Issue - meetings

Constitution Review

Meeting: 21/03/2017 - County Council (Item 113)

113 Constitution Review pdf icon PDF 202 KB

Under the Constitution, the Monitoring Officer is required to monitor and review the operation of the Constitution to ensure that its aims, principles and requirements are given full effect. This includes making recommendations to Council on any necessary amendments.  The Monitoring Officer is authorised to make any changes to the Constitution which are required to:

 

- Comply with the law

- Give effect to the decisions of Council (or Cabinet, Committees etc.)

- Correct errors and otherwise for accuracy or rectification

 

Other changes will only be made by Full Council, following a recommendation of the Monitoring Officer.

 

This report therefore:

·      recommends one change for Council's approval;

·      notes that the Monitoring Officer will make any consequential changes to the Constitution arising from the Senior Management Review; and

·      lists certain changes made by the Monitoring Officer under his delegated powers, for noting.

 

Council is RECOMMENDED to:

 

(a)      agree the proposed change to the Council Procedure Rules outlined at paragraph 6 of this report (Financial Procedure Rules, write off provisions);

(b)      note that the Monitoring Officer will make any consequential amendments to the Constitution arising from the senior management review;

(c)      note the changes already made to the Constitution by the Monitoring Officer under delegated powers since the last annual Constitution Review report to Council (as outlined in Annex 1 to the report).

Additional documents:

Decision:

Recommendations Agreed by 53 votes to 0, with 1 abstention.

 

Minutes:

Under the Constitution, the Monitoring Officer was required to monitor and review the operation of the Constitution to ensure that its aims, principles and requirements were given full effect. This included making recommendations to Council on any necessary amendments.  The Monitoring Officer was authorised to make any changes to the Constitution which were required to:

 

- Comply with the law

- Give effect to the decisions of Council (or Cabinet, Committees etc.)

- Correct errors and otherwise for accuracy or rectification

 

Other changes would only be made by Full Council, following a recommendation of the Monitoring Officer. The Council had before it a report (CC11) which therefore recommended one change for Council's approval; noted that the Monitoring Officer would make any consequential changes to the Constitution arising from the Senior Management Review; and listed certain changes made by the Monitoring Officer under his delegated powers, for noting.

 

RESOLVED: (on a motion by Councillor Waine, seconded by Councillor Patrick and by 53 votes to 0, with 1 abstention) to:

 

(a)       agree the proposed change to the Council Procedure Rules outlined at paragraph 6 of this report (Financial Procedure Rules, write off provisions);

(b)       note that the Monitoring Officer will make any consequential amendments to the Constitution arising from the senior management review;

(c)       note the changes already made to the Constitution by the Monitoring Officer under delegated powers since the last annual Constitution Review report to Council (as outlined in Annex 1 to the report).