Agenda item

[To recommend to Council revisions to the Constitution]

Jaswinder Kaur, Democratic Services Manager presented the report on proposed changes made to the constitution for approval by the Council.

Claire Nye, Director of Finance requested a slight amendment to the proposed change to Part 4 - Financial Procedure Rules, to enable timely decisions in relation to new external funding received by the Council. It was requested that the words ‘or Cabinet (Resources) Panel’ be added following the word ‘Cabinet’ where it appeared. The Advisory Group supported the proposed change.

The Advisory Group also discussed the rational for the proposed amendment to Part 4 - Contract Procedure Rules (Section 3.10) relating to the removal of the requirement for the Cabinet Member for Governance to approve agency staff above a day rate of £350.  They also discussed the threshold above which engagement of agency staff should be approved by the Cabinet Member for Governance and the process for open and transparent reporting of engagements approved.  It was agreed that the Cabinet Member for Governance be required to approve the engagement of agency staff above a day rate of £500 and for the Human Resources Business Partner to approve engagements with a day rate below £500; and that the quarterly report on the use of agency staff be submitted to Cabinet (Resources) Panel for information.

Councillor Sandra Samuels OBE also reported that she had concerns about day rates paid to interim employees. The Director of Finance advised the Group that any interim agency staff appointed above the threshold were reported to the Council’s Strategic Executive Board for sign off.

The Chair congratulated the Democratic Services Manager and other employees involved in the work on the refresh of the Constitution.

Councillor Wendy Thompson added that the refresh had been a huge piece of work and important tidying aspects had been addressed.  She indicated that there had been missed opportunities during work, and asked that as part of the iterative approach to maintaining the Constitution, consideration be given to the Rules of Debate in Full Council with a view to them more mirroring the House of Commons rules, and to the provision in the Constitution to support and encourage members of the public to attend and participate in Council meetings.

Resolved:

          That Council be recommended to:

1.       Adopt the new format of the Council’s Constitution.

2.       Adopt the changes to the current content as summarised in the report and detailed in Appendix 1 to the report subject to:

a.      The proposed change to Part 4 – Financial Procedure Rules, to enable timely decisions in relation to new external funding received by the Council being amended by the inclusion of the words ‘or Cabinet (Resources) Panel’ between the words ‘Cabinet’ and ‘and’ to read as follows:

“Where all of the following apply, an overall increase or decrease in the Council’s total budget may be approved Cabinet or Cabinet (Resources) Panel and not require the approval by Council:”

and at the end of clause (iv) to read as follows:

“(iv)    The Section 151 Officer agrees that approval may be granted by Cabinet or Cabinet (Resources) Panel.”

b.     The proposed change to Part 4 - Contract Procedure Rules (Section 3.10) being amended to require the Cabinet Member for Governance to approve the engagement of agency staff above a day rate of £500 and for the Human Resources Business Partner to approve engagements with a day rate below £500; and

That quarterly report on the use of Agency Staff also be submitted to Cabinet (Resources) Panel for information.

3.       Authorise the Director of Governance to implement the new format and the changes set out in Appendix 1 to the report, as now amended, with immediate effect.

4.       Note that further amendments to the Constitution would be presented in May 2018.