Agenda item

To consider a report of the Monitoring Officer

The report sets out a number of proposed changes to the Constitution under the following headings:-

·         Scheme of Delegation – Officers and the Executive

·         Changes required by law

·         Officer Code of Conduct in relation to staff registers of Business Interests, Gifts and Hospitality

·         Property Transaction Process Flowchart

·         Implementation of new regulations governing the appointment and dismissal of the statutory officers.

The Scrutiny Committee is requested to consider and comment on the proposals for changes to the Constitution set out in the report, and authorise the Monitoring Officer to make any minor changes to the Constitution if required as a result of these changes.

Officer contact Parveen Akhtar on telephone number 0161 218 1450 or alternatively email parveen.akhtar@stockport.gov.uk

The Monitoring Officer submitted a report (copies of which had been circulated) setting out a number of proposed changes to the Constitution under the following headings:-

·         Scheme of delegation – Officers and Executive

·         Changes required by law

·         Officer Code of Conduct in relation to staff registers of Business Interests, Gifts and Hospitality

·         Property Transaction Process Flowchart

·         Implementation of new regulations governing the appointment and dismissal of the statutory officers.

It was reported that the Constitution Working Party at its meeting on 22 July 2015 had recommended that the recommendations in the report be approved.

The Leader of the Council (Councillor Sue Derbyshire) and the Deputy Executive Leader and Portfolio holder for Support & Governance (Councillor Iain Roberts) attended the meeting to answer members’ questions.

RESOLVED – (1) That the Council Meeting be recommended to give approval to the changes to the Constitution set out in Appendices 1 to 9 of the report.

(2) That should the changes to the law on the discharge of local authority functions be non-discretionary then the Monitoring Officer be authorised to report to the Leader and Council Meeting directly without first referring the issues to the Constitution Working Party and this Scrutiny Committee.

(3) That the Monitoring Officer advise the Constitution Working Party and this Scrutiny Committee of any changes announced by the Government with regard to (2) above.

(4) That this Scrutiny Committee supports the Monitoring Officer being authorised to make minor or technical changes to the Constitution if any such change was required as a result of the amendments set out in Appendices 1 to 9 of the report.

(5) That the Monitoring Officer be requested to confirm with the existing two Independent Persons, appointed for the purposes of Standards complaints, that they are happy to take on the new responsibilities in relation to being the “Designated Independent Person” to investigate and make a binding recommendation on disciplinary action against the Head of the Paid Service, Monitoring Officer and Section 152 Officer.