Agenda item

(Monitoring Officer) To consider the attached report on the following:

(1)           To note the amendments in the latest Constitution Update of 18 July 2022;

(2)           To note the proposed minor amendments to the Constitution Part 4 – Financial Regulations, paragraphs A5 and 3.7;

(3)           To review the proposed amendments to remove references to the decommissioned Finance and Performance Management Cabinet Committee in the Constitution within Part 4 – Financial Regulations and Article 7 – The Executive; and

(4)           To review other ad hoc “Finance and Performance Management” references within Part 4 – Financial Regulations.

(a)           Constitution Update of 18 July 2022

The Working Group noted the latest updates to:

·       Article 10 – District Development Management and Area Plans Sub-Committees, which included the Terms of Reference for the Joint Meeting of the Development Management Chairmen and Vice-Chairmen;

·     Article 13 – Officers, appendix 1 – an updated Council structure for management and specialist levels;

·     Part 3 – Scheme of Delegation – Appendix 4 – Portfolio Holder Responsibilities, under Leader Decision LDR-001-2022/23; and

·     Part 4 – Council Procedure Rules – Rule T1, as Council meetings started at 7.00pm.

(b)           Minor amendments to Constitution, Part 4 – Financial Regulations, paragraphs A5 and 3.7

Article 4 – The Full Council, sub-paragraph 1(c) was updated in November 2021, to remove Statutory Statement of Accounts from the list of plans and strategies requiring adoption by Council. It was noted that paragraphs A5 and 3.7 of the Financial Regulations also needed to be amended to verify that Audit and Governance Committee approved the Annual Statement of Accounts.

In response to a query that members of the Audit and Governance Committee were capable of making competent decisions, the Democratic and Electoral Services Team Manager replied this was stated in the Committee’s Terms of Reference and one of the independent members used to be a Chief Finance Officer at a London borough council.

The Working Group agreed for these minor amendments to be implemented by the Monitoring Officer, N Boateng, under delegated powers allowed in the Constitution.

(c)            Finance and Performance Management Cabinet Committee (FPMCC) references proposed to be amended in the Financial Regulations and Article 7 – The Executive, Appendix 2

The Financial Regulations also contained several references to the FPMCC, which was decommissioned in March 2021, but these needed to be rectified at various parts in the Constitution as detailed in the report. The Democratic and Electoral Services Team Manager advised the Working Group that these were minor amendments that could be carried out by the Monitoring Officer under delegated powers, which was agreed.

(d)           Amendments of other ad hoc “Finance and Performance Management” references in the Financial Regulations

Reference was made to the “Finance and Performance Management Scrutiny Panel” that was decommissioned in June 2015, at Appendix B, 2.26 and should be replaced by Overview and Scrutiny Committee. Another reference to the “Finance and Performance Management Portfolio Holder” at Appendix B, 4.3, should be amended to read, “relevant Portfolio Holder”. The Democratic and Electoral Services Team Manager advised that using “relevant portfolio holder” allowed for name changes to the title of the Finance Portfolio Holder. These were amendments that the Monitoring Officer could enact under delegated powers, which was agreed by the Working Group.

            Agreed:

            (2)        That the Working Group noted the Constitution Update of 18 July 2022;

(3)       That the Working Group noted the proposed minor amendment to the Constitution under delegated powers afforded the Monitoring Officer to Part 4 (Financial Regulations), paragraphs A5 and 3.7, to change the references made from “Council” to “Audit and Governance Committee”, which was responsible for approving the Annual Statement of Accounts;

(4)       That the Working Group noted the proposed minor amendments to the Constitution under delegated powers afforded the Monitoring Officer to remove references to the decommissioned Finance and Performance Management Cabinet Committee within Part 4 (Financial Regulations) and Article 7 (The Executive); and

(5)       That the Working Group noted the proposed amendments to the Constitution under delegated powers afforded the Monitoring Officer to other ad hoc “Finance and Performance Management” references within Part 4 – Financial Regulations.