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.