Decision Making Arrangements

Constitution

1. The Constitution sets out the political decision making arrangements which have been adopted by the County Council.

Cabinet

2. The Cabinet comprises the Leader and Deputy Leader of the Council and seven other members of the administration appointed by the County Council. Its functions are set out in Table 1 of Part 3 of the Constitution. The Cabinet has delegated some of its decision making powers to individual Lead Cabinet Members (see Table 2 in Part 3 of the Constitution).

Scrutiny Committees

3. In addition, the County Council has six scrutiny committees. Their roles and functions are set out in Article 6 in Part 2 of the Constitution. Places are allocated to the party groups in proportion to the number of seats on the County Council held by each group. The number of chairmen from each party group reflects the proportion of seats it has on the Council.

Regulatory Committee

4. Regulatory functions are performed through a Regulatory Committee from which the Planning Committee and panels to undertake the quasi judicial functions of the County Council are drawn. Again, places on the Regulatory Committee and the Planning Committee are allocated to party groups in proportion to the number of seats on the Council held by each group.

Other Committees

5. The Council also appoints a Governance Committee, a Standards Committee and a range of other committees and panels to perform specific functions. A complete list of committees and their size and directions as to where their terms of reference can be found in the Constitution is set out below.

Committee Memberships

6. Where places are allocated in accordance with political proportionality, each group nominates the members to fill the places allocated to it. If you wish to change the committees on which you serve, you should discuss the matter with your Group Leader or Group Whip. They will inform the Director of Law and Performance Management in writing of any changes.

"Substitutes” on Committees

7. Where a member is unable to attend a meeting, it is possible for him or her to resign temporarily and for his or her political group to nominate a replacement on the basis that the permanent member will subsequently resume his or her seat on the committee. Notice of the change must be given in writing to the Director of Law and Performance Management before the start of the meeting. The notice must be signed by the Leader or Deputy Leader of the appropriate political group. Forms for this purpose are available from the Democratic Services Team. The arrangements are formalised in Standing Order 48.5, although the following specific points need to be borne in mind:

• "substitutes” are not permitted in relation to the Cabinet;
• the chairmen of the scrutiny committees have agreed that there should be a presumption against the appointment of "substitutes” on scrutiny committees. This is on the basis that it will be very difficult for a member attending a meeting on a one-off basis part way through an investigation to make a meaningful contribution. Given the strong desire on the part of all three party groups to work together on these committees, chairmen feel that full representation from each party group is less important than in other situations;
• only members of the Regulatory Committee may perform the functions of that committee or its sub-committees or panels. Accordingly, if a member is unable to attend, say, the Planning Committee any "substitute” must be drawn from the Regulatory Committee.

Committee Preferences

8. In thinking about your committee preferences, you will wish to consider whether there are committees or sub-committees on which it would not be sensible for you to serve because of your professional or other interests. You will wish to consider particularly whether you have personal interests which could involve you in conflicts of interest and, therefore, frequently having to declare an interest and leave meetings. This situation is most likely to arise in relation to the Planning Committee.

Size of the Cabinet and Committees

Cabinet

(Quorum 5)
1 Leader of the Council
1 Deputy Leader of the Council
7 Other councillors appointed by the County Council
Total membership: 9
Terms of reference: Table 1, Part 3

Size of Scrutiny Committees

Audit and Best Value

(Quorum 4)
Total membership: 7

Adult Social Care

(Quorum 4)
Total membership: 7

Children's Services

(Quorum 7 of whom 5 must be County Councillors)
9 Councillors
2 Parent Governors
2 Denominational representatives
3 Non-voting representatives
Total membership: 16

Community Services

Quorum 4 (plus 2 Parent Governors and 2 Denominational Representatives for adult education matters only when the quorum will be 6 of whom 4 must be County Councillors)
Total membership: 7

Health Overview and Scrutiny

(Quorum 4 County Councillors)
7 Councillors
5 Co-opted Members nominated by Borough and District Councils
2 Co-opted Members nominated by the voluntary sector
Total membership: 14

Transport and Environment

(Quorum 4)
Total membership: 7

(Members of the Cabinet may not serve on a Scrutiny Committee but will be expected to comply with a request to attend a meeting of a Scrutiny Committee to address issues relating to their area of responsibility – Standing Order 49.2)

Regulatory Committee

(Quorum 9)
Total membership: 18

Planning Committee

(Quorum 4)
Total membership: 7
(Membership of the committee must be drawn from the Regulatory Committee)
(Members of the Cabinet may not serve on the Regulatory Committee)
Terms of reference: Table 3, Part 3

Governance Committee

(Quorum 3)
Total membership: 5
Terms of reference: Table 4, Part 3

Standards Committee

(Quorum 2 – by Regulation this must include the Independent Member)
3 Councillors
1 Independent person
(The independent person shall be the Chairman of the Committee)
Total membership: 4
Terms of reference: Article 9, Part 2

Size of Other Committees, Panels and Forums

1. Complaints Panels

Independent chairman, member of the relevant Departmental Management Team (without line management responsibility), and member of most appropriate Scrutiny Committee.
Terms of reference: Table 4, Part 3

2. County Joint Consultative Committee

5 Councillors, 8 employee representatives (6 UNISON, 1 T&GWU, 1 GMB).
Terms of reference: Table 4, Part 3

3. East Sussex Music Service Management Committee

5 Councillors, 5 others (non-voting) representing: secondary school heads, primary school heads, teachers, support staff, Sussex Downs College.
Terms of reference: Table 4, Part 3

4. Education Standards Panel

5 Councillors (at least one member of the Cabinet and the balance drawn from the Children's Services Scrutiny Committee).
Terms of reference: Table 4, Part 3

5. Governors Panel

7 Councillors.
Terms of reference: Table 4, Part 3

6. Joint Advisory Committee (Schools)

5 Councillors and representatives of teachers and support staff.
Terms of reference: Table 4, Part 3

7. County Consultative Committee (Governors)

5 Councillors and representatives of Governors.
Terms of reference: Table 4, Part 3

8. Standing Advisory Council for Religious Education

5 Councillors and other members in accordance with statutory requirements.
Terms of reference: Table 4, Part 3

9. East Sussex Schools Forum

Lead Cabinet Member for Education plus representatives of other interests in accordance with statutory requirements.
Terms of reference: Table 4, Part 3

10. School Admissions Forum

Lead Cabinet Member for Education and Education Spokespersons from other two parties plus representatives of other interests in accordance with statutory requirements.
Terms of reference: Table 4, Part 3

11. Corporate Parenting Panel

7 Councillors.
Terms of reference: Table 4, Part 3

12. Adoption and Permanence Panels

One Panel covering the east of the County and the other the west.
Each Panel – 2 Councillors and other members in accordance with statutory requirements.
Terms of reference: Table 4, Part 3

13. Fostering Panel

2 Councillors and other members in accordance with statutory requirements.
Terms of reference: Table 4, Part 3

14. Joint Strategic Planning Advisory Committee

6 County Councillors, 6 Brighton & Hove City Councillors.
Terms of reference: Article 11, Part 2

15. Integrated Waste Management Services Contract Committee

Leader of the Council and Lead Cabinet Members for Corporate Resources and Transport and Environment and 3 members appointed by Brighton & Hove City Council.
Terms of reference: Article 11, Part 2

16. Pension Fund Investment Panel

3 County Councillors, 2 Councillors nominated by Brighton & Hove City Council and one nominated by Borough and District Councils in East Sussex.
Terms of reference: Table 4, Part 3

17. Recruitment Panels (Chief Executive and Directors)

5 Councillors selected as the need arises.
Terms of reference: Table 4, Part 3

18. Recruitment Panel (management posts other than those listed in 17 above)

5 Councillors selected as the need arises.
Terms of reference: Table 4, Part 3

Note: For Panels of the Regulatory Committee see list in part 3.