To review the Council’s Financial and Contractual Procedural Rules (to follow).

The Head of Legal and Democratic Services presented a joint report from himself and the Director of Resources, on proposed revisions to Appendices 3, 4 and 5 to the Council’s Constitution.  The Appendices related to the Council’s procedure rules for its budget and policy framework, finances, and contracts.  The review had been extensive, and had incorporated the best elements of the constitutions from the four upper tier local authorities which had achieved the very best use of resources assessments in 2007. 

The review of the Constitution was a direct response to the discovery of irregularities in financial governance in the Information and Communications Technology Department, and to subsequent reports by the Director of Resources on the issues involved, and an independent review by the former Chief Executive of Buckinghamshire County Council, Mr Ian Crookall. 

The revised elements of the Constitution clearly depicted where responsibilities lay, and what the distinctions were between members and officers’ roles.  In addition to this Committee, the revisions had been considered by the Standards Committee, the Constitutional Review Working Group, Cabinet, and the Strategic Monitoring Committee.  Over the course of the review, it had become apparent that a complete review of the remainder of the Constitution, and of the Scheme of Delegation to Officers, was necessary to ensure that they reflected the changes to Appendices 3, 4 and 5, and it was anticipated that this would be completed in time for the Council meeting in May 2008. 

The Head of Legal and Democratic Services reported that training on the application of the revised procedures would be arranged for officers. 

Councillors RH Smith and ACR Chappell expressed concern that the revisions had been considered by numerous other committees and working groups, and they felt that this had made the procedure overly-complicated and difficult to track.  He suggested that the procedure for making changes to the Constitution should be reviewed and simplified.  The Head of Legal and Democratic Services said that this would be revisited as part of the review of the Constitution as a whole. 

Members also expressed concern over:

·         The need for further clarity of the respective responsibilities of Directors and Cabinet Members, which would be defined in the proposed review of the Scheme of Delegation.

·         The wider issue of the change to the deadline for deposit of formal questions to Council by Councillors.  It was felt that this might not allow Members enough time to submit questions, particularly where reports were being submitted late and sent out “to follow”.  The Committee was assured that the issue of late reports was being addressed. 

·         Councillor AM Toon reminded the Committee that she had requested a review of Appendix 7 of the Constitution, via Council.  The Chief Executive said that he would look into this and deal with it separately. 

In conclusion, Members did not wish to hold up approval of the revised appendices at this stage, and therefore approved the recommendations on the understanding that the points made above would be dealt with as part of the recommended review of the Constitution. 

RESOLVED:   that it be recommended to Council that

(i)                 the revised Appendices 3, 4 and 5 of the Constitution (Budget and Policy Framework Procedure Rules, Financial Procedure Rules and Contract Procedure Rules) be approved, subject to the comments made above;

(ii)               the Head of Legal and Democratic Services conducts a complete revision of the Constitution and the Scheme of Delegation to Officers for Council’s approval in May 2008; and

(iii)             the amendment to Paragraph 4.25.1 of the Constitution be endorsed.