Issue - meetings


Meeting: 05/11/2020 - Council (Item 85)

85 Appointment of Proper Officers, and associated amendments to the Constitution (Agenda item 10) pdf icon PDF 133 KB

Report of Councillor Sarah Suggitt, Executive Member for Governance and Mark Stinson, Executive Manager, Governance.  


Mark Stinson, Executive Manager for Governance, presented the report.


Section (a)(i) contained a list of gaps in Proper Officer appointments that had been left due to not having a Chief Executive in place. Members were therefore invited to appoint all three existing Directors, in addition to the Chief Executive, as the Proper Officers for those roles.


Section (a)(ii), (b) and (c) were minor changes to the wording of various sections of the Constitution to reflect the fact that currently and potentially in the future, the Head of Paid Service and Chief Executive roles may or may not be one of the same person.


The recommendations were proposed and seconded, and it was




(a)(i)  Proper Officers - that all Directors be appointed, in addition to the Chief Executive, as Proper Officers for the following functions in accordance with the Local Government Act 1972:


Section 13(3) - (Acting, along with the Chairman of the parish meeting, as Parish Trustee for any parish where there is no parish council)


Section 83(1)-(4) - (Witness and receipt of declaration of acceptance of office)


Section 84 - (Receipt of declaration of resignation)


Section 88 - (Convening of meeting of the Council to fill vacancy in the office of Chairman of the Council)


Section 210(6) and (7) (Charity functions of holders of offices with previous authorities transferred to Proper Officer, if no equivalent officer)


Any reference to any enactment passed before or during the 1971-72 session of Parliament other than the Local Government Act 1972 or in any instrument made before 26 October,1972 to the Clerk of the Council which, by virtue of any provisions of the said Act, is to be construed as a reference to the Proper Officer of the Council.


(a)(ii) Proper Officers - that paragraph 3 of Part 3 Section F2 (Delegations to Chief Executive) of the Constitution be amended to read as follows:


"3.0 to be (along with any other officers duly appointed to act as Proper Officer, which appointments are detailed in the list of Proper Officers maintained by the Senior Legal Officer) the Proper Officer of the Council in relation to”:


(b)     Terms of reference of the Joint Appointments and Disciplinary Committee - that, arising from the resignation of the Chief Executive, the proposed amendments shown in Appendix A to the report be approved, and the Constitution be amended accordingly


(c)     Other amendments arising from the resignation of the Chief Executive - that the Constitution be amended as shown in Appendix B to the report to deal with any periods during which there is no Chief Executive in post.