MAIDSTONE BOROUGH COUNCIL
COUNCIL
12 APRIL 2017
REPORT OF THE DEMOCRACY COMMITTEE
HELD ON
8 MARCH 2017
AMENDMENTS TO THE CONSTITUTION
Issue for Decision
To adopt
the changes to the Constitution as recommended to take effect from the date of
the annual meeting of Council.
Recommendation Made
That the following
changes to the Constitution be adopted to take effect from the date of the
annual meeting of Council:-
1. That the additional delegations to the Head of Regeneration and
Economic
Development and the Head of Housing and Community Services be
approved as follows:-
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.
2. That the following be added to the Strategic Planning and Performance
Management functions of the Heritage, Culture and Leisure Committee:-
Bereavement Services – Vinters Park Crematorium and
Maidstone
Cemetery with the delegation of functions to the Head of
Environment
and Public Realm.
Regeneration and Economic Development, the Public Realm Design
Guide and Public Arts Policy with the delegation of functions to
the
Head of Regeneration and Economic Development.
Reasons for Recommendation
The Democracy Committee, at its meeting held on 8 March 2017, considered the report of the Interim Head of Legal Partnership and Monitoring Officer. It was noted 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 related to Part 2 of the Constitution, specifically the sections on
‘Responsibility for Functions Related to Officers’ and the ‘Proper Officer’
Functions to ensure the right delegation sat with the correct member of the
management team.
·
In addition, 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.
·
Whilst 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.
Alternatives Considered and Why Not Recommended
Do nothing. Council could decide not to accept the proposed amendments at this time. The Constitution has worked quite well for the last year. However, the proposed amendments would facilitate the Council and its Officers to more effectively carry out their duties.