Councillors, Democracy and Elections
The Council's Working Arrangements
-
COUNCILLORS (often called “Members”) are elected, lay persons
accountable to the electorate for their actions and
performance.
- OFFICERS are the Council’s paid, professional advisers and are
accountable to councillors for their actions and
performance.
These are over-simplistic descriptions. The actual
relationship between councillor and public and officer and
councillor depends on the roles performed.
The Cabinet Model of Decision Making
There is a cabinet of councillors appointed by the
Council. This Cabinet is responsible for making all the
Executive decisions required at member level. These decisions
may be made collectively or individually by the Cabinet
Councillors. Executive decisions are those that are concerned with
implementing major policies agreed by the Council and setting new
service policies. The Council also appoints a councillor to be the
Leader of the Council.
Each
Cabinet member has a portfolio of responsibilities within which
they may take personal decisions. The Cabinet
Councillors also lead discussions at meetings of the Cabinet and at
full Council on matters falling within their portfolios.
The Council’s Constitution sets down how many Cabinet
Councillors are to be appointed and the portfolio areas of
responsibility they have.
The Cabinet is the supreme decision making body for dealing
with the Council’s executive functions. Its business cannot
be referred to the Council for a “higher level” decision. However
its decisions, and the way it makes them, is open to scrutiny from
the internal overview and scrutiny bodies and from individual
councillors (eg through the questioning process).
The Cabinet conducts its collective business at formal and open
public meetings. Its meetings are generally held in the
Guildhall, Bath unless otherwise advertised.
The business of the Cabinet meetings is published 5 working days
in advance on an agenda which specifies the items to be considered
at its meetings. There are reports from Officers with
recommendations. There are minutes produced following the
meetings.
Key decisions
There is a legal requirement for the Council to publish in advance
any decisions it is planning over a 4 month period that are
categorised as “key” decisions. These are described in the
Council’s Constitution as those decisions that have some
significance in terms of financial or community impact.
The Executive
Forward Plan is the mechanism for publishing
these.
The Executive Forward Plan
Each month, Democratic Services (on the Leader’s behalf)
publishes a Forward
Plan of all Cabinet business. This covers a rolling
4 month period and starts with the first of a month. The Plan
describes
- the decisions planned
- the type of decision
- whether they are decisions by the Cabinet or an individual
Executive Councillor
- when the decision will be made
- the Lead Officer
- who will be consulted and when
- how that consultation will be undertaken
- any background papers to be used in decision making
This Plan is used by the overview and scrutiny bodies to
identify any forthcoming business they might wish to comment
on. There is a legal requirement to publish this forward
business.
Cabinet Councillor decisions ("Single member"
decisions)
Details of these items are published in the Executive
Forward Plan. The reports and recommendations are then
notified to all councillors in advance on a published Weekly
List. Following a 5 day period of publicity, the Cabinet
Member is then free to make the decision. That decision is
then published in a Weekly List and a further 5 day period is
allowed before the decision is actioned. This is to enable any ten
Councillors to challenge ("call in") the decision or how it was
reached. The Constitution sets out this process in
full.
See Cabinet Decision Register
The Full Council
The Full Council has responsibility for setting
what is called the Policy and Budget Framework. This is a
collection of plans and strategies which describe how services
covered by them are to be provided and may give some
details. The Cabinet and individual Cabinet Members
can only operate within the Framework. The Council also
deals with matters relating to its Constitution (the rule book
governing decision making and generally how the Council operates
internally and with its other partner bodies).
Overview and Scrutiny
The Council is also required to establish
Overview and Scrutiny committees. In Bath & North
East Somerset these are called Panels.
Overview and Scrutiny Panels are responsible for calling
the Cabinet (the Cabinet and Cabinet Members) to account
for the decisions they take and for helping the Cabinet to
develop new policies. Panels can undertake specific reviews of
policies, community impacts and decisions.
The Council’s Constitution sets down the agreed structure of
overview and scrutiny bodies.
Regulatory Committees
There are a number of Regulatory and Non-Executive
Committees. These Committees operate in much the same way as
previously under the Committee structure on such matters as
planning, licensing, public rights of way and standards. Such
matters fall outside the remit of the Cabinet.
Inspection of the Register of Interests:
The Council is required by law to maintain available for
public inspection a register which contains details of the
declarations of interest of the Elected and Co-opted Members of
this Council. This register can be inspected, during normal
office hours, on request by contacting Vernon Hitchman, 3rd
Floor, Riverside, Keynsham, Bristol BS31 1LA - Tel. 01225 -
395171.