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Agenda Item No. 6

 

The Vale of Glamorgan Council

 

Council: 26th April 2017

 

Report of the Monitoring Officer

 

Review of the Council's Constitution / Officer Delegations

 

Purpose of the Report

  1. To facilitate a transfer of an Officer Delegation, given the retirement of the Council's Head of Strategic ICT.

Recommendation

  1. That responsibility for Data Protection issues as set out in Sections 16.16.1(a) and (c) of the Financial Procedure Rules contained in the Council's Constitution be transferred to the Head of Finance and the Financial Procedure Rules and Constitution be amended accordingly.

Reason for the Recommendation

  1. To confirm responsibility for the above Data Protection matters following the retirement of the Council's Head of Strategic ICT.

Background

  1. 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 Section 2.4 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.

Relevant Issues and Options

  1. The Council's Financial Procedure Rules provide (in Section 16.16.1) that

"16.16.1        Data Protection

(a)                The Head of Strategic ICT shall have overall responsibility for data protection, assuming the role of the Council's Senior Information Risk Owner (SIRO).

……….

(c)                The Head of Strategic ICT shall be responsible for maintaining the Council's Data Protection Notification. Chief Officers shall promptly notify him / her of any additions, amendments or deletions to the Council's Data Protection Notification for all personal data held in their areas of responsibility. "

  1. The Head of Strategic ICT will be retiring from the Council at the end of April 2017 and it is intended that the Head of Finance will assume the above Data Protection responsibilities (including the role of SIRO)

Resource Implications (Financial and Employment)

  1. None as a direct result of this report.

Sustainability and Climate Change Implications

  1. None as a direct result of this report.

Legal Implications (to Include Human Rights Implications)

  1. 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

  1. None as a direct result of this report.

Equal Opportunities Implications (to include Welsh Language issues)

  1. None as a direct result of this report.

Corporate/Service Objectives

  1. 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

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

Consultation (including Ward Member Consultation)

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

Relevant Scrutiny Committee

  1. Corporate Performance and Resources

Background Papers

Council Constitution

Contact Officer

Jeff Wyatt, Tel: 01446 709408

Officers Consulted

Head of Finance

Responsible Officer:

Debbie Marles, Monitoring Officer

 

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