Agenda item

The Chairman, Councillor Mrs Yeates, will present the Minutes from the meeting of the Constitution Working Party held on 9 September 2019.

 

The minutes will be circulated separately and any recommendations will be reported to the meeting.

            The Chairman, Councillor Mrs Yeates, presented the Minutes from the meeting of the Constitution Working Party held on 9 September 2019, which had been circulated separately to the agenda.

            The Chairman alerted Members to the first of a series of recommendations at Minute 5 [Constitutional Amendments – Officer Employment Rules].  Councillor Mrs Yeates outlined that this had been a major review of this section of the Constitution which had been undertaken to take account of changes to legislation since the Officer Employment Rules had been drawn up.  As this part of the Constitution has not been reviewed for some years a complete re-write had been necessary to also consider best practice and Joint Negotiating Committee guidance.  Councillors were advised that Appendix 1 in their second bundle of papers set out the replacement text to be adopted which would make managing staff more straight forwards from a day-to-day operational perspective. Councillor Mrs Gregory then seconded the recommendations.

 

            The Council

 

                        RESOLVED - That

 

(1)          The proposed changes to the Constitution at Part 6 [Procedure Rules (Other)], Section 7 [Officer Employment Rules] as set out in the replacement text at Appendix 1, as attached to the minutes, be approved; 

 

(2)          Article 4, paragraph 2.0(o) be amended to add the words shown in bold below:

 

“Approving the dismissal in a disciplinary matter of the Head of Paid Service (Chief Executive), Directors, Section 151 Officer and Monitoring Officer based on a recommendation from the Statutory Officers’ Investigatory and Disciplinary Committee;

 

(3)             Article 4, paragraph 2.0(p) be amended to remove the words crossed through and add the words shown in bold:

 

“Approving terminations of service of the Head of Paid Service (Chief Executive) in respect of early retirement and/or redundancy within the framework of restructuring proposals, and any changes to the postholder’s terms and conditions in response to a request for flexible retirement.

 

(4)          Amend Part 4 (Officer Scheme of Delegation), Section 2 (Chief Executive and Directors), paragraph 2.0 (Chief Executive) to add a further paragraph as shown in bold to read:

 

a. Settlement Agreements

i. to agree terms for Settlement Agreements up to a cost to the Council of £50,000 in consultation with the Section 151

Officer; ii. to agree terms for Settlement Agreements up to a cost to the Council of £95,000 in consultation with the Leader of the

Council, Leader of the Opposition and Section 151 Officer; and iii. to submit a report to Full Council for consideration on settlements of more than £95,000.

 

(5)          Amend Part 4 (Officer Scheme of Delegation), Section 3 (Group Heads), paragraph 2.1 (Group Head of Corporate Support) to replace the word “Compromise” with “Settlement” in the title and text; and amend the figure of “£10,000” to read “£25,000”.  To also replace the last sentence with the words “Settlements of more than £25,000 may be considered by the Chief Executive or Full Council dependent on their value as confirmed in Part 4 (Officer Scheme of Delegation, Section 2 (Chief Executive and Directors) and Article 4 (Functions of Full Council).”

 

(6)          Amend Article 4 (Functions of Full Council) to add a further paragraph as shown in bold to read:

 

                        a.           Approving Settlement Agreements of more than £95,000.

 

(7) Amend Part 3 (Responsibility for Functions), paragraph 8.6 (Staff Appeals Panel) as shown crossed through and in bold below:

a.             At the 1^st bullet point - Any financial settlement up to a limit of £25,000 for an individual claim to a compensatory payment.  All financial claims relating to a regrading claim require a decision of Full

Council where a supplementary estimate is needed; and

b.             At the 2^nd bullet point – “The non-financial terms for a confidentiality

agreement or settlement agreement to settle a matter.”

 

(8) The Group Head of Council Advice & Monitoring Officer be authorised to make any further consequential changes to the Constitution.

 

            Councillor Mrs Yeates then referred Members to the next set of recommendations at Minute 6 [Constitutional Amendments – Part 4 (Officer Scheme of Delegation for Crime and Disorder Act 1998 and the Anti-Social Behaviour, Crime and Policing Act 2014].  Councillor Mrs Yeates explained that Full Council approval was sought to make changes to the Constitution in respect of decision making on matters relating to the Council’s response to crime, disorder and anti-social behaviour.  Currently, in her position as Cabinet Member for Community Wellbeing, she had responsibility for making all decisions on such matters.  However, to facilitate the operational requirements of application and enforcement, it was proposed that responsibility for these functions and associated two legislative acts be delegated to Senior Officers, under the Council’s Officer Scheme of Delegation.  In her position as Cabinet Member, this would mean that she would continue to retain responsibility for Policy decisions under the legislation.

 

Councillor Mrs Yeates outlined that at the Working Party a slight amendment to Recommendation (2) a) had been made to ensure that such decisions could only be made by members of staff in the Senior Management Team consisting of the Corporate Management Team and Group Heads to provide additional capacity to the Council in responding to these operational matters.  Councillor Mrs Gregory then seconded the recommendations.

 

The Council

 

            RESOLVED – That

 

                        The following Constitutional amendments be agreed:

 

(1)          Part 3 (Responsibility for Functions), Section 3 (Cabinet Member Responsibilities) amend point (8) under the Cabinet Member for Community Wellbeing’s specific responsibilities to add the word shown in bold:   

a)   To make policy decisions on all matters arising from the Council’s statutory responsibilities under the Crime and Disorder Act 1998 and the Anti-social behaviour, Crime and Policing Act 2014”. 

(2)          Part 4 (Officer Scheme of Delegation), Section 2, Sub-Section 2.0 (Chief Executive), paragraph 2.24 is amended as follows – additions are shown in bold and deletions crossed through:

a)   Pursuant to the Anti-social Behaviour, Crime and Policing Act 2014 power to issue Closure Notices for up to a maximum period of 48 hours and the power to delegate authority to other officers within the authority for the purpose of issuing closure notices for up to a maximum period of 48 hours. In the absence of the Chief Executive this authority is delegated to their nominees, these being members of the Senior Management Team [the Corporate Management Team and Group Heads]. 

b)   Subject to 2(a), delete paragraph 3.16 at Part 4 (Officer Scheme of Delegation), Section 2, Sub-Section 3.0 (Director of Services).

c)   Delete paragraph 3.15 at Part 4 (Officer Scheme of Delegation), Section 2, Sub-Section 3.0 (Director of Services).  

(3)          Part 4 (Officer Scheme of Delegation), Section 3 (Group Heads), paragraph 4.1 (Group Head of Community Wellbeing) is amended as follows: 

a)   Subject to 2(a), delete paragraph 4.1.2. 

b)   Insert new paragraph to read:  To appoint local Business Wardens that are accredited with the Community Safety Scheme as authorised persons for the purposes of Section 63(1) of the Anti-social Behaviour Crime and Policing Act 2014.  

(4)          Part 4 (Officer Scheme of Delegation), Section 3 (Group Heads) is amended as follows: 

a)   At paragraph 3.2 (Group Head of Technical Services) insert new paragraph to read: “To issue written warnings prior to issuing Community Protection Notices, Community Protection Notices and Fixed Penalty Notices under the Anti-social Behaviour, Crime and Policing Act 2014”.  

b)   Subject to 2(a), delete paragraph 3.2.10. 

c)   At paragraph 4.2 (Group Head of Residential Services) insert new paragraph to read: “To issue written warnings prior to issuing Community Protection Notices, Community Protection Notices and Fixed Penalty Notices under the Anti-social Behaviour, Crime and Policing Act 2014”.   

d)   At paragraph 4.3 (Group Head of Neighbourhood Services) insert new paragraph to read: “To issue written warnings prior to issuing Community Protection Notices, Community Protection Notices and Fixed Penalty Notices under the Anti-social Behaviour, Crime and Policing Act 2014”.  

(5)          The Monitoring Officer is authorised to make further consequential changes to the Constitution arising from the implementation of recommendations 1 – 4 above.  

 

The Chairman then referred Members to the next recommendation at Minute 7 [Arun District Council’s Members’ Allowances Scheme – Guidance] and reminded Members that at the last meeting of Full Council, a new Members’ Allowances Scheme had been approved.  To meet statutory requirements, there was now a need to publish guidance on how the scheme would be administered in the Council’s Constitution at Part 9.  Councillor Mrs Gregory then seconded the recommendation.

 

The Council

 

            RESOLVED

 

That the guidance set out in the Appendices attached to these Minutes be added to Part 9 of the Constitution – Members’ Allowances.

 

The Chairman then alerted Members to the final two recommendations at Minute 8 [Constitutional Amendments – Part 5 – Rules of Procedure (Meetings) – Section 1 – Council Procedure Rules.  Councillor Mrs Yeates explained that approval was being sought to add a new Rule 14.3 to Section 7 of the Constitution in respect of Special Meetings to confer the Title of Honorary Alderman at Paragraph 4 (Special Council Meetings).  It was outlined that there was a stipulation under Section 249 of the Local Government Act 1972, that no other business shall be conducted at such meetings.  The inclusion of this new Rule would ensure just that, that Special Meetings of the Council to confer such titles would be one item meetings to allow the civic and ceremonial elements of this unique occasion to be enjoyed.

 

Having been seconded by Councillor Mrs Gregory, the Council

 

RESOLVED – That

 

(1)          Approval be given to a new Rule 4.3 being added at Part 5 of the Constitution – Rules of Procedure (Meetings) – Section 1 – Council Procedure Rules to read as set out below: 

 

 SPECIAL MEETINGS TO CONFER THE TITLE OF HONORARY ALDERMAN

 A Special meeting of the Council may be called by the Chief Executive in consultation with the Chairman of the Council and Political Group Leaders to consider conferring the title of Honorary Alderman on a former Councillor who meets the Council’s agreed protocol.

           At such meetings, the business to be followed will be:

(1)          Election of Chairman/Vice-Chairman [if not present]

(2)          Declarations of Interest

(3)          Conferment of the title of Honorary Alderman

As required by Section 249 of the Local Government Act 1972, no other business shall be conducted at such a meeting. 

(2)     Agree that the Group Head of Council Advice and Monitoring Officer be authorised to make any further consequential changes to the Constitution.