3 Review of the Constitution PDF 128 KB
To consider a report of the Strategic Head of Service (Legal & Democratic Governance) & Monitoring Officer
The report is intended to prompt a discussion as to what matters the Working Party consider may need amending in the Constitution during this municipal year.
It is suggested that consideration is given to making the following changes:-
· Remove reference to Funding Committee (various references but predominantly Article 10);
· Re-integration of planning protocol into the main body of the constitution;
· Amendment of Section 8 – Officer Functions – “In connection with Financial Matters” to clarify that the scheme of delegation for making decisions to procure contracts, accepting tenders or quotations, placing order for good etc and awarding contracts applies to the total value of the contract over its term length, not the per annum value;
· Amendment to Section 8 - Officer Functions “To the Deputy Chief Executive – Estates Management” to clarify (paragraph 6) to clarify when members of an Area Committee need to be consulted.
The Working Party is recommended to note the report and that the Monitoring Officer be authorised to make the amendments at paragraphs 2.1, 2.3 and 2.4 above and to request a further report to come to the next working party regarding paragraph 2.2 above containing the recommendations of the Chief Planning Officer.
Officer Contact: Vicki Bates on 0161 474 3219 or email: vicki.bates@stockport.gov.uk
Additional documents:
Minutes:
The Strategic Head of Service & Monitoring Officer (Legal and Democratic Governance) submitted a report (copies of which had been circulated) setting out proposed areas of the constitution for amendment.
The following comments were made/ issues raised:
· Removing reference to Funding Committee
It was noted that the Funding Committee was no longer in existence and therefore reference to the committee could be removed from the constitution.
· Re-integration of planning protocol into the main body of the constitution
It was felt that the re-integration of the planning protocol into the main body of the constitution would enable to protocol to be more readily available.
· Amendment of Section 8 – Officer Functions (in connection with Financial Matters)
The proposed amendment sought clarification in the scheme of delegation in relation to making decisions to procure contracts, accepting tenders or quotations, placing orders for good and awarding contracts, and the total value applied to the contract over its term length as opposed to the per annum value. It was suggested that contracts over £10 be presented to Cabinet for consideration, and that this provision be specified within the constitution.
· Amendment of Section 8 – Officer Functions (to the Deputy Chief Executive – Estates Management)
The proposed amendment sought clarification as to when members of an Area Committee need to be consulted. Members were reassured that this would not mean reduced consultation on matters.
Members discussed other proposed areas for consideration. It was suggested that the membership of the Appointments Committee be reviewed with the potential for this to be excluded from the proportionality calculation to allow for representation on the committee from all political groups represented on the Council. It was noted that while this proposal would mean the committee would not be strictly in proportion with the overall political balance of the Council, it would ensure fairer representation of all the groups represented on the Council.
It was also suggested that members review the notice period for amendments to motions at the Council Meeting, and consider at the next meeting of the Working Party whether the topic be reviewed formally. Minutes of the meeting 3 February 2022, where the matter was previously discussed, would be circulated to members for their information.
RESOLVED – (1) That the report be noted.
(2) That the proposed amendments to the constitution be endorsed and that the Council Meeting be recommended to approve and adopt those amendments.
(3) That a report relating to the re-integration of the planning protocol into the main body of the constitution containing the recommendations of the Chief Planning Officer be presented to members at a future meeting of the Constitution Working Party for consideration.