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Agenda item

CONSTITUTIONAL REVIEW

REPORT OF THE DIRECTOR – GOVERNANCE

 

This report proposes changes to section 2, Purpose, Definition Interpretation and Amendment of the Constitution to expand the definition of a 'key decision' to include a monetary threshold to assist in defining a 'significant decision'.

Decision:

RESOLVED: That the proposed changes to Section 2, Section 16 and Section 21 of the Council’s Constitution, as outlined within the report and appendices, were adopted, subject to the amendment that the word ‘minor’ be removed from paragraph 16.3.8 of Section 16:

 

16.3.8 The Administration Group can only make changes to their budget proposals to the extent that they reflect new information that has become available. Such changes should be provided to the Section 151 Officer as soon as is practicable, so that they can determine the impact on the budget estimates. The changes will be published as an addendum to the Council report, along with a report on the robustness of the estimates and the adequacy of the Council reserves to afford the financial impact. The Chief Finance Officer has a statutory obligation to refuse any changes that do not allow the Council to set a balanced budget.

 

REASON FOR DECISION: To ensure the Council’s constitution is the framework for the Council’s operations and decision making – it ensures that the Council operates in a way which is efficient and transparent, ethical and accountable to local people. It is a reference point for Members, officers and the public and is a living document which must be kept up to date and legally compliant. This is an iterative process which is undertaken throughout the year by the Monitoring Officer in accordance with the ‘Duty to Monitor and Review the constitution which is set out in Section 2 of the constitution and includes a combination of updates under the general housekeeping delegations in respect of minor amendments as well as more substantive amendments which are undertaken through engagement of the cross-party Constitutional Working Group.

Minutes:

Audio recording – 06 minutes 57 seconds

 

The Director – Governance presented the report entitled ‘Constitutional Review’ and advised that:

 

·         The report set out proposed changes to the Constitution following discussions with the Cross-Party Constitutional Working Group.

·         A key proposal was the introduction of a £75,000 financial threshold into the definition of a Key Decision, which would provide consistency, clarity and transparency when determining whether decisions were financially significant.

·         Consequential amendments were proposed to the Contract Procurement Rules.

·         Further amendments were proposed to Section 16 of the Constiution to better reflect existing budget-setting practices and provide a clearer process for budget setting.

 

N.B. Councillor Dominic Griffiths entered the Chamber at 19.45.

 

The following Members asked questions:

 

·         Councillor Matt Barnes

·         Councillor Paul Ward

 

In response to questions the Director – Resources advised that:

 

·         Determination of whether items fell within the proposed provisions would likely be made by the Section 151 Officer and Director of Governance.

·         The emphasis should be on whether amendments reflected new information rather than the scale of the change.

·         The word ‘minor’ could be removed if Members considered that would provide greater clarity.

·         The proposals sought to ensure comparable rules for both the administration and opposition groups when making budget amendments.

·         Some form of judgement would be required where questions arose over whether amendments reflected new information.

·         Opposition group budget proposals would be considered as complete packages.

·         Where overlap occurred between proposals, each package would still be considered and voted on in turn.

 

Subject to the amendment that the word ‘minor’ be removed from paragraph 16.3.8 of Section 16 as follows:

 

16.3.8 The Administration Group can only make minor changes to their budget proposals to the extent that they reflect new information that has become available. Such changes should be provided to the Section 151 Officer as soon as is practicable, to that they can determine the impact on the budget estimates. The changes will be published as an addendum to the Council report, along with a report on the robustness of the estimates and the adequacy of the Council reserves to afford the financial impact. The Chief Finance Officer has a statutory obligation to refuse any changes that do not allow the Council to set a balanced budget.

 

Councillor Daniel Allen proposed and Councillor Ian Albert seconded and, following a vote, it was:

 

RESOLVED: That the proposed changes to Section 2, Section 16 and Section 21 the Council’s Constitution, as outlined within the report and appendices, as amended, were adopted.

 

REASON FOR DECISION: To ensure the Council’s constitution is the framework for the Council’s operations and decision making – it ensures that the Council operates in a way which is efficient and transparent, ethical and accountable to local people. It is a reference point for Members, officers and the public and is a living document which must be kept up to date and legally compliant. This is an iterative process which is undertaken throughout the year by the Monitoring Officer in accordance with the ‘Duty to Monitor and Review the constitution which is set out in Section 2 of the constitution and includes a combination of updates under the general housekeeping delegations in respect of minor amendments as well as more substantive amendments which are undertaken through engagement of the cross-party Constitutional Working Group.

 

Supporting documents: