Agenda item

Interim Section 151 Officer arrangements

Summary:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Options considered:

Section 151 of the Local Government Act 1972 requires the Council to designate a Chief Finance (Section 151) Officer.  The Chief Finance Officer has a number of statutory duties and responsibilities relating to the proper administration of the Council’s finances, assets and resources and be responsible for those arrangements including managing the relationship with the Council’s Internal and External Audit functions, submission of Government returns.

 

Following the recent resignation of the officer who has fulfilled this role for the Council since September 2016, it is necessary to designate a new officer to fulfil the Chief Finance Officer role for the authority on an interim basis until a permanent appointment of a new Director of Resources is made.

 

The Council is required by legislation to designate a Chief Finance (S151) Officer and therefore needs to make an interim appointment pending recruitment of a new Director of Resources.

 

Conclusions:

 

Council is required to appoint a Chief Finance Officer under Section 151 of the Local Government Act 1972.  The appointment of the Chief Finance Officer is reserved to the Council and cannot be made by any other body.

 

Recommendations:

 

 

 

 

That Council:-

 

1)    Provides delegated authority to the Chief Executive in consultation with the three Group Leaders and Finance portfolio holder to make an interim appointment of a Chief Finance (Section 151) Officer with immediate effect pending recruitment of a new Director of Resources.

2)    Notes the need to establish an Employment and Appeals Panel to support the process of recruiting and appointing a new Director of Resources

 

Minutes:

The Chairman invited the Chief Executive to introduce this item. He explained that Section 151 of the Local Government Act 1972 required the Council to designate a Chief Finance (Section 151) Officer.  The Chief Finance Officer had a number of statutory duties and responsibilities relating to the proper administration of the Council’s finances, assets and resources and be responsible for those arrangements including managing the relationship with the Council’s Internal and External Audit functions, submission of Government returns.

 

Following the recent resignation of the officer who had fulfilled this role for the Council since September 2016, it was necessary to designate a new officer to fulfil the Chief Finance Officer role for the authority on an interim basis until a permanent appointment of a new Director of Resources was made. He said that he had begun conversations with neighbouring local authorities and the East of England Local Government Association (EELGA) about filling the vacancy on an interim basis to provide the necessary support for the Council to fulfil its section 151 obligations in the intervening period whilst recruitment took place for the Director of Resources role. He had not been able to conclude discussions with a neighbouring authority but they had been positive and he was hopeful of reaching an outcome soon. He therefore sought delegated authority, in consultation with the Group Leaders, to make the interim appointment.

 

Cllr N Dixon asked who had held the responsibilities of Section 151 Officer from 1st June until now. The Chief Executive replied that there was a deputy S151 Officer but they were currently absent from work due to sickness. The matter had been discussed with the Council’s external auditors and had brought forward this report to members at the first opportunity.

 

Cllr G Hayman asked about the level of risk that the Council was exposed to in the absence of both the S151 officer and the deputy 151 officer. The Chief Executive replied that the risks were identified in section 2.5 of the report, adding that it would be possible for the S151 Officer to be absent on leave and the deputy to be absent through sickness and at present the Council’s position had not varied from that.

 

Cllr N Housden asked what level of indemnity was the Council covered for in the absence of a S151 Officer. The Chief Executive replied that he would have to come back to Cllr Housden with a response on this. He said that he had advised the Council’s external and internal audit partners of the situation and they had indicated that on the basis that a report was taken to Full Council as soon as possible, they were satisfied with the current situation.

 

Cllr N Pearce asked what arrangements had been in place to oversee the responsibilities of the Director of Resources. The Chief Executive replied that there were processes in place to cover the line management responsibilities of the Director of Resources and these currently shared between the Council’s two other directors. The appointment of an interim S151 Officer would cover those areas where the Council was exposed to some risk.

 

It was proposed by Cllr T Adams, seconded by Cllr R Kershaw and

 

RESOLVED

 

1)    Provide delegated authority to the Chief Executive in consultation with the three Group Leaders and Finance portfolio holder to make an interim appointment of a Chief Finance (Section 151) Officer with immediate effect pending recruitment of a new Director of Resources.

2)    Note the need to establish an Employment and Appeals Panel to support the process of recruiting and appointing a new Director of Resources

 

 

Supporting documents: