To approve the Scheme of Delegation.

Alan McLaughlin, Assistant Chief Executive Legal and Democratic, presented a report on a revised Scheme of Delegation for consideration and approval by the Committee.  The document under consideration (attached as Appendix 1 to the report) incorporated the comments agreed by the Committee at the meeting held on 21 December 2007, together with the amendments received from the Constitutional Review Working Group at their meeting in 16 April 2008.  In addition, the revised Scheme of Delegation incorporated the new senior management team arrangements.  Members were informed that the Scheme of Delegation was to be considered by the Joint Management Team on 7 July 2008.

Councillor R H Smith advised the Committee that the Scheme of Delegation had been scheduled for consideration at the meeting held on 20 June 2008, however the report had been withdrawn in order to allow for further considered work to be undertaken which took account of substantive comments received from the Chairman and Vice Chairman.  The Vice Chairman informed the Committee that he had taken exception to parts of the original report and the Scheme of Delegation which he considered not to be acceptable and advised Members that the original document made available for comparison purposes did not reflect the accurate starting position.

In commenting on the report and appendix on the agenda, Councillor R H Smith suggested the following amendments for consideration:

(i)                  Page 25, paragraph 12.4.7: ‘..the Cabinet Member shall concur to sign..’, to provide the Cabinet Member with an option not currently given under the existing wording of, ‘..the Cabinet Member must sign..’

(ii)                Page 39, paragraph 12.14.11: The word ‘all’ to be included to read; ’‘..funding implications are factored into all decisions from the outset.’  

In addition, Councillor RH Smith raised the following items for consideration:

(iii)               Page 33, paragraph 12.7.40: That Members be provided with the list of preferred Council suppliers on request.

(iv)              Page 34, paragraph 12.7.45 : Human Resources.  The Scheme of Delegation under consideration did not outline any delegated responsibilities for the Assistant Chief Executive Human Resources and Councillor RH Smith stated he did not support the Council’s current convention of authorising Members of the JMT to appoint, dismiss and discipline staff (together with other matters). 

In relation to issue (iv) above, Officers advised the Committee that all members of JMT were subject to requirements as set out in Appendix 6 of the Council’s Constitution (Appointment and Discipline of Employees) and that the Assistant Chief Executive Human Resources developed relevant corporate policy and provided advice and guidance as required.  Members were also reminded that the views of JMT would be sought at their meeting on 7 July 2008 and any substantive amendments considered by the Chairman and Vice-Chair of the Audit and Corporate Governance Committee.

RESOLVED that:

(a)   the Committee comment on and approve in principle the revised Scheme of Delegation attached as Appendix 1, subject to the inclusion of amendments outlined in (i) and (ii) above.  It was further agreed that paragraph 12.7.45 be revised to read; ‘Subject to Appendix 6 of the Council’s Constitution, all members of JMT are authorised to ..’

(b)  Members noted that the Scheme of Delegation (Appendix 1) would be considered by the Joint Management Team on 7 July 2008.  Approval was sought that, should the comments from JMT require substantial (non technical changes) to the revised Scheme of Delegation, the Chairman and Vice-Chairman pf Audit and Corporate Governance be informed and their approval sought for ratification of such changes prior to formal adoption by Council on 25 July 2008.