Agenda, decisions and minutes

Governance and Audit Committee
Thursday, 19th April, 2018 10.00 am

Venue: Committee Room 3 - City Hall, Bradford. View directions

Contact: Fatima Butt - 01274 432227 

Items
No. Item

55.

DISCLOSURES OF INTEREST

(Members Code of Conduct - Part 4A of the Constitution)

 

To receive disclosures of interests from members and co-opted members on matters to be considered at the meeting. The disclosure must include the nature of the interest.

 

An interest must also be disclosed in the meeting when it becomes apparent to the member during the meeting.

 

Notes:

 

(1)       Members may remain in the meeting and take part fully in discussion and voting unless the interest is a disclosable pecuniary interest or an interest which the Member feels would call into question their compliance with the wider principles set out in the Code of Conduct.  Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

 

(2)       Members in arrears of Council Tax by more than two months must not vote in decisions on, or which might affect, budget calculations, and must disclose at the meeting that this restriction applies to them.  A failure to comply with these requirements is a criminal offence under section 106 of the Local Government Finance Act 1992. 

 

(3)       Members are also welcome to disclose interests which are not disclosable pecuniary interests but which they consider should be made in the interest of clarity.

 

(4)       Officers must disclose interests in accordance with Council Standing Order 44.

 

Minutes:

No disclosures of interest in matters under consideration were received.

 

 

 

56.

INSPECTION OF REPORTS AND BACKGROUND PAPERS

(Access to Information Procedure Rules – Part 3B of the Constitution)

 

Reports and background papers for agenda items may be inspected by contacting the person shown after each agenda item.  Certain reports and background papers may be restricted. 

 

Any request to remove the restriction on a report or background paper should be made to the relevant Strategic Director or Assistant Director whose name is shown on the front page of the report. 

 

If that request is refused, there is a right of appeal to this meeting. 

 

Please contact the officer shown below in advance of the meeting if you wish to appeal. 

 

(Fatima Butt - 01274 432227)

 

Minutes:

There were no appeals submitted by the public to review decisions to restrict documents.

 

57.

EXTERNAL AUDIT PROGRESS REPORT pdf icon PDF 34 KB

The External Auditor will submit Document “AI” which updates the Committee on progress with the 2017/18 External Audit  of the City of Bradford Metropolitan District Council and highlights key emerging national issues which may of interest.

 

Recommended-

 

That the External Audit Progress Report  (Document “AI”) be considered.

 

                                                            (Mark Dalton – 0113 387 8735)

Additional documents:

Minutes:

 

The External Auditor submitted Document “AI” which updated the Committee on progress with the 2017/18 External Audit of the City of Bradford Metropolitan District Council and highlighted key emerging national issues which might be of interest.

 

It was reported that at this stage of the audit there were no issues arising  or significant deficiencies in internal control that the auditors were aware of and that the planned work was on track for the year.

 

Members were informed that initial discussions had been held and an early planning meeting would be arranged with officers to discuss the approach for the work on the 2017/18 housing benefit subsidy return.

 

Resolved-

 

That the External Audit Report  (Document “AI”) was considered.

 

                                                           

58.

REVIEW OF THE COUNCILS FINANCIAL REGULATIONS/CONTRACTS STANDING ORDERS pdf icon PDF 296 KB

The Interim Strategic Director, Corporate Resources (Monitoring Officer)  will submit Document “AK” which provides Members with details of the annual review of the Financial Regulations and Contracts Standing Orders Section of the Council’s Constitution and makes recommendations for their amendment.

 

Recommended-

 

(1)     That the Committee consider the proposed amendments to the Constitution (Financial Regulations) listed in Table 1 and recommend to Council the Proposed Financial Regulations for 2018/19 contained in Appendix 1 for adoption and implementation.

 

(2)     That the Committee consider the proposed amendments to the Constitution (Contract Standing Orders) and recommend to Council the Proposed Contract Standing Orders for 2018/19 contained in Appendix 2 for adoption and implementation.

 

(3)     That the Interim Strategic Director Corporate Resources (Monitoring Officer) reports any recommendations to Council.  That the Interim Strategic Director Corporate Resources (Monitoring Officer) be granted delegated authority to implement any recommendations approved by Council and to make consequential amendments to the Constitution as a result of the recommendations approved by Council.    

 

                                                                        (Helen Keith – 01274 432730)

                                                                        (Duncan Farr – 01274 434588)

Additional documents:

Minutes:

The Interim Strategic Director, Corporate Resources (Monitoring Officer)   submitted Document “AK” which provided Members with details of the annual review of the Financial Regulations and Contracts Standing Orders Section of the Council’s Constitution and made recommendations for their amendment.

 

There was a short discussion on the role of the Investment Advisory Group.

 

A Member suggested that reference to he/she should be substituted to their throughout the report.

 

Members sought clarification in relation to paragraph 8.2 of Appendix 1 in relation to advice relating to State Aid.

 

It was emphasised by Members that for clarification purposes the definition of “Local supplier” on page 43 of Appendix 2 needed to remain as it was.

 

Members felt paragraph 22.1 of Appendix 2 (contracts where members had an interest) needed to be clearer.

 

It was suggested that paragraph 6.1.1 of Appendix 2 needed to be in line with the wording in table 2 of Document “AK”.

 

Resolved-

 

(1)     That the proposed amendments to the Constitution (Financial Regulations) detailed in Appendix 1 of Document “AK” be recommended to Council  for adoption and implementation subject to the changes made at the meeting.

 

(2)     That the proposed amendments to the Constitution (Contract Standing Orders) detailed in Appendix 2 of Document “AK” be recommended to Council for adoption and implementation subject to the following changes:

 

·         The definition of “Local supplier” on page 43 of Appendix 2 to remain as it is

·         Paragraph 6.1.1 of Appendix 2 to read “seek written quotations by selecting suppliers registered on YORtender and inviting 4 local suppliers where there is a local supply base available”

·         Paragraph 22.1 of Appendix 2 to read “Members shall ensure that all procurement activity which is undertaken has regard to high standards of probity and in a manner which avoids any conflict of interest. The Members’ Code of Conduct must be followed at all times”

 

 

 

 

 

 

(3)     That the Interim Strategic Director Corporate Resources (Monitoring Officer) be granted delegated authority to implement any recommendations approved by Council and to make consequential amendments to the Constitution as a result of the recommendations approved by Council.    

 

Action:           Interim City Solicitor/Strategic Director Corporate Resources

 

                                                           

59.

INTERNAL AUDIT PEER REVIEW REPORT pdf icon PDF 177 KB

The Assistant Director Finance and Procurement will submit Document “AJ” which provides an update on the actions being taken to address the recommendations of the Internal Audit Peer Review reported to the Committee in March 2018.

 

Recommended-

 

That the latest update on progress against the key recommendations of the peer review be noted and that further written updates be submitted to the Committee in July, September and November 2018.

 

                                                            (Andrew Crookham – 01274 433656)

Minutes:

The Assistant Director Finance and Procurement submitted Document “AJ” which provided an update on the actions being taken to address the recommendations of the Internal Audit Peer Review reported to the Committee in March 2018.

 

In response to a Member’s question it was reported that the Audit Team had a number of experienced team Members; the proposal was to recruit  experienced auditors to the vacancies but if the applicants did not have the required skills the Service would need to look at how the skills of existing staff were developed; the service would be more robust on the development of staff.

 

The Chair commended the progress being made against the recommendations of the Internal Audit Peer Review Report.

 

Resolved-

 

That the latest update on progress against the key recommendations of the peer review be noted and that further written updates be submitted to the Committee in July, September and November 2018.

 

Action:           Assistant Director, Finance and Procurement

 

                                                           

 

 

 

60.

REVIEW OF THE CONSTITUTION pdf icon PDF 249 KB

The Interim City Solicitor will submit Document “AL” which provides Members with details of proposed amendments to the Constitution for recommendation to Council.

 

Recommended-

 

(1)       That the proposed amendments to the Constitution set out in Appendices 1 to 5 of Document “AL” be recommended to Council for adoption and implementation.

 

(2)       That the Interim City Solicitor reports any recommendations to Council and ensures any agreed amendments are implemented.

 

(3)       That the Interim City Solicitor be granted authority to make any consequential amendments to the Constitution as a result of any recommendations approved by Council.

 

                                                                        (Joanne Gleeson – 01274 432878)

 

Minutes:

The Interim City Solicitor submitted Document “AL” which provided Members with details of proposed amendments to the Constitution for recommendation to Council.

 

Members felt that the proposed addition of the new wording at 6.7.1 to Appendix 3 was not appropriate as it would exempt a number of Members  from being able to serve on an Overview and Scrutiny Committee and it should be left to individual Members to decide if they had an interest in an item.

 

The interim City Solicitor reported two additional changes made at the Health and Wellbeing Board to its Terms of Reference.

 

Resolved-

 

(1)  That the proposed amendments to the Constitution set out in Appendices 1 to 5 of Document “AL” be recommended to Council for adoption and implementation subject to the following changes:

 

·         The proposed addition of new wording at 6.7.1 be removed from Appendix 3

·         The composition of the Health and Wellbeing Board at Appendix 5 be amended to read at (o) The Chief Executive of Bradford District Care NHS Foundation Trust and at (p) One Member from the GP Community.

 

(2)       That the Interim City Solicitor reports any recommendations to Council and ensures any agreed amendments are implemented.

 

(3)          That the Interim City Solicitor be granted authority to make any consequential amendments to the Constitution as a result of any recommendations approved by Council.

 

Action:           Interim City Solicitor