Agenda item

The Monitoring Officer to submit a report to enable the Committee to consider items relating to the Council’s Constitution for onward referral to the Council for adoption and incorporation into the Council’s Constitution.

The Monitoring Officer

 

(a)  submitted a report, enabling the Committee to consider items relating to the Council’s Constitution for onward referral to the Council for adoption and incorporation into the Council’s Constitution;

 

(b)  highlighted the recommendations at 2.1 of the report, stating

·         (a) Contract Procedure Rules.  This amendment aimed to bring the Constitution in to line with the Corporate Director having delegated authority for a legislative amendment to the EU thresholds within the Contract Procedure Rules.  The Corporate Director had already exercised this delegated authority.

·         (b) Substitute Policy amendment – recommendation from Policy, Finance and Administration Committee.  This amendment had been considered, approved and referred to Full Council earlier at this meeting.

·         (c) Part 3 – Scheme of Delegations to Officers – Head of Communities and Neighbourhoods.  This amendment related to the termination of the role of Head of Communities and Neighbourhoods within this Council’s management structure, with effect from 11 February.

·         (d) Part 3 – Scheme of Delegations to Officers – Authorisation to act.  This amendment related to increasing resilience and ensuring sufficiency of cover for day to day decisions by allowing the Corporate Director to deputise and act for the Chief Executive and the Deputy Chief Executive.

·         (e) Part 3 – Scheme of Delegations to Officer – Debt Recovery.  This amendment related to technical issues concerning housing benefit debt recovery.

·         (f) Management structure realignment – Consequential amendments to Parts 2, 3, 4, 5, 6, 7, 9, and 10.  This amendment related to the minor and operational constitutional changes (with regard to officer job title changes) which the Monitoring Officer had exercised delegated authority to make, ensuring these align with the new management structure.

 

(c)  Confirmed that the recommendation at 2.2 of the report was as standard.

 

The Chair noted the provision within the Constitution for officers to issue cautions to individuals and asked in what circumstances this authority could be exercised.  The Monitoring Officer confirmed that he would look into this and provide a full response.

 

Members referred to the frequent constitutional updates they received in hard copy and requested that only electronic updates be issued to them.  The Director for Corporate Services advised that the Senior Democracy Officer would canvass all Members on this matter.  The Chair advised that a searchable version of the Constitution would be available on this Council’s website shortly.

 

There being no further comments or questions from Members, it was

 

RESOLVED that

 

(1)       the following changes to the Constitution be approved and referred to Full Council for adoption in the Constitution:-

 

(a)       Contract Procedure Rules : EU Thresholds

 

To note that the Director for Corporate Services had exercised her delegation for a legislative amendment to the EU thresholds within the Contract Procedure Rules as set out at Appendix A and which came into effect from 1 January 2018 and will apply for two years.

 

(b)       Substitute Policy amendment – recommendation from Policy, Finance and Administration Committee

 

Subject to approval of Agenda item 4, the Substitute Policy be amended with the tracked changes as set out at Appendix B.

 

(c)     Part 3 – Scheme of Delegations to Officers – Head of Communities   

   and Neighbourhoods

 

Following the departure of the Head of Communities and Neighbourhoods and the termination of the role in the Council’s management structure on 11 February 2018, the Scheme of Delegations to Officers be amended as set out in tracked changes at Appendix C.

 

(d)     Part 3 – Scheme of Delegations to Officers – Authorisation to act

 

The Officer Delegations be amended to state that the Director for Corporate Services is able to deputise and act for the Chief Executive and the Deputy Chief Executive.

 

(e)     Part 3 – Scheme of Delegations to Officers – Debt Recovery

 

The Officer Delegations in respect of debt recovery be amended due to a change in policy for housing benefit overpayment.  There is an addition to the existing delegation and a new delegation included as follows, changes shown in red :- 

 

‘To administer, formulate and amend the Council’s procedures to deal with debt recovery and Housing benefit overpayments and to take any action including the instigation of legal proceedings and the authorisation of officers to appear in court in connection therewith.

Any write off of Housing Benefit overpayments that are still within the Housing Benefit system will be dealt with in line with the Housing benefit overpayment policy’.

 

(f)      Management structure realignment – Consequential amendments to      

   Parts 2, 3, 4, 5, 6, 7, 9, and 10

 

To note that the Monitoring Officer has exercised his delegation to make  minor procedural and operational changes to Parts 2, 3, 4, 5, 6, 7, 9 and 10 of the Constitution with regard to Officer job title changes as a result of the Management structure realignment approved by the Full Council on 12 December 2017.

 

(2)       To note that the Monitoring Officer has delegated authority to make amendments following legislative or other statutory changes and minor procedural and operational changes.  Such changes will be reported to the Governance Committee and subsequently the Council, as soon as practicable thereafter.