Decision Maker: Council
Decision status: For Determination
Is Key decision?: No
Is subject to call in?: No
To propose amendments to the Constitution to
provide further delegation and clarity relating to procurement and
The Customer and Locality Services Portfolio Holder introduced the Update to the Council’s Constitution report. He informed Members that by updating the Contract Procedure Rules, the Council would have ensured that the constitution had remained dynamic and relevant as well as empowering officers to make decisions within the updated framework. The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) highlighted an additional recommendation to read as follows:-
(2) The Monitoring Officer be delegated authority to make any changes, as necessary, in consultation with the Customer and Locality Services Portfolio Holder, to the exemption and waiver rules. In addition to update the titles of Officers as required.
Having concluded the report, the Customer and Locality Services Portfolio Holder proposed the recommendations in the report alongside the additional recommendation as outlined above, and was seconded by Councillor Pye (Health, Wellbeing and Poverty Alleviation Portfolio Holder).
Members expressed concern regarding the changes set out in the report. The Legal Governance and Democracy Lead Specialist (Monitoring Officer) reassured Members by reminding them that as part of the procurement strategy, the Overview and Scrutiny Committee had not considered the update to the Contract Procedure Rules and that all decisions would be gatekept with any exemptions waivers being reported as required by the constitution to the relevant committee.
RESOLVED – That
(1) The proposed amendments to the Constitution outlined in the attached Contract Procedure Rules and highlighted in red be agreed and the Monitoring Officer be authorised to make the necessary amendments to the Council’s Constitution; and
(2) the Monitoring Officer be delegated authority to make any changes, as necessary, in consultation with the Customer and Locality Services Portfolio Holder, to the exemption and waiver rules and the titles of Officers will be updated as required.
Report author: Linda Fisher
Publication date: 06/12/2021
Date of decision: 11/11/2021
Decided at meeting: 11/11/2021 - Council