Shadow Dorset Council Call-in arrangements
To receive an overview of the
Shadow Dorset Council Call-in arrangements as set out in the Constitution.
Minutes:
The
Chairman introduced the item which had been prompted by a recent Call-in
request in respect of a decision of the Shadow Executive Committee on 17
September 2018 on the transfer of services and assets. The Call-in had been instigated but
subsequently rejected by the Monitoring Officer. The Chairman felt that this should have been
dealt with as a Call to Account.
The
Interim Monitoring Officer provided information in order to clarify the
situation. He noted that Call-in should only
be used in exceptional circumstances and explained the situation with regard to
Call-in in the Shadow Dorset Council and in the new Dorset Council. For the new Dorset Council it was proposed
that a Call-in could be instigated where the executive failed to follow the
policy framework or the Budget set by Full Council or where the executive did
not follow principles for good decision making.
The current situation in the Shadow Dorset Council was very different given
the constrained time period within which it operated and the requirement to be
safe and legal on day 1. The Shadow
Constitution, which had largely been drawn from one used by another council,
provided only narrow opportunities for a decision to be called in – in essence
the only factor that could be considered was whether the decision was in
accordance with law. The recent Call-in
had been procedurally correct but had been rejected as it was not an unlawful
decision.
It
was agreed that as this had been dealt with, discussion would move to the next
item on the agenda.