Agenda item

To consider the report of the Executive Head of Corporate (attached.)

The Council considered a report of the Governance Working Group relating to Urgent Action and Data Protection Training for Members.

Members were reminded that Urgent Action decisions made by officers relating to Executive functions were made after consultation with the Leader or relevant Portfolio holder and with the Chairman or Vice-Chairman of the relevant Scrutiny Committee. However, Urgent Action Decisions relating to Council or regulatory functions were made after consultation with the Leader and Mayor in relation to Council functions or the Chairman or Vice Chairman of the relevant Committee. The legislation did not provide for scrutiny or call-in procedures in relation to decisions of the Council or Committees as they were not part of the Executive decision making process.

The Working Group reviewed the provisions in the Constitution relating to Urgent Action and consultation with Members, and considered that they were proportionate, relevant and necessary.  However Members suggested that when urgent action decisions were made, all Members be notified by email prior to the information report being submitted to the appropriate body.

The Council’s Constitution at Part 5, Section C included the ICT Code of Practice for Members. The Officer Corporate Risk Management Group had highlighted the need to ensure that members received regular adequate training in relation to Data Protection.The Working Group had considered and agreed that a provision be added to the ICT Code which required Members to undertake mandatory bi-annual training in relation to Data Protection.

RESOLVED that

(i)        the Constitution at Chapter Part 3, Section B Paragraph 4 be amended as follows:

4. Urgent Action

4.1    The Chief Executive, Executive Head of Service or Head of Service are authorised to determine matters of an urgent nature which cannot wait for the next meeting of the decision-making body which are not key decisions and which do not contravene established policies or budgets,

4.1.1     after consultation with the Leader and Mayor in relation to Council functions;

4.1.2     after consultation with the Leader or relevant Portfolio holder andwith the Chairman or Vice-Chairman of the relevant Scrutiny Committee in relation to Executive functions;

4.1.3     after consultation with the Chairman or Vice Chairman of the relevant regulatory Committee.

4.2        All matters will be reported to the next meeting of the appropriate decision-making body. All Members will be advised by email as soon as a decision has been made and that decision will also be reported to the next meeting of the appropriate decision-making body.

(ii)      theICT Code of Practice for Members at Part 5, Section C of the Constitution be amended by the addition of the following wording:

10. Data Protection

10.3  In order to protect themselves and the Council, all Members are required to undertake bi-annual training in relation to Data Protection.