Motions received by the Chief Executive

Report: 4
Date: 27 November 2008
By: the Chief Executive

Summary

To consider two motions received by the Chief Executive from Joanne McCartney and Jenny Jones.

A. Recommendation

That members consider the motions received by the Chief Executive.

B. Supporting information

1. The Chief Executive has received the following two motions

1. Proposed by Joanne McCartney Seconded Jenny Jones
   ‘This Authority resolves to review Section 6.1 of the Authority’s Standing Orders (Urgency powers) and its appropriateness. This review will assess whether current urgency powers sufficiently defend the Authority’s democratic processes. It will be conducted by the Corporate Governance Committee, and report to the full Authority, with a view to amending standing orders, if necessary’.
2. Proposed Jenny Jones Seconded Joanne McCartney
   ‘This Authority resolves to examine any decision taken on behalf of the Authority, following Sir Ian Blair’s resignation, with regard to the outgoing commissioner’s salary, pension, or benefits.

This Authority will be provided with all background information in support of any such decision, in order that it may have a detailed debate of the matter and examine the decision’.

2. In relation to the first motion (a) from Joanne McCartney to assist members details of the current procedures relating to Section 6.1 of the Authority’s Standing Orders (Urgency powers) are attached at Appendix 1 to this report.

C. Race and equality impact

There are no race and equality impact arising from these motions.

D. Financial implications

There are not financial implications.

E. Background papers

None

F. Contact details

Report author(s): Nick Baker, MPA

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Appendix 1

6.1 Urgency powers

6.1.1 There is a presumption that all decisions required to be made by the Authority and not delegated to the officers will be made through the Authority’s normal committee processes. The Co-ordination and Policing Committee exercises an urgency function and can deal with urgent matters that cannot wait for the next meeting of the Authority or the committee to which the power is reserved.

6.1.2 Where these urgency committee arrangements cannot be invoked, and only in such circumstances, the Chief Executive and/or Treasurer may take the necessary decision (after consultation with the Commissioner as appropriate). However, this delegation is subject to the following process having been followed.

6.1.3 The fundamental principle is that appropriate members should be consulted:

• Where the decision would normally be taken by the full Authority, the Chief Executive / Treasurer shall consult with the Chair and both Deputy Chairs of the Authority.
• Where the decision would normally be delegated to a committee, the Chief Executive / Treasurer shall consult with the Authority Chair and the Chair and Deputy Chair of that committee.

6.1.4 The Chief Executive / Treasurer shall use the most appropriate method of consulting with these members. This may be by way of a meeting, or by telephone, letter or email. However, unless circumstances do not allow it, the general presumption is that members will be consulted in writing and supplied with sufficient supporting information to enable them to come to an informed view.

6.1.5 Although every effort must be made to consult all the above members, the minimum requirement, if the matter is of extreme urgency and not all members are available, is for consultation:

• for decisions normally taken by the full Authority, with the Chairman or Vice Chairman of the Authority
• for decisions normally taken by a committee, the Authority Chairman or Vice Chairman and the Committee Chairman – both must concur with the proposed decision

6.1.6 The Chair of the Authority or of a Committee can nominate another member in their or the Deputy Chair’s place if they are going to be unavailable

6.1.7 The Chief Executive / Treasurer shall also make every effort to inform all members of the relevant committee (or of the Authority where the decision would normally be taken by the full Authority) that it is proposed to take a decision, together with summarised details of the action proposed. A decision shall not be invalidated by this not having been done. If it is not practicable to communicate with members before the decision is taken, they shall be informed as soon as possible afterwards of that decision.

6.1.8 Urgent decisions taken under delegated authority in this way must be reported to the next meeting of the Authority for information. In doing so, the Chief Executive / Treasurer shall indicate which members were consulted before the decision was taken.

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