Agenda item

Changes to the Constitution - Financial & Other Delegations and Re-allocation of functions

Meeting of South Somerset District Council, Thursday 20th September 2018 7.30 pm (Item 42.)

Decision:

RESOLVED:	That Full Council:-
	1.	agreed the following changes be made to the Council’s Constitution: a) Section 4 of Part 3 be amended to reflect previously approved delegations to the Investment Assessment Group, the Disposal Assessment Group, and the Strategic Development and Regeneration Programme Boards (as amended); b) Section 4 of Part 3 be amended to reflect the previously approved delegation for establishing limited companies and limited liability partnerships; c) Section 6 of Part 3 be amended to delegate to the Lead Specialist – Legal those duties that appropriately sit with the senior legally qualified officer and to delegate elsewhere those aspects that appropriately sit with a another officer; d) Financial Procedure Rule 13.2 be amended to reflect the financial limits of the delegation to the Investment Assessment Group, the Disposal Assessment Group, the Strategic Development Board and the Regeneration Programme Boards.
	2.	confirmed that, until recruitment processes linked to the Transformation programme were complete, officer delegations set out in Part 3 Section 6 referring to named posts below Senior Leadership Team level are delegations to the officer properly exercising that function. Once the full transformed structure is known, the Monitoring Officer will update references to job titles in accordance with her authority to do so under Article 15.02(a).
Reason:	To ensure that recent delegations of matters and functions to officers or officer/ member bodies that would otherwise be for the Executive to determine are reflected in the Council’s Constitution.

(Voting: Resolution 1: 27 in favour, 15 against, 0 abstentions) (recorded vote taken)

(Resolution 2: unanimous in favour)

Minutes:

The Leader of Council introduced the report and advised the changes to the Council’s Constitution were necessary.

The Monitoring Officer advised that following the loss of the Director for Support Services, his delegated responsibilities had been reallocated between herself, the Chief Executive and the Director for Strategy and Support Services, and therefore it was necessary to reflect the changed delegations in the Council’s Constitution. The report also included delegations previously approved by the District Executive.

In response to questions from Members, the Monitoring Officer confirmed:-

· The Council’s Commercial Strategy: 2017-2021 was confirmed by Full Council in August 2017

· Section 4, Point 4.18 (3) referred to the Chairman of the relevant Regeneration Programme Board

· The relevant Portfolio Holder would be involved in the investment acquisition process

· She had delegated power to amend post names as required in the Constitution

· Reference to the Income Asset Group and Disposals Asset Group would be added to Section 4, Point 4.18 (1) and (2)

The Lead Specialist - Finance confirmed that the Council had no external borrowing at the current time and they would take advice from Arlingclose, the Council’s Treasury management advisers before any such borrowing was made. Funds were being kept in reserve.

At the conclusion of the debate a named vote on recommendation 1 was requested by more than 10 Members present. This was taken and the voting was recorded as: 27 in favour, 15 against, 0 abstentions. Members were unanimous in their support for recommendation 2.

RESOLVED:	That Full Council:-
	1.	agreed the following changes be made to the Council’s Constitution: a) Section 4 of Part 3 be amended to reflect previously approved delegations to the Investment Assessment Group, the Disposal Assessment Group, and the Strategic Development and Regeneration Programme Boards; b) Section 4 of Part 3 be amended to reflect the previously approved delegation for establishing limited companies and limited liability partnerships; c) Section 6 of Part 3 be amended to delegate to the Lead Specialist – Legal those duties that appropriately sit with the senior legally qualified officer and to delegate elsewhere those aspects that appropriately sit with a another officer; d) Financial Procedure Rule 13.2 be amended to reflect the financial limits of the delegation to the Investment Assessment Group, the Disposal Assessment Group, the Strategic Development Board and the Regeneration Programme Boards.
	2.	confirmed that, until recruitment processes linked to the Transformation programme were complete, officer delegations set out in Part 3 Section 6 referring to named posts below Senior Leadership Team level are delegations to the officer properly exercising that function. Once the full transformed structure is known, the Monitoring Officer will update references to job titles in accordance with her authority to do so under Article 15.02(a).
Reason:	To ensure that recent delegations of matters and functions to officers or officer/ member bodies that would otherwise be for the Executive to determine are reflected in the Council’s Constitution.

(Voting: Question 1 – 27 in favour, 15 against, 0 abstentions)

(Question 2 - unanimous in favour)

		For	Against	Abstain
1	CLARE APARICIO PAUL		x
2	JASON BAKER	x
3	CATHY BAKEWELL	Absent
4	MARCUS BARRETT		x
5	MIKE BEECH	Absent
6	MIKE BEST	x
7	NEIL BLOOMFIELD	Absent
8	AMANDA BROOM	x
9	DAVE BULMER		x
10	HAYWARD BURT		x
11	TONY CAPOZZOLI	x
12	JOHN CLARK	x
13	NICK COLBERT		x
14	ADAM DANCE	x
15	GYE DIBBEN	Absent
16	SARAH DYKE	x
17	JOHN FIELD	Absent
18	NIGEL GAGE		x
19	CAROL GOODALL	x
20	ANNA GROSKOP	Absent
21	PETER GUBBINS	x
22	HENRY HOBHOUSE	x
23	KAYSAR HUSSEIN	Absent
24	VAL KEITCH	x
25	ANDY KENDALL	x
26	JENNY KENTON	x
27	MICHAEL LEWIS		x
28	SARAH LINDSAY	Absent
29	MIKE LOCK	x
30	TONY LOCK	x
31	PAUL MAXWELL	x
32	SAM MCALLISTER	Absent
33	GRAHAM MIDDLETON	Absent
34	DAVID NORRIS		x
35	GRAHAM OAKES	Absent
36	SUE OSBORNE		x
37	TIFFANY OSBORNE	Absent
38	STEPHEN PAGE	x
39	RIC PALLISTER	x
40	CRISPIN RAIKES	x
41	WES READ	x
42	DAVID RECARDO	x
43	JO ROUNDELL GREENE	Absent
44	DEAN RUDDLE		x
45	SYLVIA SEAL	Absent
46	GINA SEATON	Absent
47	PETER SEIB	x
48	GARRY SHORTLAND	x
49	ANGIE SINGLETON	x
50	ALAN SMITH	x
51	SUE STEELE		x
52	ROB STICKLAND	x
53	GERARD TUCKER		x
54	ANDREW TURPIN	x
55	LINDA VIJEH		x
56	MARTIN WALE		x
57	WILLIAM WALLACE	Absent
58	NICK WEEKS	Absent
59	COLIN WINDER	Absent
60	DEREK YEOMANS		x
		27	15	0

Supporting documents:

Agenda item

Changes to the Constitution - Financial & Other Delegations and Re-allocation of functions

Council and Democracy