Archived decisions
HAMPSHIRE COUNTY COUNCIL
Decision Maker |
County Council Item 8b | ||||
Date of Decision |
2 April 2009 | ||||
Decision Title |
Constitutional Changes Following Retirement of Head of Corporate & Legal Services | ||||
Report From: |
Chief Executive | ||||
Contact name |
Andrew Smith | ||||
Tel |
01962 847300 |
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1. Executive Summary
1.1 The Council's Constitution assigns certain delegated responsibilities to the post of Head of Corporate & Legal Services. Following the retirement of the post holder, Jeff Pattison, with effect from 31 March 2009, it is necessary to make certain changes to the Constitution and ancillary documentation to secure continuity in the exercise of these functions. This report seeks the necessary resolution of Council to provide for this.
2. Constitutional Responsibilities
2.1 There are numerous provisions in the Council's Constitution by which responsibilities are delegated to the Head of Corporate & Legal Services. These include: authority to commence, defend and participate in legal proceedings on behalf of the Council (Part 1, Paragraph 14.3); authority to sign contracts and other documents on behalf of the Council, and to authorise other persons to do so (Part 1, Paragraph 14.4); and authority to witness the affixing of the Common Seal of the Council to contracts, and to authorise other persons to do so (Part 1, Paragraph 14.5). Other specific responsibilities of a legal nature are assigned in Contract Standing Orders, the Member and Officers' Protocol, and via committee resolutions and executive decisions.
2.2 The Constitution also designates the Head of Corporate & Legal Services as the Council's Monitoring Officer (Paragraph 12.2(c)).
3. Proposals for Transfer
3.1 Following the retirement of Jeff Pattison, and taking into account the outcomes of the corporate services review of legal services, it is proposed to transfer the responsibilities referred to in paragraph 2.1 above to the post of Head of Legal Services (Kevin Gardner). It is further proposed to transfer the responsibilities of the Council's Monitoring Officer, referred to in paragraph 2.2 above, to the post of Deputy Head of Legal Services (Barbara Beardwell). This transfer will ensure the continued exercise of these functions.
4. Recommendations
4.1 That (subject to paragraph 4.2) all references in the Council's Constitution, decisions, minutes and other documentation, to the delegation of functions to the Head of Corporate & Legal Services shall, with immediate effect, be read as referring to the delegation of the relevant function to the Head of Legal Services; and
4.2 That, with immediate effect, the Deputy Head of Legal Services be designated as the Council's Monitoring Officer; and
4.3 That the Chief Executive be authorised to make all necessary changes to the Constitution and other documentation to give effect to these decisions.
LEGAL INFORMATION:
Section 100 D - Local Government Act 1972 - background documents | |
The following documents discuss facts or matters on which this report, or an important part of it, is based and have been relied upon to a material extent in the preparation of this report. (NB: the list excludes published works and any documents which disclose exempt or confidential information as defined in the Act.) | |
Document |
Location |
None |
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IMPACT ASSESSMENTS:
1. Equalities Impact Assessment:
a) No significant impact
2. Impact on Crime and Disorder:
a) No significant impact
3. Climate Change:
a) How does what is being proposed impact on our carbon footprint / energy consumption?
· No significant impact
b) How does what is being proposed consider the need to adapt to climate change, and be resilient to its longer term impacts?
· No significant impact