Agenda Item No. 10
The Vale of Glamorgan Council
Council: 26th September, 2012
Report of the Monitoring Officer
Council Constitution / Officer Delegations
Purpose of the Report
1. To consider a number of amendments / additions to the Council's Constitution.
That Council determines its view on the issues contained in Appendix A.
Reason for the Recommendation
To update / modify the Constitution in line with current requirements and to enable determination of the issues raised.
2. Since the formal introduction of the Council's new executive arrangements in May 2002, the Constitution has remained under review and will continue to be reviewed on an ongoing basis. Under Article 15 of the Constitution the Monitoring Officer has a duty to monitor and review the operation of the Constitution to ensure that the aims and principles contained therein are given full effect. Any changes considered necessary are subject to approval by the Full Council after consideration of the proposals by the Monitoring Officer.
Relevant Issues and Options
3. Council, on 27th June 2012, considered, and approved, a comprehensive report on this issue in the light of the recent senior management restructuring. It was resolved
(1) T H A T the revised Scheme of Officer Delegations, amended to reflect the Senior Management Restructuring be approved and the Constitution amended accordingly.
(2) T H A T any other consequential changes to the Constitution deemed by the Monitoring Officer to be necessary, including the rewording of "Article 12 - Officers", to give effect to the Senior Management Restructuring also be made; any such changes to be made in consultation with the Leader, to be circulated to Members for information and reported to the subsequent meeting of Council.
(3) T H A T with regard to any previous decisions of the Authority which include a delegation to an officer(s) or a requirement for consultation, then the officer(s) will be deemed to be the officer(s) to whom responsibility has passed, or will pass, under the Senior Management Restructuring; in the event of any doubt, the relevant officer(s) to be determined by the Managing Director.
4. A number of relatively minor amendments have been proposed by officers and, given there was a Council meeting scheduled, these are set out in Appendix A for Members' consideration.
5. The Appendix mainly contains proposed revisions / updates to the scheme of officer delegations designed to reflect current management and service requirements and arrangements and which have been identified since the comprehensive review of delegations reported to / agreed by Council on 27th June 2012. The opportunity will also be taken to make a number of other minor typographical / "housekeeping" changes relating to officers / Cabinet Member titles to ensure the document is accurate.
6. The existing Constitution is available on both the Council's MemberNet site http://staffnet.valeofglamorgan.gov.uk/chief_executive/membernet_councillors_pages.aspx (access only for Elected Members and staff of the Vale of Glamorgan Council) and external website http://www.valeofglamorgan.gov.uk/our_council/council/constitution.aspx
Resource Implications (Financial and Employment)
7. None as a direct result of this report.
Sustainability and Climate Change Implications
8. There are no direct implications arising from the report.
Legal Implications (to Include Human Rights Implications)
9. The Council is required to comply with the Local Government Act 2000 and subordinate legislation in the drawing up and subsequent operation of the Constitution.
Crime and Disorder Implications
10. The Constitution has been updated to reflect current legislation.
Equal Opportunities Implications (to include Welsh Language issues)
11. None as a direct result of this report.
12. The Constitution is part of the framework supporting the Council's commitment to provide a political leadership and active relationship and engagement.
Policy Framework and Budget
13. The adoption and subsequent changing of the Constitution is a matter for the Full Council.
Consultation (including Ward Member Consultation)
14. The monitoring and amendment of the Constitution is an internal matter and therefore no external consultation procedure is necessary.
Relevant Scrutiny Committee
15. Corporate Resources.
Report to Council: 27th June 2012
Jeff Wyatt, Tel: 01446 709408
Operational Manager - Democratic Services
Debbie Marles, Monitoring Officer