Agenda item

Proposed Changes to the Constitution

Report of the Director of Finance and Corporate Services

 

Minutes:

The Cabinet Member considered a report of the Chief Executive which set out proposed changes to the Constitution, as considered by the Constitutional Advisory Panel at its meeting on 19 November 2019.

 

These were:

 

(a)  Revisions to the Conference and Travel Protocol: Part 4E of the Constitution

(b)  Revisions to the Rules for Contract: Part 3G

(c)  Revisions to the Financial Procedure Rules: Part 3F

(d)  Audit and Procurement Committee Terms of Reference: Part 2I

(e)  Protocol for Conferring the Title of Honorary Alderman

(f)  Code of Conduct for Elected and Co-opted Members: Part 4A

(g)  Licensing and Regulatory Committee Terms of Reference: Parts 2F and 2M

 

These changes were set out in detail in Appendices 1 to 7 of the report, including the required tracked changes to the Constitution.

 

The Advisory Panel had agreed all the proposed revisions with the following exceptions or additions:

  • Travel and Conference Protocol: The Advisory Panel recommended that, once drafted, officers submit a new policy on conference and travel to Ethics Committee for approval.

 

  • Rules for Contract: The proposal to reduce the frequency of reports on the activities of the Procurement Board to the relevant Cabinet Member from every 6 to every 12 months was not approved. The Advisory Panel recommended that this continues to be made every 6 months. (Rule 9.2). In addition, officers will speak to the Chair of Audit and Procurement Committee to seek their agreement to remove the requirement to make an annual report to the Committee on procurement.

 

  • Finance Procedure Rules:  The Advisory Panel recommended that a proviso be inserted so that where a grant bid will require match funding by the Council, there should be a requirement to seek the approval of the Cabinet Member and that footnote 6 in the table of financial thresholds should read “following consultation with the relevant Cabinet Member(s)”.

 

  • Protocol for Conferring the Title of Honorary Alderman: The Advisory Panel recommended that Paragraph 2 d) be amended to increase the minimum service required as a Member from 15 to 20 years.

 

Following consideration of the report, the Cabinet Member agreed the recommendations of the Advisory Panel with one exception in respect of the Protocol for conferring the title of Honorary Alderman in that the minimum service required as a Member not be increased to 20 years, but to remain at 15 years.

 

RESOLVED that the Cabinet Member for Policing and Equalities recommends to Council that:

 

(1)

With regard to the Conference and Travel Protocol, agree that:

 

 

 

 

(a)

The Conference and Travel Protocol be removed from the Constitution;

 

 

(b)

Officers be authorised to produce a policy for the approval of conference and travel costs for members and officers;

 

 

(c)

Once drafted, the policy be approved by Ethics Committee;

 

 

(d)

A register of travel and conference attendance costing more than £500 and all travel outside of the UK be maintained and published; and

 

 

(e)

The register of travel and conference costs be scrutinised by Ethics Committee twice a year.

 

 

 

(2)

Subject to the continued inclusion of the requirement for a six-monthly report to the relevant Cabinet Member in Rule 9.2, and to officers speaking to the Chair of Audit and Procurement Committee to seek their agreement to remove the requirement to make an annual report to the Committee on procurement, approval be given to the proposed revisions to Part 3G of the Constitution (Rules for Contract) set out in Appendix 2 to this report.

 

 

 

(3)

With regard to the Financial Procedure Rules:

 

 

 

 

(a)

Where a grant bid requires match funding by the Council, there should be a mandatory requirement to seek the approval of the relevant Cabinet Member;

 

 

(b)

Footnote 6 to the table of financial thresholds be amended to read “Following consultation with the relevant Cabinet Member(s); and

 

 

(c)

Subject to (3)(a) and (3)(b) above, approval be given to the proposed revisions to Part 3F of the Constitution set out in Appendix 3 to this report.

 

 

 

(4)

In relation to amending paragraph 8.5 of the Audit and Procurement Committee’s Terms of Reference:

 

 

 

 

(a)

Authority be delegated to the Monitoring Officer and City Solicitor to remove all reference to severance packages from the paragraph on the enactment of The Restriction of Public Sector Payments Regulations: and

 

 

(b)

Approval to be given to the reference to “salary over £100,000” being amended to “salary level for a new post over £100,000”.

 

 

 

(5)

With regard to the Protocol for Conferring the Title of Honorary Alderman or Alderwoman, approval be given to the Protocol for Conferring the Title of Honorary Alderman or Alderwoman being amended as detailed in Appendix 5 of the report and with the minimum service required as a Member remaining at 15 years.

 

 

 

(6)

Approval to be given to the proposed revisions to Part 4A of the Constitution (Code of Conduct for Elected and Co-opted Members) as set out in Appendix 6 of the report be approved

 

 

 

(7)

Approval to be given the proposed revisions to Part 2F and 2M of the Constitution (Functions of Licensing and Regulatory Committee and Scheme of Delegation to Employees) as set out in the Appendix 7 of the report.

 

 

 

(8)

The Monitoring Officer be authorised to make any necessary amendments to the Constitution arising from recommendations (1) to (7).

 

 

 

 

Supporting documents: