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Part 5 - Protocol on decisions to be taken by Executive Members

Below is the protocol on decisions to be taken by Executive Members.

3.1         Publication of information before decisions are taken by Executive Members

3.1.1             Where any decision is to be made by an Executive Member, the Chief Executive, Director or Head of Service will prepare a report about that decision.  The information, which must, as a minimum, be included in the report, is specified in the Scheme of Delegation set out in Part 3, Section 5 of the Council’s Constitution.
3.1.2             A copy of the report shall be sent to the Head of Democratic Services at the same time as it is sent to the Executive Member.  Subject to the Rules on Access to Information about the County Council’s Formal Business, the Head of Democratic Services will publish the report as a “decision to be taken” by sending it to:

(a)               Group Leaders;

(b)               Chairs of the relevant Scrutiny Committees;

(c)               Relevant Local Member(s);

(d)               The Chief Executive and all Directors;

(e)               Press;

(f)                County Council's web site;

(g)               Remaining Members of the Council by email;

(h)               Political Assistants by email.

3.1.3             Unless the Rules on Access to Information about the County Council’s Formal Business set out in Part 4 of the Council's Constitution have been complied with, key decisions by Executive Members will not be taken until at least five days have elapsed after the report has been published by the Head of Democratic Services.

3.1.4             Non-key decisions by Executive Members will not normally be taken until at least five days have elapsed after the report has been published by the Head of Democratic Services.  The Chief Executive will decide whether a decision may be taken before five days have elapsed.  If it is, that fact and the reason for it, will be published with the report.
3.1.5             Publication will normally take place on each Friday afternoon.
3.1.6             In taking the decision, the Executive Member will take into account any representations received since the “decision to be taken” was published.

3.2                Publication of information after decisions are taken by Executive Members

3.2.1             The report about a decision will form the formal decision record and an original signed by the Executive Member will be sent by the relevant Officer to the Head of Democratic Services immediately a decision is taken.
3.2.2             The Head of Democratic Services will, on a weekly basis, publish as a “decision taken”, a list of all decisions taken by Executive Members since the last list was published.
3.2.3             Publication will normally take place on each Friday afternoon and will be undertaken in the same way as publication of the report.
3.2.4             Decisions taken by a Cabinet Member shall be reported to the next ordinary meeting of full Council.

3.3                Calling in executive decisions

The Call-in Procedure Rules set out in Part 4 of the Council's Constitution apply to all decisions taken by Executive Members. The call-in process starts from when the “decision to be taken” report is published.

3.4         Proformas

All stages of the Executive Member decisions process will be supported by standard proformas.

3.5         Confidential and Exempt Information

              In accordance with the Rules on Access to Information about the County Council’s Formal Business set out in Part 4 of the Council's Constitution confidential and exempt information will not be published.

Page updated: 12/10/2020 Page updated by: Gloucestershire County Council

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