Role
1.
The Cabinet will carry
out all of the Council’s functions
which are not the responsibility of any other part of the Council,
whether by law or under this Constitution.
Form and composition
(i) The Cabinet will
consist of the Leader together with at least two, but not
more than nine, councillors appointed
to the Cabinet by the Leader. The Cabinet currently comprises the
Leader and nine other Cabinet members.
(ii)
Only councillors may be appointed to
the Cabinet.
(iii) There may be no
co-optees and no deputies or
substitutes for Cabinet members. Cabinet may however invite members
and others to attend their meetings and, with the consent of the
chair, speak.
(iv) Neither
the Lord Mayor nor the (Sheriff and) Deputy Lord
Mayor may be appointed to the Cabinet and neither the
Leader nor any of member of the Cabinet may be
appointed to the office of Lord Mayor or (Sheriff
and) Deputy Lord Mayor.
(v)
Members of the Cabinet (including the Leader) may not
be members of a scrutiny committee.
Leader
(i) The Leader will be a
councillor elected to the position of
Leader by the Council. Each election will be held on the day of the
Annual Meeting when the incumbent’s term of office as Leader
expires.
(ii) The Leader
will hold office until the first Annual Meeting after his/her
normal day of retirement as a councillor (this being the fourth day after the
ordinary day for elections in the year his/her term of office as a
councillor expires, which will normally
be four years after his/her election as a councillor) unless:
(a) he/she
resigns from the office; or
(b) he/she
ceases to be a councillor;
or
(c) the Council resolves to remove
the Leader by a vote passed by a simple majority of those present
and voting at a meeting of the Council upon a motion moved by
written notice under Standing Order 14 provided the notice is
signed by at least seven seconders as well as the
proposer.
(iii)
In the event of any casual vacancy in the position of Leader, the
Council shall fill the vacancy at its next ordinary meeting of the
Council held after the date on which the
vacancy occurs or, if the Council then chooses, at the next
following ordinary meeting of the Council. The Proper Officer shall
include the filling of the vacancy as an item of business on the
agenda for such meeting.
Other Cabinet Members
(i) Other Cabinet
members will be councillors elected to
the position of Cabinet Member by the Leader. Each Cabinet Member
shall hold office until:
(a) he/she
resigns from that office; or
(b) he/she is removed from
that office by the Leader upon such notice (if any) as the Leader
considers appropriate; or
(c) he/she ceases to be
a councillor.
(ii) The Leader
may at any time appoint a Cabinet Member to fill any
vacancy.
Deputy Leader
(i) The Leader may
designate one of the Cabinet Members as Deputy
Leader.
(ii) The Deputy may
exercise all the functions of the Leader where the position is
vacant or where the Leader is absent or is otherwise unable to
act.
Proceedings of the
Cabinet
Proceedings of the Cabinet shall take place in
accordance with the Cabinet Procedure Rules set out in Part 4D of
this Constitution.
Responsibility for
functions
(i) The Leader may
exercise executive functions himself/herself or may otherwise
make arrangements to delegate
responsibility for their discharge as set out in paragraph (ii)
below.
(ii)
The Leader may delegate executive functions to-
(a) The Cabinet as a whole;
(b) A committee of the Cabinet (comprising Cabinet members
only);
(c) An individual Cabinet Member;
(d) An area committee, i.e. ward committee;
(e) A joint committee;
(f) Another local authority or the executive of another
local authority;
(g) A Delegated Officer.
(iii) The Leader will
maintain a list in Part 3 of this Constitution setting out the
arrangements that have been made by him/her for the exercise of
executive functions under paragraph (ii).
Cabinet Members’ Roles and
Portfolios
(i) Cabinet members
shall collectively and individually undertake leadership roles as
determined by the Leader, including:
(a)
leading the community planning process and the search for best
value, with input and advice from select, area and ward
committees;
(b)
leading the preparation of the Council’s policies and
budget;
(c) taking in-year
decisions on resources and priorities, together with other
stakeholders and partners in the local community, to deliver and
implement the budget and policies decided by the Council;
and
(d)
being the focus for forming partnerships with other local public,
private, voluntary and community sector organisations to address local needs.
(ii) The Leader may
allocate portfolios to himself and other members of the
Cabinet.
(a)
The Leader will maintain a list in Part 3.4 of this Constitution
setting out the allocation of portfolios; and
(b)
The Leader will report to the next ordinary meeting of the Council
such allocations and any alterations in such
allocations.
Leader and Deputy of the
Opposition
The Council shall appoint a councillor to the positions of Leader of the
Opposition and Deputy Leader of the Opposition
whether or not they are also appointed
to be Cabinet Members.