Agenda item

To seek approval to a number of changes to the Council’s Constitution.

Consideration was given to a report of the Borough Solicitor proposing changes to the Council’s Constitution for recommendation to the Council.  The Council was under a general duty to keep its Constitution under review and the proposals in the report had been put forward as part of an internal review by officers as well as changes brought about by legislation.  The detail was set out in three Appendices to the report and the Committee commented as follows:

Appendix A

Part 2 of the Constitution – Responsibilities for Decisions

New delegations to specified Chief Officers were proposed relating to Completion Notices, Community Protection Notices, Property transactions and Neighbourhood Planning decisions.  With regard to the first, the Committee considered the delegation should be clarified by the addition of wording to read:

‘Issue of completion notices with respect to businesses entering the rating list’

With regard to the issuing of Community Protection Notices arising from provisions of the Anti-Social Behaviour, Crime and Policing Act 2014, the Committee was happy with the revised delegation to the Director of Environment, Culture and Communities, subject to an assurance that this was appropriate rather than a delegation to the Chief Executive. 

With respect to the new financial limits for property transactions, while it was noted that the preamble provided for the Chief Officer Property to exercise the delegation in conjunction with the Executive Member for Transformation and Finance, this was not explicit.  Members took the view that the new limits in Table A were too high, that ‘long leasehold’ should be more clearly defined, and that this section should be re-drafted for consideration at a future meeting.

For the new delegation in relation to the Neighbourhood Planning process, the Committee considered that ‘Approval of publicity by Electoral Services for referendum’ was inappropriately worded and required revision.

Appendix B

Part 4 of the Constitution – The Way in which the Council operates

Revisions were required to Section 11 – Contract Standing Orders as a result of new legislation in 2015, updates to the EU thresholds for certain contracts, and corrections to and clarifications of the wording in certain places.  The Committee accepted the principle of the changes put forward but considered the wording of the report where it related to removal of the need for contracts to be under the seal of the Council (except where requested) should be re-drafted.  Also, a revised wording was suggested in relation to the extension of contracts not specifically provided for in the contract.  With regard to EU thresholds, it was suggested the relevant figure in Euros could usefully be added.

Appendix C

Part 4 of the Constitution – The Way in which the Council operates

This section proposed the introduction of a formal procedure for dealing with Councillor Code of Conduct complaints and an amendment to the Councillor Code of Conduct clarifying the process for the granting of dispensations for members enabling them to take part in Council business where this would otherwise be prohibited.  The existing arrangements for dealing with Code of Conduct complaints were introduced in 2012 in the light of the new statutory provisions but were very broadly drawn and contained little detail of how a complaint would be dealt with or investigated, the appropriate time limits, the arrangements for convening a Panel (where required) to consider an investigating officers report and the decision thereon.

The Committee noted that a Member/Officer Working Group had been set up to review the scope and effectiveness of the Standards Framework, with particular emphasis on the current range of sanctions available under the Code of Conduct, to report in due course to the Standards Committee.  Questions may arise in relation to the ratification of the decision, including the imposition of sanctions, following a hearing by the Panel on the investigation of a complaint, a role proposed to be exercised by the Governance and Audit Committee under the new procedure that had been recommended.  Members took the view that it would be premature for amendments to the complaints procedure and the Code of Conduct to be made before the Working Party had concluded its deliberations.

RECOMMENDED that, subject to no adverse comments from the Committee on re-circulation of Appendix B to the report revised as suggested above, the changes to the Constitution Part 4 Section 11 – Contract Standing Orders be adopted.

RESOLVED that:

1          The changes proposed to the Constitution proposed in Appendix A of the report be re-drafted to take account of the comments above and reported to a future meeting of the Committee.

2          The changes to the Constitution proposed in Appendix C await the conclusion of the Member/Officer working Party and be included in a comprehensive report to a future meeting on an update of the Standards Framework.