Agenda item

To consider the recommendations for approval set out below:

Council received a report from the Monitoring Officer regarding approval and adoption of revisions to the Constitution, in accordance with the recommendations of the Audit & Governance Committee.

Cllr J Burton moved and Cllr Webb seconded the recommendations contained in Minute 35 of the Audit and Governance Committee held on 8 November 2023, subject to including three minor amendments to the Constitution, as highlighted by the Monitoring Officer, in respect of:

·        Annex 7, Appendix 12, section 2.1c, (page 154 of the agenda) delete ‘a’ and insert ‘only one’ in the first sentence.

·        Annex 5, Article 11, paragraph 3.4 (page 145 of the agenda) delete the word ‘statutory.’

·        Pages 164, 175 and 176 of the agenda the words ‘him or her’ to be changed to ‘them.’

The relevant sections referred to in the Constitution, as amended, would read as follows:

Annex 7, Appendix 12 – Officer Employment Procedure Rules

·        Section 2, Appointment of Assistants to Political Groups

2.1c  If only one Group has a membership that comprises one-tenth or more of the membership of the authority then the Groups qualifying for the post shall be that Group and one other Group; the other Group shall be the one with the next largest membership, or if there is equality of members between the Groups, then the authority shall decide, before allocating the first Assistant. 

·        Annex 1 – Disciplinary Procedure for the Head of Paid Service (Chief Operating Officer), the Monitoring officer and Chief Finance (s151) Officer.

2.7 If the Head of Paid Service (or the Monitoring Officer is the compliant is against the Head of Paid Service) decides that the allegations should be filtered out of the process, this shall be the end of the procedure and the Statutory Chief Officer will be sent a letter informing them of the decision as soon as possible.

·        Annex 2, Disciplinary Procedure for Non-Statutory Chief Officers.

2.4  If an informal resolution is not appropriate, the Head of Paid Service (or as delegated to their Chief Officer) will consider the evidence and, unless the matters are clearly unfounded or trivial, the Head of Paid Service (or as delegated to their Chief Officer) may contact the non-Statutory Chief Officer informing them of the allegations and asking for their representations.  A meeting may be arranged by the Head of Paid Service (or as delegated to their Chief Officer) with the non-Statutory Chief Officer to discuss the allegations.

2.7   If the Head of Paid Service (or as delegated to their Chief Officer) decides that the allegations should be filtered out of the process, this shall be the end of the procedure and the non-Statutory Chief Officer will be sent a letter informing them of the decision as soon as possible.

Annex 5, Article 11 – Staffing Matters and Urgency Committee

3.4  To arrange for the conduct of the recruitment and selection process in respect of the following Chief Officers:

Following debate and on being put to the vote, the recommendations, including the suggested amendments, were declared CARRIED, and it was

Resolved:  That the proposed constitutional changes within  Annexes 6, 8 and 10 (Appendix 11, Contract Procedural Rules, Article 11, Staffing Matters and Urgency Committee and Appendix 12, Officer Employment Procedure Rules) be adopted, subject to incorporating the above agreed amendments.