PURPOSE OF REPORT

1. To advise Members on the requirements of the statutory posts of Monitoring Officer and Treasurer and to seek approval to enter into a competitive process for the appointment thereof with effect from 1 April 2022.

EXECUTIVE SUMMARY

2. The roles of Monitoring Officer and Treasurer are statutory posts which must be held by named individuals with the relevant knowledge, skills and experience. The posts will become vacant from 31 March 2022 and it is recommended that a competitive appointment process is undertaken.

3. Under the terms of the Authority’s constitution, the appointment process should be overseen by a committee established for that purpose. The appointment will be subject to approval by the full Authority following the recommendation of that committee.

RECOMMENDATIONS

4. That members note the requirement for the Authority to appoint to the statutory roles of Treasurer and Monitoring Officer and approve the commencement of a competitive process for the appointment thereof with effect from 1 April 2022.

BACKGROUND

5. The statutory role of Monitoring Officer was established by the Local Government and Housing Act 1989 as amended by Schedule 5 of the Local Government Act 2000. The Monitoring Officer is required to provide advice and guidance to the Authority in respect of matters of law and administration.

6. The statutory role of Treasurer was established by the Local Government Act 1972. This requires that every authority makes arrangements for the proper administration of its financial affairs and that responsibility is vested with one individual, the responsible finance officer.

7. The requirement to appoint to these statutory roles is recognised within the Authority’s Constitution and Article 7 includes the designated posts of Monitoring Officer and Treasurer. Given the statutory nature of these roles there is a requirement for them to be held by a named officer.

8. The relevant section from the Constitution is replicated in Appendix A for ease of reference to confirm the scope and functions of these posts.

9. The services of the current Monitoring Officer are procured from Flintshire County Council and the role is fulfilled by a named officer, its Chief Executive, Colin Everett. Following a competitive process, the current contract was let from 1 April 2019 and expires on 31 March 2022. Although there is an option to extend for a period of up to two years, with the departure of Colin Everett, it would be prudent to prepare for a formal appointment process to be completed before the end of the financial year. The current contract includes provision for a deputy Monitoring Officer and these services are provided by Gareth Owens, Monitoring Officer of Flintshire County Council. The intention is to request that Gareth Owens continues to undertake the responsibilities of the Monitoring Officer until 1 April 2022.

10. The current Treasurer is Mr Ken Finch who has held this position since the inception of the Authority in 1996. Mr Finch has discussed the contract with the new Chief Fire Officer and, due to other commitments, it is becoming more difficult for him to provide the appropriate level of support to the Authority. After 25 years of providing the role of Treasurer, Mr Finch has confirmed his intention to step down towards the end of the year.

INFORMATION

11. The roles of Monitoring Officer and Treasurer require specific knowledge of local authority arrangements including constitutional matters, governance, statutes, regulations and relevant codes. The appointment process should allow for full consideration of these technical aspects when awarding the contracts.

12. The Authority’s Constitution requires adherence to public sector principles of openness and transparency and the appointment to these posts must be advertised in such a way as to bring them to the attention of those who may be qualified to fulfil them. It will be necessary to undertake a formal appointment process to ensure transparency, fairness and value for money. Further advice and guidance from the Authority’s advisors will be sought during the appointment process itself.

13. In accordance with the requirements of the Constitution, the appointment will be overseen by an appointment committee and subject to the approval of the full Fire and Rescue Authority.

IMPLICATIONS

Well-being Objectives Robust governance arrangements are a key factor in ensuring that the Authority functions in accordance with its well-being objectives.
Budget These are statutory roles for which budget provision has been made.
Legal The appointment of a Monitoring Officer and a Treasurer is a statutory requirement.
Staffing No impact identified.
Equalities/Human Rights/Welsh Language The appointment process will give due consideration to compliance with these aspects.
Risks Failure to appoint would result in the Authority not discharging its statutory responsibility and expose it to legal challenge and reputational risk.

Appendix A

7. Officers

7.1. Management structure

(a) The Authority shall engage such people (referred to as officers) as it considers necessary to carry out its functions. Officers may be authorised either by the Authority or a Committee to take decisions. The scope of these delegated powers is set out in the general Scheme of Delegation in Part 3 of this Constitution.

(b) Although there is no legal requirement for the Authority to appoint a Head of the Paid Service, the Authority has chosen to do so as a matter of good practice. The Head of the Paid Service will determine the overall departmental structure and deployment of staff.

(c) Head of the Paid Service, Monitoring Officer and Chief Financial Officer.

The Authority will designate the following posts as shown:

POST DESIGNATION
Chief Fire Officer/Chief Executive Head of the Paid Service Section 151 Officer/Treasurer Treasurer
Clerk Monitoring Officer

7.2. Functions of the Head of the Paid Service

(a) Discharge of functions by the Authority

The Head of the Paid Service will report to the Authority on the manner in which the discharge of the Authority’s functions are co-ordinated.

(b) Restrictions on functions

The Head of the Paid Service may not be the Monitoring Officer but may hold the post of Treasurer if a qualified accountant.

7.3. Functions of the Monitoring Officer

(a) Maintaining and reviewing 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 Members, staff and the public. He/she will keep the constitution under review in accordance with Article 11 below.

(b) Ensuring lawfulness and fairness of decision making

After consulting with the Head of the Paid Service and Treasurer, the Monitoring Officer will report to the Authority if he or she considers 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.

(c) Ethical Standards

The Monitoring Officer will contribute to the promotion and maintenance of high standards of conduct through:
(i) provision of training to Members
(ii) receiving, acting upon and where appropriate investigating complaints of alleged breaches of the Code of Conduct in accordance with the Arrangements for Code of Conduct Investigations and Decision; and
(iii) provision of advice and support to the Audit and Standards Committee.

(d) Proper officer for access to information

The Monitoring Officer will ensure that decisions of the Authority and its committees and relevant officer reports and background papers are made publicly available as soon as possible.

(e) Providing advice

The Monitoring Officer will provide advice on the scope of the Authority’s powers, maladministration, financial propriety, the Codes of Conduct, Standing Orders and the protocols to all Members and will advise and support Members and officers in their respective roles.

(f) Restrictions on posts

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

7.4. Functions of the Treasurer

(a) Ensuring lawfulness and financial prudence of decision making

After consulting with the Head of the Paid Service and the Monitoring Officer, the Treasurer will report to the Authority 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 Treasurer will have responsibility for the administration of the financial affairs of the Authority.

(c) Providing advice

The Treasurer will provide advice on financial impropriety, probity and budget and policy framework to all and will support and advise councillors and officers in their respective roles.

7.5. Conduct

(a) Officers will comply with the Protocol on Officer/Member relations set out in Part 5 of this Constitution.

(b) The Monitoring Officer shall record in a book to be kept for the purpose particulars of any notice given by an Officer of the Authority under Section 117 of the Local Government Act 1972, of a pecuniary interest in a contract, or proposed contract, and the book shall be available during office hours for inspection by any Member of the Authority.

7.6. Employment

The recruitment, selection and dismissal of officers will comply with the Officer Employment Rules set out in Part 4 of this Constitution.