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Agenda item

Report of the Head of Legal Partnership and Monitoring Officer - Amendments to the Constitution

Minutes:

The Head of Legal Partnership and Monitoring Officer presented a report on the Amendments to the Constitution.

 

The Committee noted the changes made to the Constitution as follows:-

 

·  That under the Monitoring Officer’s delegation minor amendments had been made to the Constitution to reflect the new management structure with the majority of the amendments relating to Part 2 of the Constitution, specifically the sections on ‘Responsibility for Functions Relating to Officers’ and the ‘Proper Officer’ Functions to ensure the right delegation sat with the correct member of the management team.

·  That the Constitution had been amended to reflect the decisions made by Council with regards to the introduction of electronic voting and the changes in the process for the selection of the Mayor.

·  That although the transference of delegated functions from one officer to another to reflect structural changes could be carried out under the Monitoring Officer’s delegation, any new delegated function could only be agreed by Council.  The following delegations had been requested by the respective Heads of Service as being necessary for them to carry out their role effectively:-

Head of Regeneration and Economic Development – Responsibility for the implementation of the Council’s Public Realm Design Guide and Public Arts Policy.

Head of Housing and Community Services – To liaise and negotiate with government bodies and their appointees, third parties and housing providers in order to promote the priorities identified in the Council’s Housing Strategy.

·  The review of officer delegations highlighted omissions in the functions and responsibilities of Heritage, Culture and Leisure Committee as there was no reference to Bereavement Services or to the Public Realm Design Guide and Public Arts Policy.  As such it was recommended that Bereavement Services, the Public Realm Design Guide and Public Arts Policy be listed as part of the Performance Management functions of the Committee as shown at Appendix I to the report.

 

 

In response to a question from a Member the Interim Deputy Head of Legal Partnership advised that the proposed wording for a six month rule was from a model Constitution but she would check the previous Constitution to ensure it reflected what was stated before.


RESOLVED: 

1.  That the additional delegations to the Head of Regeneration and Economic Development and the Head of Housing and Community Services as set out in paragraph 2 of the report of the Interim Head of Legal Partnership and Monitoring Officer be agreed.

2.  That the additional functions set out in paragraph 2.5 and Appendix 1 of the report of the Interim Head of Legal Partnership and Monitoring Officer be agreed and added to the Strategic Planning and Performance Management of Heritage Culture and Leisure Committee.

3.  That the reinstatement of the six month rule as stated in the previous Constitution be agreed.

4.  That the Committee Recommend to Council that it adopts all changes to the Constitution to take effect from the date of the annual meeting of Council.

Voting:  For:  9  Against:  0  Abstentions:  0

Following the meeting the Interim Deputy Head of Legal Partnership advised the Committee that she had looked back at previous versions of the Constitution to ensure she had the correct wording.  However, it appeared that there was no such provision in the Constitution.  In the light of this misunderstanding, the Interim Deputy Head of Legal Partnership would bring a report to the next meeting of the Committee in July 2017 in order that the issue could be discussed again.

Supporting documents:

 

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