12.01 Responsibility for decision making
The Council will issue and keep up to date a record of what part of the Council or individual has responsibility for particular types of decisions or decisions relating to particular areas or functions. This record is set out in Part 3 of this Constitution.
12.02 Principles of decision making
All decisions of the Council will be made in accordance with the following principles:
(a) proportionality (i.e. the action must be proportionate to the desired outcome);
(b) due consultation and the taking of professional advice from officers;
(c) respect for human rights;
(d) a presumption in favour of openness;
(e) clarity of aims and desired outcome;
(f) equal opportunities for all;
(g) explanation of any alternative options considered and reasons for arriving at the decision; and
(h) proper regard for the council's values and culture:
Values
We will
- behave with honesty to each other and the public.
- respect each other including diversity.
- say thanks.
- seek a suitable work life balance.
- behave ethically.
- have regard to the environmental consequences of our behaviour.
Culture
We aim to
- continually strive to do things better.
- change things for the better.
- treat our customers fairly and with respect and whenever possible put their needs first.
- work as a team.
- promote the role of elected members.
- assess and take appropriate risks.
- be individually responsible and accountable.
- give prominence to the purpose of any job more than a list of tasks.
- say sorry when we make a mistake and support each other to learn from the experience.
12.03 Types of decision
(a) Decisions reserved to full Council. Decisions relating to the functions listed in Article 4.02 will be made by the full Council and not delegated.
(b) Key decisions.
(i) A key decision is defined as any decision in relation to an executive function that is likely to result in revenue or capital expenditure, income or savings exceeding £57,000 and £143,000 (increased annually in line with RPI-x (the Retail Prices Index excluding mortgage interest payments)) respectively in any single financial year, or any decision that is likely to have a significant impact on two or more wards of the Council.
(ii) Budget setting is not an executive function, and is not, therefore, a key decision - budget setting is a Council function. However, the use of an approved budget in, for example, awarding a contract, is a key decision if it meets the definition in (i) above.
(iii) A decision taker may only make a key decision in accordance with the requirements of the Cabinet Procedure Rules set out in Part 4 of this Constitution.
12.04 Decision making by the full Council
Subject to Article 12.08, the Council meeting will follow the Council Procedures Rules and the Access to Information Procedure Rules set out in Part 4 of this Constitution when considering any matter.
12.05 Decision making by the Cabinet
Subject to Article 12.08, the Cabinet will follow the Cabinet Procedures Rules and the Access to Information Procedure Rules set out in Part 4 of this Constitution when considering any matter.
12.06 Decision making by Policy Development and Performance Monitoring Panels
The Policy Development Panel and the Performance Monitoring Panel will follow the Overview and Scrutiny Procedure Rules and the Access to Information Procedure Rules set out in Part 4 of this Constitution when considering any matter.
12.07 Decision making by other committees, sub-committees and panels established by the Council
Subject to Article 12.08, other Council committees, sub-committees and panels will follow those parts of the Council Procedures Rules and the Access to Information Procedure Rules set out in Part 4 of this Constitution as apply to them.
12.08 Decision making by Council bodies acting as tribunals or in a quasi judicial manner
The Council, a councillor or an officer acting as a tribunal or in a quasi judicial manner or determining/considering (other than for the purposes of giving advice) the civil rights and obligations or the criminal responsibility of any person will follow a proper procedure which accords with the requirements of natural justice and the right to a fair trial or hearing contained in Article 6 of the European Convention on Human Rights.
