9. Officers

Go back to the main Constitution page.

9.1

Council officers comprise administrative, professional, technical and operational employees whose role is to advise the whole of the Council on all aspects of its functions, to put into effect decisions which are taken, and to provide to the public the services for which the Council is responsible.

In this section:

Management Structure

9.2

Officers are grouped as set out below.

9.3

Certain officers are statutory appointees, in particular:

Top of Page

Head of Paid Service

9.4

The Chief Executive is the Council's Head of Paid Service. The Head of the Paid Service reports to Full Council on the manner in which the discharge of the Council’s functions is co-ordinated, the number and grade of officers required for the discharge of functions, and the organisation of officers.

9.5

The Head of the Paid Service cannot be the Chief Finance Officer or the Monitoring Officer.

Top of Page

Monitoring Officer

9.6

The Director of Law and Governance is the Council’s Monitoring Officer. The Monitoring Officer is responsible for ensuring that the decisions and actions of the Council are lawful and in accordance with the adopted policy frameworks.

9.7

The Monitoring Officer will maintain an up-to-date version of the Constitution and will ensure that it is widely available for consultation by members, officers and the public.

9.8

After consulting with the Head of the Paid Service and the Chief Finance Officer, the Monitoring Officer will report to Full Council, or to the Executive in relation to an Executive function, if they consider that any proposal, decision or omission would give rise to unlawfulness or if any decision or omission has given rise to maladministration. Such a report will have the effect of stopping the proposal or decision being implemented until the report has been considered.

9.9

The Monitoring Officer will not have a duty to prepare a report with regard to maladministration and injustice unless a Local Government and Social Care Ombudsman has conducted an investigation (as provided for in Part III of the Local Government Act 1974) in relation to that proposal, decision or omission.

9.10

When the report is completed, the Monitoring Officer will ensure that a copy is sent to each Council Member.

9.11

Within 21 days of receiving the report, it must be considered at a meeting of the Full Council or the Executive, as appropriate. The Council or the Executive must also ensure that no further action is taken in respect of the proposal or decision until the report has been considered.

9.12

As soon as practicable after Full Council or the Executive have considered the Monitoring Officer’s report, it shall prepare a report (and arrange for a copy of that report to be circulated to all Council Members and the Monitoring Officer) that will include:

9.13

What action the Council or the Executive has taken, or proposes to take, in response to the report and when it proposes to take that action; and

9.14

The reasons for taking that action or the reasons for not taking any action.

9.15

The Monitoring Officer will contribute to the promotion and maintenance of high standards of conduct through provision of support to the Conduct Committee.

9.16

The Monitoring Officer will arrange for the conduct of investigations into Member Code of Conduct complaints and make reports or recommendations in respect of them to the Conduct Committee.

9.17

The Monitoring Officer will ensure that decisions of the Executive, together with the reasons for those decisions and relevant officer reports and background papers, are made publicly available as soon as possible.

9.18

The Monitoring Officer will advise whether decisions of the Executive are in accordance with the Budget and Policy Framework.

9.19

The Monitoring Officer will ensure appropriate governance is in place for Council-owned companies and joint ventures.

9.20

The Monitoring Officer will provide advice on the scope of powers and authority to take decisions, maladministration, financial impropriety, probity, and Budget and Policy Framework issues to all councillors.

9.21

The Monitoring Officer will perform these duties personally. If the Monitoring Officer cannot carry out these duties owing to illness or absence, a member of staff who has been nominated as the Deputy Monitoring Officer will perform the required duties.

9.22

The Monitoring Officer cannot be the Chief Finance Officer or the Head of the Paid Service.

Top of Page

Chief Finance Officer

9.23

The Executive Director of Resources is the Council’s Chief Finance Officer (Section 151 Officer). The Chief Finance Officer is responsible for ensuring the proper administration of the Council’s financial affairs and that actions and decisions are in accordance with the Council’s budget.

9.24

After consulting with the Head of Paid Service and the Monitoring Officer, the Chief Finance Officer will report to Full Council, or to the Executive in relation to an Executive function, and the Council’s external auditor if they consider that any proposal, decision or course of action:

a) Will involve incurring unlawful expenditure;

b) Is unlawful and is likely to cause a loss or deficiency; or

c) If the Council is about to enter an item of account unlawfully.

d) The Chief Finance Officer shall send a copy of their report to:

e) The current auditor of the Council’s accounts; and

f) Each Member of the Council.

9.25

Unlawful expenditure by Cabinet

a) The Cabinet must consider the report of the Chief Finance Officer at a meeting, held on or within 21 days from the day that the copies of the report are sent, where it will decide whether it agrees or disagrees with the views contained in the report. The Cabinet must also decide what action will be taken.

b) The course of conduct that is the subject of the report shall not be pursued during the “prohibition period”. The “prohibition period” begins on the day that copies of the report are sent and ends on the first working day after the Cabinet has concluded its consideration of the report.

c) If the Cabinet does pursue the course of conduct (i.e. makes a payment) that is the subject of the report during the "prohibition period", it shall be considered that the Cabinet did not have the power to make this payment.

d) As soon as practicable after the Cabinet has considered the content of the Chief Finance Officer’s report, it shall prepare a report which specifies:

(i) What action, if any the Cabinet has taken in response to the report;

(ii) What action, if any, the Cabinet proposes to take in response to the report and when they propose to take that action; and

(iii) The reasons for taking or not taking the action specified in the report.

e) The Cabinet must, as soon as practicable, arrange for a copy of the report to be sent to:

(i) The person who has the duty to audit the council’s accounts;

(ii) Each Member of the Council; and

(iii) The Council’s Chief Finance Officer.

9.26

Unlawful expenditure by the Council, its committees, sub-committees, officers of the Council, or joint committees

a) The Council must consider the report of the Chief Finance Officer at a meeting, held on or within 21 days from the day that the copies of the report are sent, where it will decide whether it agrees or disagrees with the views contained in the report. The Council must also decide what action will be taken.

b) The course of conduct that is the subject of the report shall not be pursued during the “prohibition period”. The “prohibition period” begins on the day that copies of the report are sent and ends on the first working day after the Council has concluded its consideration of the report.

c) If the Council does pursue the course of conduct (i.e. makes a payment) that is the subject of the report during the "prohibition period", it shall be considered that the Council did not have the power to make this payment.

d) The Chief Finance Officer will, as soon as reasonably practicable, notify its auditor of the date, time and place of the proposed meeting. As soon as is reasonably practicable after the meeting, the Chief Finance Officer will notify its auditor of any decision made at the meeting.

9.27

The Chief Finance Officer will have responsibility for the administration of the financial affairs of the Council.

9.28

The Chief Finance Officer will provide advice on the scope of powers and authority to take decisions, maladministration, financial impropriety, probity and budget and Policy Framework issues to all councillors and will support and advise councillors and officers in their respective roles.

9.29

The Chief Finance Officer will provide financial information to the media, members of the public and the community.

9.30

The Chief Finance Officer cannot be the Monitoring Officer or the Head of the Paid Service.

Top of Page

Resources

9.31

The Council has a duty to provide the Monitoring Officer and Chief Finance Officer with such officers, accommodation and other resources as are, in their opinion, sufficient to allow their duties to be performed.

Top of Page

Further information

Proper Officers

View more information on proper officers.

Scheme of Delegation to Officers

View more information on the Scheme of Delegation to officers.

Code of Conduct for Employees

View more information on the Code of Conduct for employees.

Statement of Ethical Standards for Employees

View more information on the statement of ethical standards for employees.

Top of Page

Go back to the main Constitution page.