Vale of Glamorgan Council
Cyngor Bro Morgannwg
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Agenda Item No. 8

 

The Vale of Glamorgan Council

 

Council Meeting : 1st March, 2017

 

Report of the Monitoring Officer

 

Review of the Council's Constitution / Officer Delegations

 

Purpose of the Report

  1. To facilitate consideration of a change to the Council's Constitution.

Recommendation

THAT Council consider the proposed change to Officer Delegations as set out in Paragraphs 7 and 8 below and, if approved, the Constitution be amended accordingly.

Reason for the Recommendation

To provide consistency of wording within the Contract Procedure Rules, Financial Procedure Rules and Officer Delegations.

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.
  2. Section 2.6.2 of the Constitution provides for changes considered by the Monitoring Officer to be "required to be made to remove any inconsistency, ambiguity or typographical correction" to be made and then reported to the next Full Council meeting for information.

Relevant Issues and Options

  1. Members will recall a report to Council on 14th December, 2016 regarding a number of changes to the Constitution, including a number of minor amendments to the Financial Procedure Rules and Contract Procedure Rules designed to guarantee accuracy of the wording of the documents rather than alterations to their meanings. As indicated in the earlier report, those changes were part of a wider ranging review to update all procurement documentation. The changes were approved by Council on 14th December, 2016.
  2. Since the above report, officers have identified a discrepancy between the wording of Contract Procedure Rule 17.15.2(c)(iii) and Officer Delegations to All Directors or Service Heads 1(c).
  3. The above Section of the Contract Procedure Rules states:

"17.15.2 Award of Contract

…………….

(c)                Chief Officers have been granted delegated authority to accept tenders for the supply of goods or materials and services and for the execution of works subject to:

…………….

(iii)                for amounts greater than £75,000, the approval of the relevant Cabinet Member being obtained.

……………."

  1. Notwithstanding the above, the relevant delegation resting with All Directors and Service Heads (pages 257-259 of the Constitution) states:

"ALL DIRECTORS OR SERVICE HEADS

1.                Authority to accept contracts for the supply of goods, materials or services and for the execution of works to £300,000, subject to

…………….

(c)                for amounts greater than £100,000, the prior approval of the relevant Cabinet Member having been obtained."

  1. It is therefore recommended that, in order to align the Officer Delegations with the Contract Procedure Rules, the amount quoted within the above Officer Delegation be amended from £100,000 to £75,000.

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

Operational Manager (Audit)

Operational Manager (Exchequer Services)

Responsible Officer:

Debbie Marles

Monitoring Officer