To consider the recommendations from the meetings of the Constitution Advisory Group held on 25 January 2010 and 15 February 2010 and answer questions asked under Procedure Rule No. 12.1.

 

 

Constitution Advisory Group – 25 January 2010

 

(a)    Change of Procurement Thresholds

 

The Council considered a recommendation from the meeting of the Constitution Advisory Group held on 25 January 2010 proposing changes to procurement thresholds and processes in the Code of Procurement Governance.

 

RESOLVED

 

that the procurement thresholds and processes in the Code of

Procurement Governance be amended as listed below, whilst steering officers into using both Central Bedfordshire Council’s corporate contracts and framework agreements (contracts) set up by other councils and consortia. The process to be as follows:-

 

Step 1:

 

Always use Central Bedfordshire Council corporate contracts or

Consortium framework agreements (as listed on the internet) where they already exist.  Where they do not, the following rules apply:

 

Step 2:

 

•     up to £2,000 - seek best value or two quotations

•     £2,001 to £20,000 – 3 written quotations demonstrating best value (based on price and quality)

•     £20,000 to £59,999 – 3-5 written quotations by sealed bid

•     £60,000 to EU threshold – invite 5 tenders, advertised and by

      sealed bid

•     above EU threshold (works £3,927,260, supplies and services

      £156,442) must be advertised in OJEU and 5 written tenders must be invited (mandatory new EU law).

 

 

(b)    Members’ Acceptable Use Policy

 

The Council considered a recommendation from the meeting of the Constitution Advisory Group held on 25 January 2010 that the new Members’ Acceptable Use Policy (ICT), as approved by the Executive on 13 October 2009, not be included in the Constitution but instead be maintained in the Councillors’ Guide.

 

RESOLVED

 

that the Constitution should make reference to the new Members’ Acceptable Use Policy (ICT) but the document should be maintained in the Councillors’ Guide and not the Constitution.

 

 

(c)    Delegated Authority for the Appointment of Assistant Directors

 

         The Council considered a recommendation from the meeting of the Constitution Advisory Group held on 25 January 2010 proposing an amendment to the Constitution to allow for the Head of Paid Service (or delegated Director) to appoint Assistant Directors.

 

         Members noted that this issue had been considered at a meeting of the General Purposes Committee on 10 February 2010, but that the Advisory Group stood by its original recommendation to Council. 

 

         The following amendment was proposed and seconded:-

 

“1.     that the authority to appoint posts at Assistant Director level is delegated to the Head of Paid Service together with the relevant Director, subject to recommendation 2 below;

 

2.      that the period of delegation to the Head of Paid Service and relevant Director is for no more than 6 months, or until such time as the Head of Paid Service reports to the Committee on the outcome of the Review of the Senior Management Structure, whichever is the sooner; and

 

3.      that the posts of S151 Officer and Monitoring Officer remain at Assistant Director level or above and that these appointments continue to be made by the Appointments Sub-Committee.”

 

This amendment was lost.

 

The substantive motion was then put to the vote and it was

 

RESOLVED

 

1.      that, subject to resolution 2 below, authority to appoint posts at Assistant Director level be delegated to the Head of Paid Service, together with the relevant Director and that sections E2 (8.1.1), F4 (5.1.4), H3 (3.2.1.3) and H4 of the Constitution be amended accordingly; and

 

2.      that in the event of the posts of S151 Officer and Monitoring Officer being at Assistant Director level, these will nonetheless be retained as appointments made by members of the Council.

 

 

(c)    Efficiencies – Executive Business

 

         The Council considered a recommendation from the meeting of the Constitution Advisory Group held on 25 January 2010 proposing that the minutes of the Audit Committee and Key Decisions taken by an individual Portfolio Holder, committee of the Executive or officer, should no longer be reported to meetings of the Executive.  Members noted that the minutes of the Audit Committee and notices of delegated decisions were as a matter of course published on the Council’s website. 

        

         RESOLVED

 

that Minutes of the Audit Committee and Key Decisions taken by an individual Portfolio Holder, committee of the Executive or officer, no longer be reported to meetings of the Executive, and that part C4 paragraphs 10.1.8 and 10.1.11 of the Constitution be amended accordingly.

 

 

(d)    Delegations to Officers

 

         The Council considered a recommendation from the meeting of the Constitution Advisory Group held on 25 January 2010 with regard to transferring delegations from the Director for Children, Families and Learning to the Director for Sustainable Communities.

 

RESOLVED

 

that the following delegations be transferred from the Director for Children, Families and Learning to the Director for Sustainable Communities and that Part H3 of the Constitution be amended accordingly:-

 

4.4.15	To carry out the functions of the Council in respect of public rights of way, including the exercise of the Council’s powers and duties under the Wildlife and Countryside Act 1981, the Highways Act 1980, Sections 257 and 258 of the Town and Country Planning Act 1990 (including the maintenance, protection, enforcement, extinguishments, creation, diversion and modification of public rights of way) and the making of road traffic regulation orders in respect of public rights of way.	Subject to consultation with the relevant ward Member, and subject to the Director’s power to authorise the making of orders in respect of public rights of way applying only in so far as no significant objection has been made to the application, proposal or matter concerned.
4.4.17	To carry out the functions of the Council in respect of Commons, Town and Village Greens and the countryside.	Subject to prior consultation with the Assistant Director, Legal and Democratic in so far as functions relate to enforcement action and instituting legal proceedings.

 

 

Constitution Advisory Group – 15 February 2010

 

(e)    Review of the Overview and Scrutiny Arrangements

 

         The Council considered a recommendation from the meeting of the Constitution Advisory Group held on 15 February 2010 with regard to revising the Overview and Scrutiny arrangements.

 

         RESOLVED

           

1.      to amend the Overview and Scrutiny structure to provide for four committees which mirror the Council’s organisation structure with effect from the Council’s annual meeting on 22 April 2010;

 

2.            as a consequence of recommendation 1 above, to dissolve the Business Transformation and Corporate Resources Overview and Scrutiny Committees and establish a Customer and Central Services Overview and Scrutiny Committee with terms of reference which are an amalgamation of the previous two committees;

 

3.            to authorise the Monitoring Officer in consultation with the Constitution Advisory Group to make the necessary consequential arrangements to the Constitution arising from recommendations 1 and 2 above; and

 

4.            that the Organisational Structure diagram should be removed from the Constitution and kept up to date on the Council’s website and in the Councillors’ Guide.

 

 

(f)     Scheme of Delegation to Officers

        

         The Council considered a recommendation from the meeting of the Constitution Advisory Group held on 15 February 2010 with regard to amending the Scheme of Delegation to Officers.

 

RESOLVED

 

1.      that the following upper financial limit should be imposed on the delegation set out at Section H3 paragraph 4.6.31, namely,

“to settle on appropriate terms any litigation or claim made by or against the Council”, as follows:-

 

Financial Threshold	Approval by
Up to £200,000 (ie Key Decision threshold)	Assistant Director Legal and Democratic
£200,000 - £500,000 (in line with the new delegations to individual Portfolio Holders)	Portfolio Holder for Corporate Resources, in consultation with the relevant Portfolio Holder and Assistant Director Legal and Democratic
£500,000 and above	Leader of the Council, in consultation with the Portfolio Holder for Corporate Resources, relevant Portfolio Holder and Assistant Director Legal and Democratic
(Note: Delegations to individual Portfolio Holders are subject to approval by the Leader of the Council.)

 

2.      that the Constitution be amended to provide that the delegations agreed by the Leader of the Council do not need to be reported to Executive or Council as they are advised to all Members as and when they occur.