Issue - meetings

To consider variations to the constitution. (Report of the Monitoring Officer enclosed)

Consideration was given to the report of the Monitoring Officer which proposed variations to the constitution.

The Executive Manager – Governance introduced the report stating that the proposed changes to call-in for non-key Officer decisions had been considered by the Performance Monitoring Panel where they were supported.

DECISION:

1)    Call-in for Non-Key Officer Decisions - That Call-in not apply to non-Key Decisions made by officers under delegated authority, and the Constitution be amended in accordance with Appendix A;

2)    Senior Information Risk Officer (SIRO) - That the Shared Executive Manager Information be appointed the Senior Information Risk Officer, and the Constitution be amended in accordance with Appendix B

3)    Licensing functions

·         That the terms of reference of the Licensing Committee be amended to include reference to the Animal Welfare functions, and to clarify the licensing functions for which it is responsible as shown in Appendix C

·         That the terms of reference of the Licensing Panel be amended to refer specifically to Regulation 2 of the Local Authorities (Functions and Responsibilities (England) Regulations 2000 as shown in Appendix C

·         That the Monitoring Officer be authorised to amend the Constitution to include reference to any future additional licensing matters which come under the above terms of reference, subject to a report being submitted to full Council for information.

4)    Staffing Procedures / Appeals Panel and Grievance Panel

·         That paragraph 12 of the table at paragraph 15(l) of part 3 Section F be amended to that shown in Appendix D

·         That existing paragraphs 13 to 17 be deleted and the remaining section of Part 3 Section F be renumbered accordingly.

·         That the Appeals Panel and the Grievance Panel be replaced with one Appeals Panel comprising 4 members (excluding any members involved in the original decision which is subject to appeal), not appointed in accordance with the Local Government (Committees and Political Groups) Regulations 1990, with a Quorum of 3 members in accordance with standing order no. 38, and with the single term of reference detailed at Appendix D

·         The duplicate delegations in the Schedule of Delegation be deleted

To consider variations to the Constitution (report of the Monitoring Officer enclosed).

Consideration was given to the report of the Monitoring Officer which presented potential changes of the constitution to the Panel

The Executive Manager – Governance stated that the purpose of bringing the report to the Panel was largely to focus on explaining the need for Recommendation A.

The Executive Manager – Governance stated that the introduction of legislation had meant that all officer decisions required publishing even if they were not key decisions. This had meant that a large number of minor decisions were now subject to call-in. The recommendations would revert the situation to the previous stance where non-key decisions did not require a call-in.

The Panel were content with this and the remaining recommendations to Council.

AGREED:

That the following recommendations be accepted by the panel and recommended to Full Council for approval:

a)    Call-in for Non-Key Officer Decisions – That Call-in not apply to non-Key Decisions made by officers under delegated authority, and the Constitution be amended in accordance with appendix A of the report;

b)    Senior Information Risk Officer (SIRO) – That the Shared Executive Manager Information be appointed the Senior Information Risk Officer, and the Constitution be amended in accordance with Appendix B of the report.

c)    Licensing Functions

·         That the terms of reference of the Licensing Committee be amended to include reference to the Animal Welfare Functions, and to clarify the licensing functions for which it is responsible as shown in Appendix C of the report.

·         That the terms of reference of the Licensing Panel be amended to refer specifically to Regulation 2 of the of the Local Authorities (Functions and Responsibilities (England) Regulations 2000 as shown in Appendix C of the report.

·         That the Monitoring Officer be authorised to amend the Constitution to include reference to any future additional licensing matters which come under the above terms of reference, subject to a report being submitted to full Council for information.

d)    Staffing Procedures / Appeals Panel and Grievance Panel

·         That paragraph 12 of the table at paragraph 15(I) of part 3 Section F be amended to that shown in Appendix D of the report.

·         That existing Paragraphs 13 to 17 be deleted and the remaining section of Part 3 Section F  be renumbered accordingly.

·         That the Appeals Panel and the Grievance Panel be replaced with one Appeals Panel comprising 4 members (excluding any members involved in the original decision which is subject to appeal), not appointed in accordance with the Local Government (Committees and Political Groups) Regulations 1990, with a Quorum of 3 members in accordance with standing order no. 38, and with the single term of reference detailed at Appendix D of this report.

·         The duplicate delegations in the Schedule of Delegation be deleted.