Agenda item

Change to the Constitution - Delegation of Decision Making (Urgent Report)

Meeting of South Somerset District Council, Thursday 19th March 2020 7.30 pm (Item 127a)

This is an additional report brought forward under Part 4 of the Constitution - Access to Information Procedure Rules - Special Urgency - Rule 16.

Decision:

RESOLVED:	That Full Council agreed the following changes be made to the Council’s Constitution:
	a.	To amend Part 3, Responsibility for Functions, Sections 3 and 4 of the Council’s Constitution to allow delegated authority to the Chief Executive, and to the relevant Director in the Chief Executive’s absence where not already delegated, to take Executive and Quasi-Judicial decisions in consultation with the Leader of the Council (or Deputy) and the relevant Portfolio Holder, Ward Member and Committee Member if practicable, if meetings of the relevant committee are unable to be held;
	b.	If legislation and technology allows, then enable Councillors to make decisions by remote, virtual meetings using available technology;
	c.	That delegated authority be given to the Monitoring Officer and Chief Executive to amend the Constitution to reflect any further changes that are required as a direct result of Government Legislation /Guidance resulting from the coronavirus (COVID-19) situation;
	d.	These changes in procedure will cease when the Government announces that the coronavirus (COVID-19) crisis is over and when normal meetings can resume.
	e.	That these changes in procedure be reviewed in 3 months.
Reason:	To ensure that the Chief Executive (and Directors if the Chief Executive is not available) have sufficient powers to allow the business of the Council to continue to function as Council meetings are postponed on Government advice during the current coronavirus (COVID-19) situation.

(Voting: 24 in favour, 2 against, 0 abstentions)

Minutes:

The Chief Executive advised that most Council services were being delivered as normal but the coronavirus could affect business for a number of months. He felt that more demands would be made on the Council as people suffering hardship contacted us. He said that work was already underway with partners and voluntary groups to help the most vulnerable and those in self-isolation due to the virus.

He said following a telephone call with the Secretary of State, it was clear the Government wanted Councils to continue making decisions which affected the community and support local businesses. As Council meetings could not be held, he asked Members to put considerable trust in himself and his Directors to take the necessary decisions, in consultation with Members. It was hoped that virtual meetings with Members could be held when legally and technically possible. He concluded that once the crisis had passed, the provisions would cease.

During a lengthy debate, varying views were expressed. Whilst some members fully supported the need for the proposals, others expressed concern at delegating decision taking to officers alone and questioned the consultation which could take place.

The Monitoring Officer confirmed that consultation with Members was already part of the Council’s Constitution and, as the virus progressed, there may be a need to change it quickly to adapt to the situation as advised by the Government. He also noted that the recommendations were to protect the Council as currently some decisions in the Constitution could only be taken by Full Council and the delegation to the Chief Executive and Directors meant if one fell ill then others could still act in an emergency situation.

An additional recommendation was proposed that the provisions be reviewed in 3 months time and this was seconded. On being put to the vote this was confirmed by 23 in favour, 3 against and 0 abstentions.

The full recommendations were then put to the vote and were confirmed by 24 votes in favour, 2 against and 0 abstentions.

RESOLVED:	That Full Council agreed the following changes be made to the Council’s Constitution:
	a.	To amend Part 3, Responsibility for Functions, Sections 3 and 4 of the Council’s Constitution to allow delegated authority to the Chief Executive, and to the relevant Director in the Chief Executive’s absence where not already delegated, to take Executive and Quasi-Judicial decisions in consultation with the Leader of the Council (or Deputy) and the relevant Portfolio Holder, Ward Member and Committee Member if practicable, if meetings of the relevant committee are unable to be held;
	b.	If legislation and technology allows, then enable Councillors to make decisions by remote, virtual meetings using available technology;
	c.	That delegated authority be given to the Monitoring Officer and Chief Executive to amend the Constitution to reflect any further changes that are required as a direct result of Government Legislation /Guidance resulting from the coronavirus (COVID-19) situation;
	d.	These changes in procedure will cease when the Government announces that the coronavirus (COVID-19) crisis is over and when normal meetings can resume.
	e.	That these changes in procedure be reviewed in 3 months.
Reason:	To ensure that the Chief Executive (and Directors if the Chief Executive is not available) have sufficient powers to allow the business of the Council to continue to function as Council meetings are postponed on Government advice during the current coronavirus (COVID-19) situation.