Decision Making Arrangements
Constitution
1 The Constitution sets out the political decision making arrangements which have been adopted by the County Council.
Cabinet
2 The Cabinet comprises the Leader and Deputy Leader of the Council and six other members of the administration appointed by the Leader. Its functions are set out in Table 1 of Part 3 of the Constitution. The Leader has delegated some of his/her decision making powers to the Cabinet and to individual Lead Cabinet Members (see Table 3 in Part 3 of the Constitution).
Scrutiny Committees
3 The roles and functions of County Council’s scrutiny committees are set out in Article 6 in Part 2 of the Constitution. Places are allocated to the party groups in proportion to the number of seats on the County Council held by each group. The number of chairs and vice-chairs from each party group reflects the proportion of seats it has on the Council.
Regulatory Committee
4 Regulatory functions are performed through a Regulatory Committee from which the Planning Committee and panels to undertake the quasi judicial functions of the County Council are drawn. Again, places on the Regulatory Committee and the Planning Committee are allocated to party groups in proportion to the number of seats on the Council held by each group.
Other Committees
5 The Council also appoints a Governance Committee, a Standards Committee and a range of other committees and panels to perform specific functions. A complete list of committees and their size and directions as to where their terms of reference can be found in the Constitution are set out on pages 3 – 7.
Committee Memberships
6 Where places are allocated in accordance with political proportionality, each group nominates the members to fill the places allocated to it. If you wish to change the committees on which you serve, you should discuss the matter with your Group Leader or Group Whip. They will inform the Chief Executive in writing of any changes.
“Substitutes” on Committees
7 Where a member is unable to attend a meeting, it is possible for them to resign temporarily and for their political group to nominate a replacement on the basis that the permanent member will subsequently resume his or her seat on the committee. Notice of the change must be given in writing to the Assistant Chief Executive before the start of the meeting. The notice must be signed by the Leader or Deputy Leader of the appropriate political group. Forms for this purpose are available from the Democratic Services Team. The arrangements are formalised in Standing Order 48.5, although the following specific points need to be borne in mind:
· “substitutes” are not permitted in relation to the Cabinet;
· the chairs of the scrutiny committees have agreed that there should be a presumption against the appointment of “substitutes” on scrutiny committees. This is on the basis that it will be very difficult for a member attending a meeting on a one-off basis part way through an investigation to make a meaningful contribution. Given the strong desire on the part of all party groups to work together on these committees, the chairs feel that full representation from each party group is less important than in other situations;
· only members of the Regulatory Committee may perform the functions of that committee or its sub-committees or panels. Accordingly, if a member is unable to attend, say, the Planning Committee any “substitute” must be drawn from the Regulatory Committee.
Committee Preferences
8 In thinking about your committee preferences, you will wish to consider whether there are committees or sub-committees on which it would not be sensible for you to serve because of your professional or other interests. You will wish to consider particularly whether you have personal interests which could involve you in conflicts of interest and, therefore, frequently having to declare an interest and leave meetings. This situation is most likely to arise in relation to the Planning Committee.
SIZE OF THE CABINET AND COMMITTEES
|
Cabinet (Quorum 5) |
Membership |
Terms of Reference (Articles and Sections below refer to the Constitution)
Table 1, Part 3 |
|
Leader of the Council |
1 |
|
|
Deputy Leader of the Council |
1 |
|
|
Other councillors appointed by the Leader |
6 |
|
|
|
Total 8 |
|
|
Scrutiny Committees |
|
|
|
People |
|
|
|
Councillors |
11 |
|
|
Parent Governors |
2 |
|
|
Denominational representatives |
2 |
|
|
(Quorum 8 of whom 6 must be County Councillors) |
Total 15 |
|
|
Health Overview and Scrutiny |
|
|
|
Councillors |
7 |
|
|
Co-opted Members nominated by Borough & District Councils |
5 |
|
|
Co-opted Members nominated by the voluntary sector |
2 |
|
|
(Quorum 4 County Councillors) |
Total 14 |
|
|
Place (Quorum 6) |
11 |
|
|
(Members of the Cabinet may not serve on a Scrutiny Committee but will be expected to comply with a request to attend a meeting of a Scrutiny Committee to address issues relating to their area of responsibility – Standing Order 49.2) |
|
|
|
Audit Committee (Quorum 4 County Councillors) (Members of the Cabinet may not serve on the Audit Committee)
Councillors
Independent Members |
7
2
Total 9 |
Table 5, Part 3 |
|
Regulatory Committee (Quorum 9)
|
18 |
|
|
Planning Committee (Quorum 4) |
7 |
Table 4, Part 3 |
|
(Membership of the Committee must be drawn from the Regulatory Committee) |
|
|
|
(Members of the Cabinet may not serve on the Regulatory Committee) |
|
|
|
|
|
|
|
Governance Committee (Quorum 3) |
6 |
Table 5, Part 3 |
|
|
|
|
|
Standards Committee (Quorum 4)
|
7 |
Article 9, Part 2 |
|
Pension Committee (Quorum 3)
|
5 |
Article 5, Part 3 |
Other Committees, Panels and Forums
|
|
Membership |
Terms of Reference (Articles and Sections below refer to the Constitution) |
|
1. Complaints Panels |
Independent chair, member of the relevant Departmental Management Team (without line management responsibility) member of most appropriate Scrutiny Committee.
|
Table 5, Part 3 |
|
2. County Joint Consultative Committee |
5 Councillors, 8 employee representatives (6 UNISON, 1 T&GWU, 1 GMB) |
Table 5, Part 3 |
|
3. Joint Advisory Committee (Schools) |
5 Councillors and representatives of teachers and support staff
|
Table 5, Part 3
|
|
4. County Consultative Committee (Governors) |
5 Councillors and representatives of Governors
|
Table 5, Part 3
|
|
5. Standing Advisory Council for Religious Education |
5 Councillors and other members in accordance with statutory requirements |
Table 5, Part 3
|
|
6. East Sussex Schools Forum |
Lead Cabinet Member for Education plus representatives of other interests in accordance with statutory requirements. |
Table 5, Part 3 |
|
7. School Admissions Forum |
Lead Cabinet Member for Education and Education Spokespersons from other parties plus representatives of other interests in accordance with statutory requirements. |
Table 5, Part 3 |
|
8. Corporate Parenting Panel
|
7 Councillors |
Table 5, Part 3 |
|
9. Adoption and Permanence Panels – one Panel covering the east of the County and the other the west |
Each Panel - 1 Councillor and other members in accordance with statutory requirements
|
Table 5, Part 3 |
|
10. Fostering Panel |
1 Councillor and other members in accordance with statutory requirements
|
Table 5, Part 3
|
|
11. Joint Strategic Planning Advisory Committee |
6 County Councillors, 6 Brighton & Hove City Councillors
|
Article 11, Part 2
|
|
12. Recruitment Panels (Chief Executive and Directors)
|
5 Councillors selected as the need arises |
Table 5, Part 3
|
|
13. Recruitment Panel (management posts other than those listed in 16 above).
|
5 Councillors selected as the need arises |
Table 5, Part 3
|
|
14. Pension Board |
3 employer representatives, 3 scheme member representatives, independent chair |
Table 5, Part 3 |
Note: For Panels of the Regulatory Committee see list in Part 3.