Agenda item

RECOMMENDED:  To approve the following changes to the Constitution  for adoption in the Constitution :-

 

(a)       Part 5 - Roles and Responsibilities of Members – Officer Appraisals

 

To approve removal of reference to Member involvement in appraisals for the Deputy Chief Executive and the Corporate Director within the Roles and Responsibilities of Members document at Part 5 of the Constitution (paragraph 3.3 of the report refers).

 

(b)       Part 4 - Contract Procedure Rules

 

To approve 3 new appendices to the Contract Procedure Rules as detailed in paragraph 3.4 of the report and which are attached :-

 

•           Appendix A – Approval for the use of a Framework Agreement

•           Appendix B – Approval for Contract Award

•           Appendix C – Approval to Extend a Contract

 

(c)       Part 4 - Financial Procedure Rules

 

To approve the following 3 new paragraphs at Section 3 of the Financial Procedure Rules as detailed in paragraph 3.5 of the report :-

 

Section 3 – Financial Systems and Procedures

 

2.  Income and Expenditure

 

Key Controls

 

2.2(k) - set up and operation of a PayPal or World Pay account for the collection of income from specific website transactions within services shall require the approval of the Corporate Director, who shall establish appropriate procedures for their operation. Where applicable, the Corporate Director should nominate a separate PayPal administrator and certifying officer whose responsibility will entail reconciling the income received and charges levied via the PayPal account to amounts due and to the Council’s financial system

 

Responsibilities of Corporate Director

 

2.7 - to authorise the setting up and controls to operate with regard to a PayPal account for the collection of income from specific website transactions within services as stated in the key controls above

 

Responsibilities of Directors / Heads of Service

 

2.20 - to request the Corporate Director to set up a PayPal account for their service if required and to nominate a PayPal administrator who will be responsible for the operation of the account in line with the required  procedures

 

(d)       Part 3 – Terms of Reference of Policy, Finance and Administration

To amend the existing terms of reference to include new paragraphs 14 -18 set out at Appendix D  which deal with disciplinary matters relating to the Council’s statutory officers.

 

(e)       Part 3 – Terms of Reference of the Appeals Committee

To amend the existing terms of reference of the Appeals Committee to amend paragraph 2 to read as follows:

 

“To determine any appeals in respect of staff matters as detailed and provided for in the Council’s human resources policies and procedures including appeals against decisions of the Policy, Finance and Administration Committee to take action short of dismissal with respect to the Council’s Statutory Officers”

 

Recommendation (d) and (e) above make the consequential amendments to the Constitution required as a result of a resolution of Council on 11 October 2017.

 

[A copy of the report originally circulated to the Governance Committee on 21 November 2017 is recirculated with this report.]

Councillor Cumbers presented the recommendations from the Governance Committee meeting held on 21 November 2017 (minute G.42 refers) in respect of updating the Council’s Constitution and so moved the recommendations as contained in the Order Paper before Members.  The motion was seconded by Councillor Simpson.

 

A Member raised concern about the recommendation to remove reference to Member involvement in appraisals for the Deputy Chief Executive and Corporate Director within the Roles and Responsibilities of Members document at Part 5 of the Constitution.  He opposed this change on the grounds that when he had sat in on the Chief Executive appraisals he had found it extremely useful and was therefore opposed to its removal and, after clarification was sought from the Leader, so moved the deletion of this recommendation as an amendment.  Councillor Orson seconded the amendment.

 

The Chief Executive clarified that the intention was not to remove Member involvement from the Chief Executive’s appraisals; it referred to the other members of his senior management team only.  The Member involvement in the Chief Executive’s appraisal process would then give a clear focus for discussions between the Chief Executive and his senior management staff.  This was a recommendation from the Local Government Association and he had felt it a useful strategy to adopt.

 

Noting the Chief Executive’s advice, support for the amendment was expressed having regard to the importance of the opportunity for Members to challenge the appraisal process.  Upon being put to the vote, the amendment was carried.

 

A further vote was then taken on the remaining recommendations before the Council, which were subsequently carried.

 

RESOLVED:

 

(1)       to not amend the existing provisions within Part 5 of the Constitution regarding Roles and Responsibilities of Members – Officer Appraisals;

 

(2)       to amend the following sections of the Constitution as set out below:

 

(a)       Part 4 - Contract Procedure Rules

 

To approve 3 new appendices to the Contract Procedure Rules as detailed in paragraph 3.4 of the report :-

•           Appendix A – Approval for the use of a Framework Agreement

•           Appendix B – Approval for Contract Award

•           Appendix C – Approval to Extend a Contract

 

(b)       Part 4 - Financial Procedure Rules

To approve the following 3 new paragraphs at Section 3 of the Financial Procedure Rules as detailed in paragraph 3.5 of the report :-

Section 3 – Financial Systems and Procedures

 

2.  Income and Expenditure

Key Controls

 

2.2(k) - set up and operation of a PayPal or World Pay account for the collection of income from specific website transactions within services shall require the approval of the Corporate Director, who shall establish appropriate procedures for their operation. Where applicable, the Corporate Director should nominate a separate PayPal administrator and certifying officer whose responsibility will entail reconciling the income received and charges levied via the PayPal account to amounts due and to the Council’s financial system.

 

Responsibilities of Corporate Director

 

2.7 - to authorise the setting up and controls to operate with regard to a PayPal account for the collection of income from specific website transactions within services as stated in the key controls above

 

Responsibilities of Directors / Heads of Service

 

2.20 - to request the Corporate Director to set up a PayPal account for their service if required and to nominate a PayPal administrator who will be responsible for the operation of the account in line with the required  procedures.

 

(c)        Part 3 – Terms of Reference of Policy, Finance and Administration

 

To amend the existing terms of reference to include new paragraphs 14 -18 set out at Appendix D  which deal with disciplinary matters relating to the Council’s statutory officers.

 

(d)       Part 3 – Terms of Reference of the Appeals Committee

 

To amend the existing terms of reference of the Appeals Committee to amend paragraph 2 to read as follows:

 

“To determine any appeals in respect of staff matters as detailed and provided for in the Council’s human resources policies and procedures including appeals against decisions of the Policy, Finance and Administration Committee to take action short of dismissal with respect to the Council’s Statutory Officers”

 

Recommendation (c) and (d) above make the consequential amendments to the Constitution required as a result of a resolution of Council on 11 October 2017.