Articles of the Constitution

(a) Ensuring lawfulness and financial prudence of decision making

After consulting with the Head of Paid Service and the Monitoring Officer, the Section 151 Officer will report to the Full Council and the Authority’s external auditor if he or she considers that any proposal, decision or course of action will involve incurring unlawful expenditure, or is unlawful and is likely to cause a loss or deficiency or if the Authority is about to enter an item of account unlawfully.

(b) Administration of financial affairs

The Section 151 Officer will have responsibility for the administration of the financial affairs of the Authority.

(c) Contributing to corporate management

The Section 151 Officer will contribute to the corporate management of the Authority, in particular through the provision of professional financial advice.

(d) Providing advice

The Section 151 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 Elected Members and will support and advise Elected Members and Officers in their respective roles.

(e) Give financial information

The Section 151 Officer will provide financial information to the media, members of the public and the community. 

(a) Maintaining the Constitution

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

(b) Ensuring lawfulness and fairness of decision making

After consulting with the Head of Paid Service and Section 151 Officer, the Monitoring Officer will report to the Full Council if he or she considers that any proposal, decision or omission would give rise to unlawfulness or if any decision oomission 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

(c) Supporting the Audit and Governance Committee

The Monitoring Officer will contribute to the promotion and maintenance of high standards of conduct through provision of support to the Audit and Governance Committee in the Committee’s discharge of its standards functions.

Notwithstanding any duty of confidentiality, the Monitoring Officer shall be at liberty to disclose any information relating to the Authority’s affairs, and provide copies of any records or documents belonging to the Authority, to the Audit and Governance Committee or a Sub-Committee, for the purpose of investigation and/or determination of a complaint against an Elected Member.

(d) Conducting investigations

The Monitoring Officer will conduct and undertake such investigations into matters of complaint as referred to the Monitoring Officer and make reports or recommendations in respect of them to the Audit and Governance Committee or to Full Council.

(e) Proper Officer for access to information

The Monitoring Officer will ensure that Full Council and Committee and Sub-Committee decisions, together with the reasons for those decisions and relevant Officer reports and background papers are made publicly available as soon as possible.

(f) Providing advice

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 Elected Members. Where the Monitoring Officer considers that an Elected Member(s) has acted contrary to his/her advice it is open to him/her to refer the matter to the Audit and Governance Committee as a breach of the Member Code of Conduct or issue a report to Full Council under s.5, Local Government and Housing Act 1989; or seek judicial review, as s/he considers appropriate in the circumstances.