Meeting documents

SCC Constitution Committee
Tuesday, 11th April, 2017 10.00 am

Venue: Luttrell Room - County Hall, Taunton

Contact: Julian Gale on 01823 357628  Email: JJGale@somerseet.gov.uk

Items
No. Item

2.

Declarations of Interest

Details of all Members’ interests in District, Town and Parish Councils will be displayed in the meeting room. The Statutory Register of Member’s Interests can be inspected via the Community Governance team.

3.

Minutes from the previous meeting

The Committee is asked to confirm the minutes of the meeting held on 8 November 2016 are accurate.

4.

2016 November 8 Minutes fv pdf icon PDF 65 KB

5.

Public Question Time

The Chairman will allow members of the public to present a petition on any matter within the Committee’s remit. Questions or statements about any matter on the agenda for this meeting will be taken at the time when each matter is considered.

6.

Changes to Contract Standing Orders pdf icon PDF 92 KB

To consider a report by Carly Wedderburn, Strategic Manager (People and Place) – attached

Additional documents:

Decision:

(A)       Subject to (B) below, the Constitution Committee RESOLVED to endorse the proposed refreshed Contract Procedure Rules and Standing Orders (as detailed in Appendix 1), which have been set out with the purpose of:

 

1.    restructuring the Rules to be more reader-friendly and adjusting the content to provide greater clarity for officers;

2.    introducing a more collaborative approach between commissioners and the Commercial and Procurement Team, which has resulted in a re-written set of procedures;

3.    providing greater clarity around the definition of an exemption from the Rules versus a waiver and a more streamlined process for lower value waivers;

4.    introducing a more robust approach where there is a breach of the Rules;

5.    raising the thresholds but having a tighter grip on the processes that must be followed at the various financial levels;

6.    ensuring the content follows the most contemporary developments in procurement and contract management best practice and legislation;

7.    taking a more comprehensive approach to the various stages of the procurement and commissioning cycle, including providing advice to officers in relation to pre-procurement and contract management activities; and

8.    providing clarity to officers on issues related to procurement, but not previously given coverage.

 

(B)       (A) above is subject to officers bringing forward for approval of the Committee members by email, a revised form of wording for paragraph 44.3 of the draft CSOs, to include a more appropriate provision for the signing of contracts by officers in line with the current CSO provisions.

 

(C)       Subject to any further amendment required in line with (B) above, that the Constitution Committee RECOMMENDS Full Council that the Rules as amended in Appendix 1 and summarised in Annexe 1 below are formally adopted into the Constitution by Full Council on 24 May 2017.

 

(D)       That Full Council is further RECOMMENDED  to ask the Constitution Committee to review the operation of the new CSOs in 12 months’ time so that any necessary amendments can be brought to Council as part of the annual review of the Constitution in May 2018.

7.

Review of the Constitution pdf icon PDF 93 KB

To consider a report by Julian Gale, Strategic Manager – Governance & Risk – attached.

Decision:

The Committee RESOLVED to:

a)        RECOMMEND that the annual report of the Avon & Somerset Police and Crime Panel should be made to Cabinet and then to Full Council at the appropriate time.

b)        RECOMMEND to the new Council in May 2017 the amalgamation of the Constitution and Standards Committees to form a single Constitution and Standards Committee with the following principles to be applied:

           That political proportionality should not be applied to the membership on the basis that decisions of the Committee are referred automatically to Council for approval where unanimity cannot be achieved at the Committee.

           That membership of the Committee should include the current co-opted (non-voting) members of the Standards Committee.

           That the Chairman of the Committee should continue to be appointed by the Committee and not Full Council.

c)         Ask the officers to consider the provision of appropriate training to members of the Adults & Health Scrutiny Committee to enable members to scrutinise public health matters accordingly.

8.

Any other urgent items of business

The Chairman may raise any items of urgent business.

Decision:

The Committee RESOLVED to authorise the signing of these minutes by the Chairman following circulation to the members present to confirm accuracy.