Agenda Item No. 9

 

The Vale of Glamorgan Council

 

Council: 26th September, 2018

 

Report of the Monitoring Officer

 

Review of the Council's Constitution/Officer Delegations

 

Purpose of the Report

  1. To seek Council approval for additions and amendments to the officer delegations in the Council's Constitution.

Recommendation

THAT the changes to officer delegations as set out below be approved and the Constitution be amended accordingly.

Reason for the Recommendation

To update the officer delegation scheme to reflect current structures and relevant provisions within the current Constitution.

Background

  1. The Constitution remains under review 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 2.62 of the Constitution provides for any changes considered by the Monitoring Officer to be required to be made to remove any inconsistency, ambiguity or typographical correction to be made in a report to the next full Council meeting for information.

Relevant Issues and Options

  1. Section 25 of the Constitution - Officer Delegations - requires amendments to the Officer Delegations as follows:

(i)        The an additional delegation be granted to the Head of Regeneration and Planning and the Operational Manager for Planning and Building Control in respect of Listed Buildings as follows:

"To Serve an Article 4 Notice to prevent development and/or demolition that may otherwise be permitted development."

This is to enable protection of locally Listed Buildings or Conservation Areas or in the interest of the proper planning of the area.

(ii)       That in the absence of the Section 151 Officer and the Deputy Section 151 Officer, the Operational Manager Exchequer Services and the Exchequer Manager be granted delegated authority to deal with the following:

"The instigation of appropriate legal proceedings for the recovery of Rates, Council Tax, Non Domestic Rates and other monies due to the Council".

This extends the existing authority which currently is granted to the Section 151 Officer and Deputy Section 151 Officer and will ensure that there is sufficient cover during periods of absence of the above officers who are responsible for the signing of relevant documentation within a very short timeline to allow for the Council to lodge  papers in the court.

(iii)       That an additional delegation is granted to the Section 151 Officer and Deputy Section 151 Officer as follows:

"To include a new delegation in consultation with the Mayor".

This is to enable the payment of grant awards from the Mayor's Foundation.

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. There are no crime and disorder implications arising.

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 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

Karen Bowen, Tel: (01446) 709856; email: kbowen@valeofglamorgan.gov.uk

Officers Consulted

Head of Regeneration and Planning

Operational Manager - Planning and Building Control

Head of Finance / Section 151 Officer

Responsible Officer:

Debbie Marles, Monitoring Officer