A set of emergency powers to be brought into play at Scottish Borders Council as a result of the coronavirus crisis will see decision making delegated to the authority's chief executive until the end of September.
The unusual but seemingly necessary arrangements are expected to be rubber-stamped by councillors on Thursday when 'remote' attendance will be the order of the day.
A report from chief executive Tracey Logan "recognises the need for Scottish Borders Council to take steps to reduce risks for its Members, Staff and citizens arising from Coronavirus (COVID-19)."
It notes that, to mitigate those risks, all formal Council and Committee meetings are being cancelled. Public consultation meetings will also be postponed.
But the report adds: "It is
however vital to ensure that the Council is able to continue to exercise its
essential functions. This means there needs to be a process whereby urgent decisions
can be made during this extraordinary period."
The report therefore outlines an
interim decision making process and, to implement that process, proposes some
additions to Standing Orders.
"It is important that those urgent decisions are
able to be made in the most efficient and effective way possible. This will
enable the Council to be agile and responsive at this difficult time."
Ms Logan proposes amending Standing Orders to delegate further decision
making responsibility to the Chief Executive on a temporary basis. This
delegation will be exercised in consultation with Members.
And the report explains: "There may however be situations where formal
Council or Committee meetings do require to take place during this period.
Where that is necessary it is proposed that such meetings should minimise
social contact and therefore Members should mostly attend those meetings
remotely."
Setting out the background to the highly unusual set of circumstances, Ms Logan tells councillors:
"As the virus makes a wider impact on public life, Scottish Borders Council must consider how to respond. In taking any decision to protect health by limiting social contact, it must also ensure processes are in place to enable it to continue to make urgent decisions.
"It is therefore proposed that Council and committee meetings are cancelled until 30 September 2020 unless they need to take place for statutory reasons. It is further proposed that public consultation meetings are also postponed. If of course the situation changes and the risk no longer exists meetings can be reinstated at an earlier date."
In the event that the Chief Executive is unavailable to exercise this function, it will be exercised by an Executive Director.
The decisions will be made once the following consultation process has taken place: "The Chief Executive, one of the Executive Directors or relevant Service Director shall prepare a briefing note with details of the decision required; This note shall be circulated via email to the Leader, the Convenor, and the Leader of the Opposition.
"The Leader shall take reasonable and proportionate steps to sight Members of the Administration of the note. The Leader of the Opposition will take reasonable and proportionate steps to sight Members of all of the opposition parties of the note. The Leader, the Convenor, and the Leader of the Opposition will have 3 days to respond to the note.
"For the avoidance of doubt, in the event that the Leader, the Convener, or the Leader of the Opposition become unable to fulfil their role under this consultation process, they shall nominate a deputy to act on their behalf; The note will also be sent, as appropriate, to the Executive Director Finance and Regulatory Services, the Chief Legal Officer, the Service Director HR and Communications, Chief Officer Audit and Risk and such other as is appropriate having regard to the decision being made. Such officers will respond as soon as possible and certainly within 3 working days."
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