Meeting: Overview and Scrutiny Committee (County Hall, Durham - Committee Room 2 - 05/04/2007 09:30:00 AM)
Item: A3 Revision of the Constitution
Overview and Scrutiny Committee 5 April 2007 Revision of the Constitution | |
Report of Lesley Davies, Acting Director of Corporate Services |
Purpose of the Report
1 To seek the Committee’s views on proposed revisions to the County Council’s Constitution.
Background
2 The Constitution was last revised and reprinted in May 2005. Since then a number of developments have occurred and decisions made which necessitate an updating of the document, in particular the major organisational restructure which took place in 2006. In addition, recommendations are made for further changes to improve the Council’s decision-making process and to amend and rationalise the Council’s policy framework to reflect changes in central government requirements.
Main Areas of Change
3 Many of the proposed changes are of a minor or drafting nature or to reflect legislative changes or changes consequential on council decisions. Substantive changes are proposed in the following areas:
(i) The organisational restructuring which took place in 2006 is now reflected in the Constitution, particularly in Article 12 and consequential changes have been made to the scheme of officer delegations.
(ii) The Council’s policy framework in Article 4 has been updated to reflect current policies and revised central government requirements.
(iii) Following a review of the Council’s key decision-making arrangements by the Internal Audit Division, it was recommended that in the interests of clarity and transparency the Council should review the definition of a key decision in the Constitution (key decisions have to appear in the Council’s Forward Plan). Changes have therefore been made to ensure that the definition aligns more closely to the impact that the decision might have on communities.
(iv) Provision has been made for dealing with petitions, including presentation to full Council.
(v) The County Council’s growing involvement in partnership working has necessitated a review of the governance arrangements for such partnerships and for CPA purposes it is important to demonstrate that where the County Council is the accountable body there are robust governance and risk management arrangements in place and these need to be cross-referenced within the Constitution. Appropriate provision has therefore been incorporated into Article 11 (Joint Working) and in the Contract Procedure Rules and Financial Regulations.
(vi) An updated Planning Code of Practice is expected shortly to be approved by the Planning Committee.
(vii) The section on Joint Arrangements (Part 3 Section D) has been updated and now includes the Joint Committee for the County Durham E-Government Partnership and the North East Regional Management Board.
(viii) The Contract Procedure Rules have been rationalised and clarified, taking full account of European and National Procurement Rules but enabling broader use of electronic tendering.
(ix) The Scheme of Officer Delegations has been updated and incorporates a number of suggestions aimed at streamlining the work of the Cabinet and enabling members to maintain a focus on strategic and policy issues.
The main changes here are:
(a) an increase in the amount up to which a Chief Officer can accept a tender where no competitive process has taken place. The current limit is £6,000. An increase to £10,000 is suggested. (The rules about when a non-competitive procurement exercise can take place are set out in the Contract Procedure Rules).
(b) an increase in the level of compensation payments associated with highway and other public works which the Director of Corporate Services is authorised to settle, from £10,000 to £50,000.
(c) delegation to the Director of Corporate Services in consultation with the local member and relevant Cabinet portfolio holder to dispose of property where it is surplus to the requirements of the service for which it is held and no other service is interested in taking it over.
(x) Two new Council bodies have been added to the tables in Section A of Part 3 of the Constitution.
(a) A newly created Audit Committee. This development has come about as a result of discussions with our External Auditor and again links to the CPA process. The Audit Committee will be an advisory committee on audit and governance issues in order to provide independent assurance over the adequacy of the Council’s Risk Management Framework and associated control environment. The recommended composition is five elected members (excluding Cabinet members) and two co-opted non-voting members. The report of the County Treasurer at Appendix 2 sets out in greater detail the rationale for the establishment of the proposed Audit Committee.
(b) A Corporate Parenting Panel. It has been felt for some time that the work of this group of members and officers should be given a higher profile and its role be recognised in the Constitution. The main functions of the Panel will be to monitor and ensure the quality of services to children and young people for whom the Council has a corporate parenting responsibility and to make and consider reports on visits to registered children’s homes in accordance with statutory requirements.
(c) Provision will need to be made for special responsibility allowances for the chairs and vice-chairs of these bodies and also the Pension Fund Committee in order to regularise the position. This will be incorporated into the revised Members’ Allowances Scheme.
4 The revised draft Constitution will be considered by Cabinet on 19 April followed by recommendations to full Council on 2 May. Views of the Overview and Scrutiny Committee are accordingly being sought to inform the Cabinet debate.
5 Following the Annual County Council meeting on 2 May the new Constitution will be completed by the addition of the names of the Cabinet Members appointed at that meeting. Portfolios will be added subsequently once the Leader has determined what these are to be. The Constitution will then be printed and distributed and available on the Council’s Intranet and Website.
Recommendations and reasons
6 Overview and Scrutiny are invited to discuss and comment on the above proposals for submission to Cabinet. The proposed revisions will ensure that the County Council has up-to-date, robust and coherent corporate governance arrangements in place.
Contact: Lesley Davies Tel: 0191 383 3639 |
Appendix 1: Implications |
None
Staffing
None
Equality and diversity
Provision will be made for the Constitution to be made available in a variety of formats and languages. It is intended to undertake an Impact Assessment of the Constitution during 2007/08.
Accommodation
None
Crime and disorder
None
Sustainability
None
Human rights
None
Localities and Rurality
None
Young people
None
Consultation
Consultation with Overview and Scrutiny before Cabinet recommendation to full Council.
Health
None
Cabinet Briefing Date 27/03/07 Audit Committee Proposal |
Report of Stuart Crowe, County Treasurer |
Purpose of Report
Contact: Stuart Crowe Tel: 0191 383 3550 |
Appendix 1: Implications |
Finance