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Agenda Item No. 11

 

The Vale of Glamorgan Council

 

Council: 5th March, 2014

 

Report of the Monitoring Officer

 

Review of the Council's Constitution / Officer Delegations

 

Purpose of the Report

1.         To consider a number of amendments / additions to the Council's Constitution.

Recommendation

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. 

 

Background

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 so 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.         Members will recall that a cross-party Constitution Working Party has been established to consider amendments to the Council's existing Constitution, taking into account the new Model Version issued for consideration/adaptation by local authorities in Wales.  Various officers have been going through the existing Constitution and preparing draft revised sections for consideration by the Working Party.  Often, the text is very similar to the current version.  However, there are also various new legislative requirements and provisions which need to be taken into account and which are reflected in the Model Version.  The Working Party will meet as necessary prior to a report being submitted to the Council at its meeting on 7th May.

4.         Notwithstanding, and in advance of, the above, Appendix A to the report contains a number of proposed amendments / updates / recommendations to the Constitution together with the rationale for such.  In summary, these relate to:

  • Family Absence for Elected Members.
  • Council Procedure Rules (paragraph 13.1 and 13.2)
  • Provisions relating to Data Protection, Freedom of Information and the Regulation of Investigatory Powers Act.

5.         Member are reminded that Council on 18th December 2013 considered a detailed report on Family Absence for Elected Members and the proposed amendments to the Constitution reflect the decison of Council (and, in particular, the requirement to provide within Standing Orders provision for Family Absence).

6.         The opportunity will also be taken to make any minor typographical / housekeeping changes to bring the document up to date.

7.         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)

8.         None as a direct result of this report.

Sustainability and Climate Change Implications

9.         None as a direct result of this report.

Legal Implications (to Include Human Rights Implications)

10.      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

11.      The Constitution has been updated to reflect current legislation.

Equal Opportunities Implications (to include Welsh Language issues)

12.      None as a direct result of this report.

Corporate/Service Objectives

13.      The Constitution is part of the framework supporting the Council's commitment to provide political leadership and active relationship and engagement.

Policy Framework and Budget

14.      The adoption and subsequent changing of the Constitution is a matter for the Full Council.

Consultation (including Ward Member Consultation)

15.      The monitoring and amendment of the Constitution is an internal matter and therefore no external consultation is necessary.

Relevant Scrutiny Committee

16.      Corporate Resources

Background Papers

Council's Constitution

 

Contact Officer

Jeff Wyatt, Tel: 01446 709408

 

Officers Consulted

Managing Director

Director of Development Services

Head of Strategic ICT

 

Responsible Officer:

Debbie Marles, Monitoring Officer

 

 

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