Agenda Item No. 11
The Vale of Glamorgan Council
Council : 25th June 2014
Report of the Monitoring Officer
Review of the 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 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 and other factors which need to be taken into account and which are reflected in the Model Version. The Working Party will continue to meet as necessary prior to a report being submitted to the Council in due course.
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
The need to comply with the provisions of the Local Authorities (Standing Orders) (Wales) Regulations (Amendment) Regulations 2014, which take effect from 1st July 2014, in relation to :
The employment conditions of the Head of Democratic Services with regard to appointment, disciplinary action and dismissal
The recruitment and appointment of Chief Officers on remuneration of £100,000 or more
The determination or variation of Chief Officers' pay
The delegated powers of Chief Officers and, particular delegations of the Director of Learning and Skills and the Director of Development Services and the Operational Manager (Development and Building Control) .
4. The opportunity will also be taken to make any minor typographical / housekeeping changes to bring the document up to date.
5. 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/en/our_council/council/constitution/constitution.aspx|
Resource Implications (Financial and Employment)
6. None as a direct result of this report.
Sustainability and Climate Change Implications
7. None as a direct result of this report.
Legal Implications (to Include Human Rights Implications)
8. 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
9. The Constitution has been updated to reflect current legislation.
Equal Opportunities Implications (to include Welsh Language issues)
10. None as a direct result of this report.
11. 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
12. The adoption and subsequent changing of the Constitution is a matter for the Full Council.
Consultation (including Ward Member Consultation)
13. The monitoring and amendment of the Constitution is an internal matter and therefore no external consultation procedures is necessary.
Relevant Scrutiny Committee
14. Corporate Resources
Local Authorities (Standing Orders) (Wales) Regulations (Amendment) Regulations 2014
RTPI Cymru report "Study into the Operation of Planning Committees in Wales"
Town and Country Planning Act 1990
Jeff Wyatt, Tel: 01446 709408
Director of Development Services
Head of Democratic Services
Operational Manager (Legal Services)
Operational Manager (Development and Building Control)
Debbie Marles, Monitoring Officer