To consider a range of proposed amendments to the Council’s Constitution to bring it up to date.

The Committee considered a report of the Executive Member for Corporate Resources which set out a number of proposed amendments to the Constitution.  The Committee Services Manager introduced the report, the meeting noting that the proposed amendments fell into two areas.  The first, as set out in Appendix A to the report, dealt with minor changes to the Constitution including the correction of errors and the general updating of the document.  Because of their nature the Committee could authorise the Monitoring Officer to undertake the amendments. 

A Member referred to the proposed amendment to paragraph 2.2.2.17 of Part B5 which removed the words ‘and consider’ from the wording relating to the receipt of an annual report from the Leader of the Council outlining policy priorities for the forthcoming year.  The Member stated that the proposed amendment would remove the opportunity to debate the Council’s direction of travel.  In response, however, it was stated that the annual report presented a ‘state of the nation’ paper and that other opportunities to debate the Council’s policies existed.  Further, the amendment removed any confusion by Members as to the purpose of the report.  In response to a comment by the Member regarding the absence of opportunity to formally debate policies elsewhere another member of the Committee, in his capacity as Leader, suggested that the existing item on Council agendas for Executive Members to report orally and answer questions on matters contained within their reports could be used for this purpose.  Following comment the Leader undertook to ensure that the Executive Members due to report would be identified on the agenda although he emphasised that this could be provisional and subject to change.

The meeting then considered two proposed amendments to Part H3 of the Constitution to remove the requirement to gain the prior approval of the appropriate Executive Member for determining rate relief for charitable bodies or for businesses suffering hardship.  However, Members felt that a political input should remain on these issues and the proposed amendments were rejected.

A Member gave his opinion that the correct sequence regarding the submission of the changes to the Constitution had not been followed and the process had been retrospective in nature.

The meeting turned to consider the second area of proposed changes which related to the Code of Procurement Governance (Part I3 of the Constitution) and which were reproduced in Appendix B to the report and which were introduced by the Chief Procurement Officer.  The Vice-Chairman drew the meeting’s attention to the proposed wording contained in the new Table 1 within paragraph 5.1 which set out the procurement procedure dealing with the total contract/order value above the EU threshold.  He referred to the lack of any indication in the Table of what the threshold figure was.  In response the Chief Procurement Officer explained that this figure was variable and was about to be reviewed.   The Member stated, however, that a statement providing an ‘as of’ date could be included and make clear that the figure was subject to change.  The meeting indicated its support for this amendment.

The Member next queried the wording contained in the same part of the Chart which referred to the requirement for a minimum of 5 suppliers.  The Chief Procurement Officer acknowledged that the number of suppliers stated was not a statutory requirement but a preferred figure and the wording would be amended to reflect this.

Turning next to paragraph 5.4 the Member sought clarification as to why £20k had been chosen as the figure above which every contract would be recorded in the Council’s Register of Contracts.  In response the Chief Procurement Officer explained that the figure had been chosen because quotations and tenders over this figure required the use of the Council’s electronic tendering system and so recording was a straightforward procedure.  Members felt that paragraph 5.4 should be amended to include a reference as to the why the threshold figure had been chosen.

RESOLVED

that the Monitoring Officer be authorised to amend the Council’s Constitution as set out in Appendix A to the report of the Executive Member for Corporate Services, subject to the amendments outlined in the preamble above.

RECOMMENDED TO COUNCIL

that the proposed amendments to Part I3 the Council’s Constitution, as set out in Appendix B to these minutes, be approved.