Council Constitution

Part 3a - Terms of Reference and Scheme of Delegation

A. All Officers of the Senior Management Team

The following delegations apply to all Senior Management Team which includes all officers above the level of Service Unit Manager.

1. In accordance with the Council’s Constitution, the management and administration of the services for which they are responsible and the incurring of expenditure for such purposes within approved estimates and in accordance with Procurement Standing Orders and Financial Regulations. This shall include authorising the Officers of the Senior Management Team to take such action as is necessary, within approved budgets, procedures and business plans, to implement the decisions and policies of the Council, and ensure the timely progress of Service Reviews within their remit.
   
   
2. To dispose of surplus or obsolete stock and equipment at the best prices obtainable in accordance with the procedures agreed with the Borough Treasurer (per Financial Regulations 13.2 and 13.3 , Part 4(b)).
   
   
3. To serve requisitions for information as to the ownership of property under the various statutory provisions where necessary.
   
   
4. To sign and serve documents and notices on behalf of the Council.
   
   
5. To authorise staff possessing such qualifications as may be required by law or in accordance with the Council’s policy, and in accordance with the Scheme of Authorisation made in accordance with Regulation of Investigatory Powers Act 2000 to carry out surveillance, to take samples, carry out inspections, enter premises, form opinions and generally perform the functions of a duly authorised Officer of the Council (however described) under the statutory codes relating to Public Health, Mental Health, Children and Young Persons, Social Services, Housing, Education, Town Planning, Rating, Licensing, Trading Standards and Consumer Services, Highways, Building Control, Shops, Food Safety, Health and Safety at Work, and under the provisions of the Greater Manchester Act 1981, to issue any necessary Certificates of Authority. In relation to any powers delegated to the Chief Executive which require to be dealt with by a Solicitor of the Supreme Court, his/her power shall in turn be delegated to the Borough Solicitor if necessary. Surveillance shall be authorised in advance of any such activity being undertaken by the relevant Officer.
   
   
6. To apply for planning permission for proposed development to be carried out by the Council or on land owned by the Council.
   
   
7. The appointment and operational management of all categories of staff, for whom they are responsible.
   
   
8. The granting of appropriate increments in career grades and examination success schemes subject to the joint consent of the Assistant Chief Executive (People and Performance), Borough Treasurer and Borough Solicitor.
   
   
9. The granting of leave of absence without pay for periods not exceeding three months and special leave with pay on compassionate grounds.
   
   
10. The authorisation of attendance or secondment of employees on courses or seminars etc, within the approved Training Plan.
    
    
11. The authorisation of carrying forward of annual leave from one year to the next.
    
    
12. To determine an increase in fees and charges above the increases approved by the Council in the annual budget.
    
    
13. To make employing Authority determinations as required under the Local Government Pension Scheme Regulations 1997 (as amended), in respect of employees and ex employees. This will include deciding benefits due following the cessation of an employment (including deaths in Membership), and determinations in respect of deferred Members.
    
    In Consultation with:-
    
    
14. In consultation with the Borough Treasurer, Assistant Chief Executive (People and Performance) and Borough Solicitor the granting of awards to employees under the Long Service Award scheme.
    
    
15. To take disciplinary action, including dismissal, in relation to staff for whom they are responsible (or other staff), with the consent of the Assistant Chief Executive (People and Performance) and/or the Assistant Director (People and Performance) in accordance with the Council’s Disciplinary Procedure. Dismissal hearings cannot be delegated below the level of the Senior Management Team, although the dismissing Officer need not come from the same service (as the employee who is the subject of the disciplinary proceedings) and can be any Member of the Senior Management Team or the Assistant Director (People and Performance).
    
    
16. The determination of car allowances in accordance with the criteria adopted by the Council in consultation with the Assistant Chief Executive (People and Performance), Borough Solicitor and Borough Treasurer.
    
    
17. The determination of ex-gratia payments in respect of damage to, or loss of, employees’ personal property up to £200 and, in consultation with the appropriate Cabinet Deputy, for all other amounts.
    
    
18. To write off bad debts and incorrect charges to a limit of £3,000 in any one case, following consultation with the Borough Treasurer and appropriate Cabinet Deputy for all other amounts.
    
    
19. To transfer revenue budget that is within the expenditure limit between service units within their area of responsibility, having informed the Borough Treasurer before actioning this. The transfer of capital programme provision between schemes requires the approval of the Borough Treasurer.
    
    
20. To amend the numbers, duties and grades of posts within their responsibility; to change vacant or new posts, within Council policies, priorities and budgets. Such changes to be subject to the prior approval of the Assistant Chief Executive (People and Performance), Borough Solicitor and Borough Treasurer and where such approval is not forthcoming the matter shall be referred to the Chief Executive. This does not cover the regrading of existing postholders which shall be referred to the Assistant Chief Executive (People and Performance).
    
    
21. To determine applications for extensions of sick pay subject to the agreement of the Assistant Chief Executive (People and Performance), Borough Treasurer and Borough Solicitor.
    
    
22. To accept a quotation or tender which is other than the best value price or to waive procurement standing orders, subject to presenting a written report to the appropriate Cabinet Deputy, the Borough Solicitor and Borough Treasurer.
    
    
23. In consultation with the Aide de Camp, to approve the attendance of Members and Officers at conferences/seminars, which are not included in the Standing List of Conferences.
    
    
24. To determine applications for regrading of existing occupied posts following evaluation and in consultation with the Assistant Chief Executive (People and Performance), Borough Treasurer and Borough Solicitor of applications for early retirement from employees aged 50 – 64 years, and all applications involving voluntary redundancy, and payment in lieu of notice, if appropriate, in accordance with the Council’s agreed scheme, subject to having obtained approval of the Assistant Chief Executive (People and Performance), Borough Treasurer and Borough Solicitor and the annual submission of a monitoring report to the Board, with regard to early retirement, ill health retirement and voluntary redundancies.
    
    
25. To authorise covert human surveillance and other appropriate authorisations under the Regulation of Investigatory Powers Act 2000, in consultation with the Borough Solicitor.
    
    
26. To enter into compromise agreements with employees within their area or in another area (in the absence of that particular Senior Management) subject to approval of Borough Solicitor, Borough Treasurer and Assistant Chief Executive (People and Performance).