Agenda item

CONSTITUTION WORKING PARTY 13 APRIL 2021

Agenda item 5: Review of Protocol on Member / Officer Relations

RESOLVED:

To recommend that, following any further amendments by Standards Committee, Council approves the revised Member /Officer Protocol.

(Standards Committee considered this item at their meeting on 27^th April 2021 and supported approval subject to some changes which are reflected in the attached version).

Agenda item 8: Dispute Resolution Process – Full Delegation to Chief Officers

RESOLVED:

To recommend to Full Council that the Constitution be updated to include a dispute resolution procedure in the event of any disagreement between a Chief Officer and Elected Member, following consultation about use of delegated powers.

CONSTITUTION WORKING PARTY 28 JUNE 2021

Agenda Item 5: Review of Portfolio Holder Reports to Council

RESOLVED:

To recommend to Council:

1. That the Council agenda be amended to include the following two separate standing agenda items:

a.    Presentation of Portfolio reports

b.    Questions to Portfolio Holders (limited to 30 minutes)

2. That a review be undertaken in 6 months

Agenda item 6: Contract Standing Orders (Procurement) Exemptions

RESOLVED:

To recommend to Full Council the following;

a.    The updates and amendments to the Exemption Form as contained within Appendix 2 of the report

b.    That the Section 151 Officer is a required signatory on the Contract   Procurement Exemption form.

c.    The updates and amendments to the Constitution as contained within Appendix 3 of the report

d.    That the Constitution states that the contract cannot commence until the exemption form has been satisfactorily completed, with the exception of an emergency situation, when the form must be completed as soon as practical and that this is included in the Constitution

e.    That a standing item for the reporting of contract procurement exemptions is added to the Governance, Risk & Audit Committee agenda

f.     To publish the contract procurement exemptions on the Council’s website on a quarterly basis.

The Chairman of the Constitution Working Party, Cllr V Gay, introduced this item. She explained there were four recommendations and she introduced them in turn.

1.     Protocol on Member / Officer Relations

Cllr Gay explained that the protocol had undergone a substantial review and it was now much more explicit what officers and members should expect of one another. The Standards Committee had supported the proposed changes.

It was proposed by Cllr V Gay, seconded by Cllr T FitzPatrick and

RESOLVED

To approve the revised Protocol on Member / Officer Relations

2.     Dispute Resolution Process – Full Delegation to Chief Officers

Cllr Gay explained that this had been requested by the Council’s auditors in case of a dispute over the use of delegated powers by an officer. Such a situation had not arisen but it was considered good practice to have a process in place.

It was proposed by Cllr V Gay, seconded by Cllr P Grove-Jones and

RESOLVED

That the Constitution be updated to include a dispute resolution procedure in the event of any disagreement between a chief officer and elected member, following consultation about use of delegated powers.

3.     Review of Portfolio Holder reports to Council

Cllr Gay said that this concerned the way Portfolio Holder reports were treated at Full Council. She said that she had concerns about this recommendation as it had could have implications for the length of Full Council meetings and there were a range of alternative options which could be explored. She said that would like to propose that this item was deferred to allow for further consideration. Cllr S Butikofer seconded the proposal.

Cllr T FitzPatrick said that as a member of the Constitution Working Party, he felt that it would have been appropriate for the Chairman to notify the members of the working party, particularly as the recommendation had been unanimously supported at the meeting. Cllr Gay acknowledged his concerns.

It was proposed by Cllr Gay, seconded by Cllr S Butikofer and

RESOLVED to

Defer this item

Nine members abstained.

4.     Contract Standing Orders (Procurement) Exemptions

Cllr Gay said that this was an important item and the recommendations had arisen following an audit of the Council’s contract procurement exemption process. She outlined the recommendations in turn.

The Chairman of the Governance, Risk & Audit Committee, Cllr J Rest confirmed that the committee supported the recommendations.

It was proposed by Cllr V Gay, seconded by Cllr T FitzPatrick and

RESOLVED

To approve the following;

a. The updates and amendments to the Exemption Form as

contained within Appendix 2 of the report

b. That the Section 151 Officer is a required signatory on

the Contract Procurement Exemption form.

c. The updates and amendments to the Constitution as

contained within Appendix 3 of the report

d. That the Constitution states that the contract cannot

commence until the exemption form has been

satisfactorily completed, with the exception of an

emergency situation, when the form must be completed

as soon as practical and that this is included in the

Constitution

e. That a standing item for the reporting of contract

procurement exemptions is added to the Governance,

Risk & Audit Committee agenda

f. To publish the contract procurement exemptions on the

Council’s website on a quarterly basis.