Your rights
1. Executive Arrangements
These rights will apply to all meetings of the Council,
Scrutiny, Standards and regulatory committees and public meetings
of the executive.
2. Rights to attend meetings
Members of the public may attend all meetings subject only to
specific exceptions. These are attached as appendix A.
3. Notices of Meeting
The Council will give at least 5 clear days notice of any
meeting by posting details of the meeting at all Council
Offices.
4. Access to agenda and reports before the meeting
The Council will make copies of the agenda and reports open to
the public available for inspection at Allerdale House, Workington,
Cumbria and on the Council's web site at least 5 clear days before
the meeting. If an item has been added to the agenda later, the
revised agenda (where reports are prepared after the summons has
been sent out, the designated officer shall make each such report
available to the public as soon as the report is completed and sent
to Councillors) will be open to inspection for the time the item
was added to the agenda.
5. Supply of Copies
The Council will supply copies of:
(a) Any agenda and reports which are open to public
inspection;
(b) Any further statements or particulars necessary to indicate the
nature of the item's in the agenda; and
To any person on payment of a charge for postage and any other
costs.
6. Access to minutes etc after the meeting
The Council will make available copies of the following for six
years after a meeting:
(a) Records of the decisions taken, together with reasons, for
all meetings of the executive, excluding an part of the minutes of
proceedings when the meeting was not open to the public or which
disclose exempt or confidential information.
(b) A summary of any proceedings not open to the public where the
minutes open to inspection would not provide a reasonably fair and
coherent record;
(c) The agenda for the meeting; and
(d) Reports relating to items when the meeting was open to the
public
7. Background Papers
The Borough Solicitor will set out in every report a list of
those documents (called background papers) relating to the subject
matter of the report which in his opinion:
(a) Disclose any facts or matters on which the report or an
important part of the report is based; and
(b) Which have been relied on to a material extent in preparing the
report.
But does not have to include published works or those which
disclose exempt or confidential information.
The Council will make available for public inspection for four
years after the date of the meeting one copy of each of the
documents on the list of background papers.
8. Summary of Public Rights
A written summary of the public's rights to attend meetings and
inspect and copy documents will be kept at Allerdale House,
Workington and will be made available to the public on the
Council's web site.
9. Procedure before taking key decisions
This procedure is outlined in the Constitution.
10. Content of the forward Plan
Details of the content of the forward Plan is outlined in the
Constitution.
11. General Exception
If a matter which is likely to be a key decision has not been
included in the forward plan, then subject to rule 12 (special
urgency), the decision may still be taken if:
(a) the decision must be taken by such a date that it is
impracticable to defer the decision until it has been included in
the next forward plan and until the start of the first month to
which the next forward plan relates;
(b) the Borough Solicitor has informed the chair of Scrutiny, or if
there if no such person, each member of that committee in writing,
by notice, of the matter to which the decision is to be made;
(c) the Borough Solicitor has made copies of that notice available
to the public at the offices of the Council; and
(d) At least 5 clear days have elapsed since the proper officer
complied with (a) & (b).
Where such a decision is taken collectively, it must be taken in
public.
12. Special Urgency
If a decision is so urgent that rule 11 (the general exception
rule) cannot be operated it can only be taken with the agreement of
the Chairman of Scrutiny or in his/her absence the Mayor or Deputy
Mayor.
13. Report to Council
When Scrutiny can require a report
If Scrutiny Committee thinks that a key decision has been taken
which was not:
(a) included in the forward plan
(b) the subject of the general exception procedure; or
(c) the subject of an agreement with a relevant Scrutiny chairman,
or Mayor/Deputy Mayor of the Council under rule 12
the Committee may require the executive to submit a report to
the Council within such reasonable time as the committee specifies.
The power to require a report rests with the committee, but is also
delegated to the proper officer, who shall require such a report on
behalf of the committee when so requested by resolution passed at a
meeting of the Scrutiny Committee.
Executive's report to Council
The Executive will prepare a report for submission to the next
available meeting of the Council. However, if the next meeting of
the Council is within 7 days of receipt of the written notice, or
the resolution of the Committee, then the report may be submitted
to the meeting after that. The report to Council will set out
particulars of the decision, the individual or body making the
decision and if the leader is of the opinion that it was not a key
decision the reasons for that opinion.
Quarterly reports on special urgency decisions
In the event the leader will submit quarterly reports to the
Council on the executive decisions taken in the circumstances set
out in rule 12 (special urgency) in the preceding three months. The
report will include the number of decisions so taken and a summary
of the matters in respect of which those decisions were taken.
Record of Decisions
After any meeting of the Council, executive or any of its
committees, whether held in public or private, the Borough
Solicitor or, where no officer was present, the person presiding at
the meeting will produce a record of every decision taken at that
meeting as soon as practicable. The record will include a statement
of the reasons for each decision and any alternative options
considered and rejected at that meeting.
Executive meetings relating to matters which are Key
Decisions
Where the executive leader or any other person likely to preside
at the meeting believes that (a) or (b) applies in relation to a
meeting, or a part of a meeting, of a decision making body, that
meeting or part of a meeting must be held in public (except where
personal or confidential matters are being discussed).
(a) a decision to be made will be a key decision
(b) a matter that is included on the forward plan or is the subject
of a notice given under general exception is likely to be discussed
and the decision on that matter is likely to be made within 28
days.
Executive meetings relating to matters which are not Key
Decisions
The executive will decide whether meetings relating to matters
which are not key decisions will be held in public or private.
Notice of private meetings of the Executive
The executive can call private meetings (excluding other
councillors) as long as they are recorded and minutes.
14. Decisions by individual members of the Executive
The public are entitled to access to reports taking into account
specific exceptions and records of such decisions. Further
information is contained within the constitution.