Delegated decision making
A formal decision at a council meeting is needed to delegate decision making powers. Because they are making decisions in the place of the council, special committees of council and nominated council officers with delegated authority are subject to strict controls and accountability.
Special committees of council
Councils can delegate some of their decision-making powers to Special Committees of the Council.
Membership of special committees can comprise of:
- only councillors or
- councillors, council staff, other people, or any combination of these
The council always retains control over who is a member and what the committee is empowered to do. Formal delegation of specific powers and responsibilities is made at a council meeting, including any qualifications, time limit or reporting that the delegation is subject to. Councils can change or revoke a delegation at any time. Certain council powers cannot be delegated.
When a council delegates powers, functions or duties to a special committee, it hands over the power to make decisions on behalf of (or acting in place of) the council itself. It is not necessary for the council to re-make or ratify the special committee’s decision. This is why the Local Government Act subjects special committees to statutory procedures and conduct as the council.
Members of special committees are required to comply with conflict of interest and confidentiality provisions in the same way as councillors.
A special committee’s decision making power is limited only to those matters covered in the formal delegation document (the “Instrument of Delegation”). If a special committee determines matters that are not contained in the instrument of delegation these matters cannot be given effect until separately decided by the council.
Where the council has delegated any functions, powers or duties to a special committee it must keep a register of those delegations.
Why have special committees?
Because the actions of a special committee of council are legally regarded as those of the council itself, councils appoint special committees under quite specific delegations which spell out their duties and powers.
Special committees can assist a council by spreading a council’s workload. Councils may delegate to a special committee to deal effectively with routine or more minor decisions that would otherwise take up valuable time in a formal meeting of the full council. For example some councils have “standing committees” of councillors who make these decisions in assigned portfolio areas. Oversight of “one off” events and short term projects can also be given to a special committee to spread a council’s workload.
Special committees can also enable decisions to be made at the appropriate level. Often knowledge and interest in a particular council activity lies with people at a local level and they are delegated by council to act as a special committee for that function.
Delegated management of council-owned facilities like halls and recreation reserves is an example of this. Such a committee might consist of a councillor, user representatives and interested community members. Typically the committee has the delegated power of the council to do everything needed to manage and maintain a particular facility.
Special committees can also enable a council to recruit and utilise particular expertise in making its decisions. Occasionally a council will delegate some of its powers to a special committee with particular expertise on a subject.
Staff as delegated decision makers
Delegating specific functions to staff members enables council decisions to be made more speedily and ensures that council meetings are not tied down by procedural and every day administrative decisions. It also enables councils to utilise the technical knowledge, training and experience of staff members to provide the best possible service.
Delegations are made at a formal council meeting and specify what the officer is empowered to do. Delegates must observe the strategies, policies and guidelines adopted by the council. Through the CEO and senior managers, the council can monitor the actions of staff to ensure that they exercise their delegated authority within the general framework it has already determined. In this way the council retains a measure of control over decision making.
Officers to whom delegated authority is generally given include the CEO, environmental health officers, fire prevention officers, local laws and planning officers. Many routine decisions of a council are made by members of staff as delegates.
Council staff are required to act impartially, with integrity and to avoid real or apparent conflicts of interest.
The council must keep a register of all delegations and this is among the documents that must be available for public inspection. All delegations to staff must be reviewed by a council within 12 months of it being elected.
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