Agenda item

Constitution Update

The Monitoring Officer to submit a report to request that the Committee consider constitutional items and those approved will be referred to the Council for adoption and incorporation into the Council’s Constitution.

Minutes:

The Monitoring Officer

 

(a)  submitted a report (copies of which had previously been circulated to Members), requesting that the Committee consider constitutional items and those approved would be referred to the Council for adoption and incorporation into this Council’s Constitution;

 

(b)  advised that this was the regular report on constitutional items, recommending that Members note items (a) – (d) and refer these on to Full Council and also that Members note the Monitoring Officer’s delegated authority;

 

(c)  highlighted that item (b) Appointment of Monitoring Officer identified the Director for Legal and Democratic Services as Monitoring Officer from 25 June 2018.

 

It was noted that this was the final meeting at which the Deputy Chief Executive would act as Monitoring Officer and the Chair thanked him for his work.  The good work undertaken by the Senior Democracy Officer was also noted.

 

A Member queried when the Constitution updates would be available on this Council’s website and in hard copy.  The Monitoring Officer confirmed that the website had already been updated and hard copies were being printed and would be sent to Members shortly.

 

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

 

RESOLVED that

 

(1)  In accordance with recommendation 2.2, the following items (a) - (d) be noted and referred to Full Council:-

 

(a)    Director for Legal and Democratic Services

 

Following approval of the Senior Management Structure at Full Council on 12 December 2017, which included that a Director for Legal and Democratic Services be appointed, the Monitoring Officer has exercised his delegation to update all delegations and references in all relevant parts of the Constitution to reflect that this appointment replaces the Solicitor to the Council with effect from 11 June 2018.

 

(b)      Appointment of Monitoring Officer

 

Following approval of the appointment of the Monitoring Officer to Adele Wylie by Full Council on 25 April 2018, the Monitoring Officer has exercised his delegation to transfer all delegations and references in all relevant parts of the Constitution to Adele Wylie, the Director for Legal and Democratic Services with effect from 25 June 2018.

 

(c)     Part 6 – Member Allowances Scheme

 

The Members’ Allowances Scheme for 2018/19, which was approved at Full Council on 7 February 2018, is now in place and following the recent National Joint Council Pay Award of 2.0%, the Monitoring Officer has exercised his delegated authority to update all allowances accordingly with effect from 1 April 2018, as set out at Appendix A.  The scheme has also been updated to take account of the changes to the Council’s Committee Structure, approved at the Extraordinary Meeting of the Council held on 8 May 2018.

 

(d)     Counter Fraud and Ethical Governance Arrangements – Internal Audit  Report

 

The Monitoring Officer has exercised his delegation to include the following two references in  the Whistleblowing Policy at Part 10 and the Officers’ Code of Conduct at Part 5 respectively of the Constitution :-

 

(i)    The Whistleblowing Policy should refer to the Employee Assistance service, which would be available to support whistleblowers and advise that ongoing confidential support from the Monitoring Officer/Head of Internal Audit would be available throughout what could be a stressful time.

 

and

 

(ii) To review the Officer Code of Conduct and include reference to compliance with:

·           Financial Procedure Rules

·           Contract Procedure Rules

·           Counter Fraud and Anti-Bribery policies

 

Also, to include a requirement to notify the Council of criminal convictions or charges received.

 

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

Supporting documents: