Decision

Cabinet RESOLVED
to agree the Statutory
Officer’s Recommendations as follows: 

The Statutory Officers jointly
recommend that the following actions are taken by the
Council as a result of their findings in order to minimise the risk of future unlawful practices
of this nature arising:  

1. Members note the detail of this
report and carefully consider its contents. 

2. That the Director of Corporate
Services (Section 151 Officer) and the Director of Legal and
Governance (Monitoring Officer) conduct a comprehensive review of
all processes relating to the exercise of Officer delegations as
they relate to property transactions.  

3. That the Monitoring Officer
take the necessary steps to seek approval to the following proposed
amendments to the constitution:  

a. The inclusion of a specific
provision relating to Community Asset Transfers with the direction
that all disposals of such nature are by way of Cabinet approval
only and that this cannot be delegated.  

b. Officer delegations are amended
to expressly bring them in line with Financial
Regulations insofar as they relate to the disposal of property by
Community Asset Transfer or at an undervalue.  

4. That an external provider is
engaged to deliver additional training to Officers and Members in relation
to the Council’s statutory duty to achieve Best
Consideration.  

5. That the Council adopt and
thereafter adhere to a statutory officer and Monitoring Officer
protocol largely in the form of the Lawyers in Local Government
model protocol set out at Appendix 3 of this
report. 

6. That the Monitoring Officer
continues to explore all feasible avenues of legal redress in relation to the
unlawful disposal of the JMC.  

7. That the ongoing criminal
investigation is noted and it is agreed that the Council will
continue to provide appropriate and lawful assistance to the Police in relation to that
investigation.  

8. That the Monitoring Officer
conduct a comprehensive review of all relevant policies, procedures
and relevant aspects of the constitution and thereafter take the
necessary steps to seek to implement any proposed
alterations.