Agenda and minutes

To approve the minutes of the meeting on 11 June 2012.

RESOLVED

THAT the minutes of the meeting held on 11 June 2012 be approved as a correct record and signed by the Chairman.

To answer any written public questions about matters which are within the powers and duties of the Committee. The closing date/time for receipt of questions is 10.00am on 10 October 2012. To answer any oral question(s) put by members of the public with the consent of the Chairperson.

Depending on the nature of the questions asked, it may not be possible to provide a comprehensive answer at the meeting, in which case a written answer will be supplied as soon as reasonably possible after the meeting.

No public questions were received.

To answer any written members’ questions.

The closing date/time for the receipt of questions is 10.00am on 10October 2012.

No members’ questions were received.

To consider the attached report from the Assistant Director of Law and Administration

17.1      Christine Wray, Assistant Director of Law and Administration, presented the report which set out the proposed changes to the Constitution flowing from the recommendations in the report of Graham Garbutt.

17.2      Members were reminded that at the committee meeting held in March 2012, following publication of the Graham Garbutt report, they had endorsed a proposal from the Leader of the Council that the committee carry out a review of the officer delegations set out in the Constitution and that the Chief Executive consider the role of the Monitoring Officer.

17.3      Officer Scheme of Delegation

17.3.1   The Assistant Director of Law and Administration informed the committee that the Council first adopted a constitution back in 2001 following implementation of the Local Government Act 2000.  To assist with implementation, central government (the Department for Environment Transport and Regions) published guidance to assist authorities in introducing new executive arrangements, which included a modular constitution.  Whilst the authority adopted many of the model clauses, there was no model for the officer scheme of delegation.  The authority had been using the same scheme since 2001, with ad hoc amendments.

17.3.2   The committee was informed that a selection of other authorities’ schemes had been viewed in order to compare them with that of Gloucestershire County Council.  It appeared however that they varied widely in terms of length, degree of detail and reference to specific powers.

17.3.3   The committee noted that the issues arising from the Graham Garbutt report included the need for greater clarity in requirements for consultation, the levels of delegation, clarity and consistency in processes of authorisation and recording of decisions, and for their reporting and subsequent scrutiny.

17.3.4   The Assistant Director of Law and Administration explained that in light of the issues raised in the Graham’s Garbutt’s report, the proposed changes to the officer scheme of delegation meant that consultation would be mandatory where decisions had financial implications in excess of £250,000, or could be regarded as politically sensitive or contentious.  In addition, that all decisions taken by officers with financial implications over £250,000 should be recorded on a pro forma and the record maintained centrally by the Democratic Services Unit.

17.3.5   Members were informed that the proposed changes to the officer scheme of delegation had had been piloted in four service areas (Social Care, Special Educational Needs, Property & Integrated Transport Unit).  However very few decisions were made in the time period and it was possible that the volume of such decisions in general could be low.

17.3.6   There was concern amongst some members that the requirement to consult could be missed during times when officers made a series of individual but linked decisions, which collectively would have financial implications of over £250,000. 

17.3.7   The Assistant Director of Law and Administration clarified that she interpreted the requirement to specifically relate to policy decisions, which would influence a number of other decisions, and have financial implications of over £250,000.  Consultation would not be required on an individual decision unless the financial  ...  view the full minutes text for item 17.

To consider the attached report of the Chief Executive

18.1         Peter Jones, Deputy Chief Executive, introduced the report which set out information about the role of the monitoring officer in light of the recommendations in Graham Garbutt’s report, that the council should review the role of the Monitoring Officer and Chief Legal Adviser.

18.2         He explained that the report had been considered by the Audit Committee at its meeting on 27 September 2012, and the comments made by members of the committee were included in the report.

18.3         Following consideration of the report, members indicated that they were in support of a mandate for changing the current designation of the post of Director of Law and Administration as the Council’s Monitoring Officer.

                 RESOLVED to recommend to Council that a separate officer post for the Monitoring Officer role is so designated as soon as practicable.

To consider the attached report of the Assistant Director of Law and Administration

19.1        Christine Wray, Assistant Director of Law and Administration, presented the report which sought agreement to ratify and recommend to Council, for approval the proposed amendments to the constitution that had been made by the Monitoring Officer under delegated powers.

19.2         The committee was informed that the proposed changes related to the publication of the Constitution and the role of the independent persons on the Standards Committee. 

                 RESOLVED to recommend that

(a)   the changes set out in Annex 1 of the report be forwarded to Council for ratification.

(b)   the changes set out in Annex 2 of the report be forwarded to Council for ratification.

7 November 2012 at 10.00am

20.1         The committee noted that the next meeting would be held on 7 November 2012 at 10am.