Agenda item

RECOMMENDED:  To approve the following changes to the Constitution 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:

(i)         amendment of this Council’s substitute policy to reflect the restriction on a Member of Policy, Finance and Administration Committee from being a substitute on the Appeals Committee and visa versa; and

(ii)        a requirement for Members of the Policy, Finance and Administration Committee to undergo appropriate training prior to sitting as the Investigating and Disciplinary Committee

Recommended: 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.

(The report originally submitted to the Governance Committee on 6 February 20018 is  re-circulated with this agenda.)

Councillor Cumbers referred Members to a copy of a report previously submitted to the Governance Committee which set out a number of new items and changes required to the Constitution.  In moving the changes, she outlined the reasons for the changes and also proposed an amendment to the Substitutes policy which was attached as Appendix B i.e. paragraph 5 on page 26 of the agenda pack should be amended to read:

 “ Due to  Members of the Policy, Finance and Administration Committee also having the function to sit as the Investigating and Disciplinary Committee, these Members  may not substitute on the Appeals Committee when it is considering an appeal against a decision in which the Member took part.”

For clarification, the amendment was set out on the order paper circulated at the meeting.  In seconding the motion, Councillor Simpson thanked Councillor Cumbers for her work on this aspect.  A vote was then taken on the changes en bloc which was carried unanimously.

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

(1)       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.

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

(i)         amendment of this Council’s substitute policy to reflect the restriction on a Member of Policy, Finance and Administration Committee from being a substitute on the Appeals Committee and visa versa; and

(ii)        a requirement for Members of the Policy, Finance and Administration Committee to undergo appropriate training prior to sitting as the Investigating and Disciplinary Committee.

The Substitute Policy be amended with the tracked changes as set out at Appendix B and as amended below in relation to para 5, page 26.

“ Due to  Members of the Policy, Finance and Administration Committee also having the function to sit as the Investigating and Disciplinary Committee, these Members  may not substitute on the Appeals Committee when it is considering an appeal against a decision in which the Member took part.”

(3)       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. 

(4)       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.

(5)       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’

(6)       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.