Agenda item

To consider the report of the Head of Legal and Corporate Compliance (Monitoring Officer).

Consideration was given to the report of the Head of Legal and Corporate Compliance (Monitoring Officer).

At the invitation of the Chair, the Head of Legal and Corporate Compliance presented the report, the purpose of which was to establish temporary emergency Governance arrangements in order that decisions may continue to be taken to delay and mitigate the spread and impact of Corona Virus within the community whilst protecting the workforce and residents, particularly those who were most vulnerable.

As the virus was spreading quickly, the measures taken by the Council to date as part of its emergency response was, amongst other things, to move to the delivery of only critical services.

In terms of the decision making process there was a need to respond quickly to these changes.  Blaenau Gwent’s local scheme of delegation, contained in Section 13 of the Constitution, already delegated a wide range of operational issues to officers.  However, most policy determinations and major decisions which had a wider impact were reserved to the Executive for decision but given that Council meetings had been cancelled for the foreseeable future there was a need to put in place temporary emergency steps to effectively respond to the potential impact of COVID 19, and to continue to deliver critical services and protect local communities and staff.

It was, therefore, proposed that the Managing Director or her nominated deputy (being any officer comprised of the Corporate Leadership Team) should have temporary delegated power to make Executive decisions on behalf of the Council.  In addition, a temporary Emergency Committee be established in order to consider significant issues which may arise and which may fall outside the Council’s current agreed policy or budget framework.  This Committee would consist of 5 Members and in the event that a Member of this Committee became unavailable, a substitute would be able to be nominated. The remit of this Committee was detailed in paragraph 3.1 of the report.

It was noted that the statutory power to permit such delegation was contained within section 15(2) of the Local Government Act 200, which provisions enabled a Council to arrange for functions of the Executive to be discharged by a Committee or officers of the Authority.

The Head of Legal and Corporate Compliance concluded by recommending that Option 1 be endorsed.

The Leader of the Council said that it was absolutely necessary to support the report and the recommendation to establish an Emergency Committee. Named representatives would be forwarded to Democratic Services and the Managing Director following the meeting.  Flexibility for substitutes would ensure optimum attendance.  He concluded by advising that he would propose that Option 1 be endorsed at the appropriate juncture.

The Leader of the Labour Group supported the Leader’s comments and advised that he would also submit a named representative following the meeting.

It was, thereupon, proposed and unanimously supported that Option 1 be endorsed.

RESOLVED that the report be accepted and that Option 1 be endorsed, namely:

-      In  respect of the exercise of Executive Functions as outlined in the Council’s Constitution, the Council temporarily delegated power and responsibility for exercising Executive functions (which have not already been delegated by virtue of existing arrangements within the Council’s Constitution) to the Managing Director (and in her absence or incapacity to any of her nominated deputies being any officer of the Corporate Leadership Team) to make decisions and undertake any actions required to ensure critical services continued to operate based on business continuity plans, in order to ensure the Council and its residents were protected.

-      In order to ensure there was appropriate involvement of Elected Members, there would be established (without further report) an Emergency Committee of Elected Members comprising the Leader of the Council, the Leader of the Labour Group, two Independent Elected Members and one Labour Elected Member, who would be consulted on decisions which may fall outside the Council’s current budget or policy framework. Any urgent decisions which were required to be taken which were outside the Council’s current policy and budgetary framework, must be taken in accordance with the existing provisions of Paragraph 15.5 of the Council’s Constitution, with the additional proviso that the Emergency Committee must be consulted prior to any such decision being taken.

-      In addition, the Managing Director (or her nominated deputy) should make all reasonable efforts to contact the Leader and/or other Members of the Emergency Committee to inform him/her of the circumstances and of her/his decisions as soon as reasonably practicable.

-      In the event that a Member of the Emergency Committee became unavailable, they may nominate a substitute. The Emergency Committee may conduct its business by email, telephone or using any digital means at their disposal. It was not intended that there be a minimum “quorum” for this Committee. The details of the communication arrangements may be agreed between the Managing Director and the Leader of the Council or their nominated substitutes. The arrangements would continue until further notice.

-      In terms of existing delegated powers i.e. those which were delegated in the Constitution to named Directors/Senior Officers, for the avoidance of doubt, the Managing Director should be entitled to exercise any functions otherwise delegated to a Chief Officer in the event of that officer’s absence or inability to exercise specific delegated powers, or in an emergency. 

-      All decisions taken as a result of this temporary delegation should be recorded on a “Decision Notice” and (unless deemed “Exempt Information” by the Council’s Monitoring Officer) displayed for public access purposes on the Council’s website, as soon as was reasonably practicable.