet to account: the case for challenge and how to operate it

 

Question time

 

The Council's Standing Orders regulate the right of any member to ask questions of any Cabinet Member at each meeting of the Full Council. All written questions notified in advance of the meeting will be dealt with and there is in addition a maximum of 10 minutes to ask each portfolio holder an oral question on any item within his or her remit.

 

There is a similar right at meetings of the Cabinet for any member of the Council to ask a question of any Cabinet Member either by giving notice of the question prior to the start of the meeting or by not giving notice. 

 

Members of the public are invited to put questions at both Cabinet and Full Council meetings.

 

The call-in procedure

 

Call-in is a safety net to temporarily halt the implementation of a decision which proves unexpectedly controversial or counter productive effect.

 

The procedure only applies to decisions of the Cabinet or decisions taken by Cabinet Members under delegated powers (i.e. Category B and Category D decisions.) Unless there are specific reasons why a Cabinet 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 the Scrutiny Committee can sign a notice triggering the call-in mechanism and halting implementation of the decision for a period of 7 days.  Upon receiving such a notice, the Proper Officer 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 Scrutiny 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.

 

At the next meeting the Scrutiny Committee may:

 

(i)             Endorse the decision.

 

(ii)           Refer the decision back to the decision-maker with recommendations.

 

(iii)          Refer the decision to another body, with recommendations.

 

(iv)         Add an enquiry to its own work programme.

 

(v)           If advice has been received that the decision is outside of the Budget and Policy Framework refer the advice to Full Council with a recommendation that the Budget or Policy Framework be amended.

 

Only in (v) is implementation of the decision prevented after the meeting of the Committee has disposed of the call-in.

 

PROTOCOL ON PUBLICITY AND THE MEDIA

 

1.                  The Isle of Wight Council values the important role that the media has in disseminating information about the policies and services we provide to local residents. Wherever possible a positive approach will be taken to providing information to the media through press releases, press briefings, statements, and interviews by a senior officer or councillors.

 

2.                  The Corporate Communications Unit (CCU), of which the Media and Public Relations Office (MPRO) forms part, has responsibility for promoting the Council's media and publicity profile and consultation initiatives. In compliance with the Government's Code of Practice Council, publicity material and communications generally will not support or promote a political party's point of view.

 

3.                  Wherever possible no Council department should issue press releases or statements directly to the media. This should be done through the MPRO. Similarly, where possible, Council departments should contact the MPRO when contacted by the media.  The MPRO would not wish to cause delays and recognises that some flexibility should be given, depending on the nature of the enquiry (See point 14). The Head of Communications has prepared further guidance on this, which has been distributed to all Strategic Directors and senior managers and which is available from the MPRO. The Fire and Rescue Service will directly deal with media enquiries concerning their day to day operations. Similarly, Isle of Wight Tourism will directly deal with most tourism issues, especially in support of marketing activity .The MPRO will become involved where tourism issues relate to other council directorates or when there is an emergency.

 

4.                  Journalists will continue to be encouraged to attend Full Council, and Cabinet, the Scrutiny Committee and other council meetings, to enable them to report accurately on the proceedings, and further briefings will be arranged where appropriate. The MPRO will co-ordinate and monitor media responses. All agendas, reports and minutes (unless confidential) are issued in advance to the registered media by committee services or made available at the meetings.

 

Full Council, Cabinet meetings and other decision-making bodies

 

5.                  Where appropriate, the MPRO will issue press releases in advance of meetings, highlighting key items as agreed with, and approved by:

 

In the case of the Full Council:

 

(a)                The Chief Executive, or a Strategic Director, and the Leader of the Council, and quoting the Leader of the Council, the appropriate Cabinet member or senior officer or as appropriate, Chairman of the Scrutiny Committee or Policy Commissioner to explain and publicise council policies and services

 

In the case of the Cabinet or other decision-making bodies:

 

(b)                Issues will be identified at the pre-agenda briefing meetings in advance, and agreed with the Leader of the Council and Chief Executive. If requested by the Chief Executive or the Leader of the Council, the MPRO will issue a press release following the meeting, describing the decision and quoting the Leader of the Council, appropriate Cabinet member or senior officer.

 

6.                  Motions and questions from individual councillors shown on the agenda will not be publicised through press releases.

 

7.                  The MPRO will respond to press enquiries before and following the meeting by providing an explanation at officer level or referring to the Leader of the Council or the appropriate Cabinet member, and organise interviews and photo opportunities.

 

8.                  Where a reporter wishes to find out what was said by individual councillors during a debate the reporter will be referred to the councillors concerned.

 

9.                  The Chairman of the Council shall issue press releases through the MPRO on any issue relating to his or her civic role.

 

Scrutiny Committee and Policy Commissions

 

10.              The MPRO will respond to any press enquiries before and following the meeting by providing a factual explanation at officer level. Where a matter of policy is in question, the MPRO should consult the appropriate Cabinet member and/or the Chief Officer.

 

11.              If requested by the Chairman, the MPRO will issue a press release following the meeting, in line with the information item, factually describing the outcome, and listing the Policy Commissioner/Chairman of the Committee and Lead Officer as contact points. Where a matter of policy is in question, the MPRO will consult the appropriate Cabinet member and/or Head of Service/Strategic Director. As the role of scrutiny develops further within the council, protocols for pre-publicity may be reviewed.

 

12.              Where a reporter wishes to find out what was said by individual councillors during a debate, the MPRO should refer the reporter to the individual councillor.

 

General media enquiries

 

13.              The MPRO will liase with the appropriate officers to provide information as requested by the media.

 

14.              Where officers are approached by the media they should, where possible, contact the MPRO, to decide the appropriate response on the matter. Where the enquiry is purely factual and deadlines are tight, then officers can provide the information direct (and inform the MPRO afterwards).Where the enquiry is of a potentially sensitive or controversial nature, then the MPRO must be consulted before officers respond.  Similarly, the MPRO need to be informed of all enquiries from the national media and responses given. This includes positive as well as negative coverage.

 

As mentioned in point 3, the Head of Communications has prepared further guidance  on this which defines factual and controversial/sensitive information. This has been distributed to all Strategic Directors and senior managers and which is available from the MPRO.

 

Corporate communications

 

15.              The CCU will provide the Chief Executive and Senior Officers or other senior managers with advice on any matter of a communications nature which relates to the reputation of the council as a whole and its policies and services.

 

16.              The CCU will promote agreed corporate initiatives in liaison with the Leader of the Council and/or the Chief Executive, including press releases, briefings, conferences and events.

 

17.              The CCU will promote agreed Cabinet initiatives in liaison with Strategic Directors or other seniors managers, and with Cabinet members.

 

18.              The CCU will promote agreed service initiatives as requested by senior managers in liaison, where appropriate, with Cabinet members, Policy Commissioners or Chair of The Scrutiny Committee.

 

19.              The CCU will promote the role of scrutiny and Policy development within the overall democratic process, as the opportunity arises, in liaison with the Leader of the Council and the Chief Executive.

 

Individual councillors

 

20.              Councillors are encouraged to liase with the MPRO over media enquiries to ensure a co-ordinated and positive profile for council activities. The MPRO will provide professional non party-political communications advice to members on request.

 

21.              The MPRO will encourage councillors and officers to participate in the council's Media Training Courses.

 

22.              It is the prerogative of individual councillors to make their own statements. They are invited to work closely with the appropriate Cabinet member or other councillor empowered to represent the council on the subject, particularly where they are intending to comment on a matter of council policy, but are not obliged to do so.

 

23.              Nothing in this protocol precludes any political group from issuing its own media information. However this cannot be done through the MPRO or by using council resources.

 

Elections, referendums and petitions

 

24.              The period between the notice of an election and the election itself precludes proactive publicity of candidates and other politicians who are directly involved. It is, however, acceptable for the MPRO to respond to events and service enquiries, provided the answers are factual and not party political, and for key political or civic members to comment in an emergency or important event outside the council's control.

 

25.              The CCU will not publish, or assist in the publication of, anything designed to influence local people in deciding whether or not to sign a petition requesting a referendum for an elected mayor. Publicity will be restricted to details about the proposals and to explain existing arrangements.

 

26.              Any publicity about a referendum, prior to or during the referendum period, will not seek to influence public opinion on the outcome.

 

Wight Insight

 

27.              Wight Insight will be produced seven times a year to promote council policies, services and initiatives to Isle of Wight residents.

 

28.              The Head of Communications will act as editor. Wight Insight is a non-political publication, and will not ordinarily feature individual councillors or ventures of officers.