Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report

Decision Maker

County Council

Date of Decision

16 July 2009

Decision Title

Constitutional Changes - Executive Arrangements, and Review of Constitution

Report From:

Chief Executive

Contact name

Kevin Gardner, Head of Legal Services

Barbara Beardwell, Monitoring Officer

Tel

01962 847381

Email

[email protected]

1. Executive Summary

1.1 This report sets out some changes to the Council's Constitution, which Council is asked to approve. The changes reflect developments in the allocation of responsibility for executive functions - in particular, the creation of the Hampshire Economic Board and the Efficiency Panel.

1.2 This report also seeks members approval to carry out a review of the Council's Constitution.

2. Responsibility for Allocation of Executive Functions

2.1 Responsibility for Executive functions (portfolios) is set out in Part 2 Chapter 1 Paragraph 3 of the Council's Constitution. Part 3:C of the Constitution (Executive Procedures) provides, at Paragraph 1.2, that the allocation of these responsibilities may be varied by the Leader at his or her complete discretion, to aid the more effective discharge of Executive business. Any changes are to be effected by the Chief Executive and reported to the next meeting of the Cabinet and then Council. The proposals giving rise to the changes were considered and approved by Cabinet on 27th April 2009. Council is now asked to approve the consequential changes to the Constitution.

3. Hampshire Economic Board

    Cabinet agreed on 27th April 2009 that, following the County Council elections, a new Members' Board be established as the Hampshire Economic Board, to focus on strategic objectives for economic development, as follows:

      · The preparation of an annual economic plan for the County area

      · Undertaking a systematic economic assessment for the area

      · The development of effective partnerships with the relevant agencies and other organisations involved in economic activity in Hampshire

      · Aligning public sector resources within the County and beyond to support economic activity

      · Ensuring adequate and effective collaboration with other public sector organisations and partnerships within the area

      · Working with existing sub-regional and regional partnerships and agencies in the interest of the County area

      · With the Executive Member for Environment, developing a vision for transport, planning and delivery

      · With the Executive Member for Rural Affairs, Human Resources and Skills Development, developing training and apprenticeship opportunities

      · With the Executive Member for Children's Services, developing appropriate skills and commissioning strategies for the County area

      · The development of funding mechanisms and budgets to promote economic regeneration within the County area.

      · Skills development external to the Council's directly employed workforce

.
The mechanism recognises that certain Executive Members (and departments) would have parts to play because of their functions. The Board would comprise six members of the Executive, as follows: the Leader (Chairman), Deputy Leader, Executive Member for Economic Development, Executive Member for Children's Services, Executive Member for Environment, and Executive Member for Rural Affairs, Human Resources and Skills Development.

4. Efficiency Panel

    Cabinet noted on 27th April 2009 that, following the County Council elections, a new Members' Panel for Efficiency would be established. The Panel's responsibilities will be to:

      · Consider and approve the Council's annual efficiency plans

      · Develop a programme of efficiency work

      · Be responsible for a systematic review of efficiency proposals

      · Develop initiatives to embed and develop value for money

      · Specifically review and recommend to Cabinet initiatives to:-

      · Develop efficiencies from procurement and commissioning, and

      · Develop efficiency reviews consistent to the Council's with medium term financial strategy.

    The Efficiency Panel would comprise three members of the Executive, appointed by the Leader. One of the three members would be appointed by the Leader as Chairman.

5. Membership and Legal Status

5.1 Both the Hampshire Economic Board and the Efficiency Panel are established as committees of the Executive. They each therefore have responsibility to discharge executive functions within their remit.

6. Constitutional Changes

6.1 It is intended that a revised form of Part 2 Chapter 1 Paragraph 3 of the Council's Constitution, incorporating the above changes, and other minor consequential adjustments to portfolios, will be considered by Cabinet on 27th July 2009, and reported to Council in September.

6.2 The revisions will include the deletion of the executive portfolio for Children and Families, as these responsibilities are now included in that of Executive Lead Member for Children's Services. The Executive Member intends to appoint two member assistants to support him in his role, but as these will not be decision making roles, or members of the Executive, no constitutional change in this respect is required.

7. Review of Constitution

7.1 As a consequence of operating executive arrangements the County Council is required, in accordance with Section 37 of the Local Government Act 2000, to prepare, keep up to date, and publicise a Constitution. The Council's Constitution was adopted in March 2001, and has been updated from time to time as a result of changes in the law and the Council's own procedural requirements. However, it is considered appropriate as a matter of good governance, that there should be a review of the Council's Constitution to ensure best practice and continued fitness for purpose, and to ensure this meets operational needs. For the same reasons, it is also considered that there should be an annual review of the Constitution as part of Council's Corporate Governance arrangements.

8. Recommendation

8.1 That the amendments to the Constitution set out in the report are approved.

8.2 That the Chief Executive in consultation with the Monitoring Officer carry out a review of the Council's Constitution, and that a review of the Council's Constitution is carried out by the Monitoring Officer on an annual basis.

    CORPORATE OR LEGAL INFORMATION:

LINKS TO THE CORPORATE STRATEGY

This proposal does not link to the Corporate Strategy but requires a decision that the Council's governance and decision making arrangements remain effective

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

 
   
   
   

IMPACT ASSESSMENTS:

1. Equalities Impact Assessment:

No significant impact

2. Impact on Crime and Disorder:
No significant impact

3. Climate Change:

    a) How does what is being proposed impact on our carbon footprint / energy consumption?

    b) How does what is being proposed consider the need to adapt to climate change, and be resilient to its longer term impacts?

      · The need to address these matters will be central to the deliberations of both the Hampshire Economic Board and the Efficiency Panel