Agenda of Council Controlled Organisations Governance and Monitoring Committee

I hereby give notice that an ordinary meeting of the Council Controlled Organisations Governance and Monitoring Committee will be held on:

Date:

Time:

Meeting Room:

Venue:

Tuesday, 6 October 2015

9.30am

Rooms 1 and 2, Level 26
135 Albert Street
Auckland

Council Controlled Organisations Governance and Monitoring Committee

OPEN AGENDA

MEMBERSHIP

Chairperson	Deputy Mayor Penny Hulse
Deputy Chairperson	Cr Calum Penrose
Members	Cr Anae Arthur Anae
	Cr Cameron Brewer
	Cr Dr Cathy Casey
	Member Precious Clark
	Cr Ross Clow
	Cr Linda Cooper, JP
	Cr Chris Darby
	Cr Denise Krum
	Cr Dick Quax
	Cr Penny Webster
	Member Glenn Wilcox
	Cr George Wood, CNZM
Ex-officio	Mayor Len Brown, JP

(Quorum 7 members)

Jaimee Maha

Democracy Advisor

29 September 2015

Contact Telephone: (09) 890 8126

Email: jaimee.maha@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

TERMS OF REFERENCE

Responsibilities

The committee will undertake the Auckland Council’s responsibilities for CCOs through:

· Setting policy relating to CCO governance

· Director appointments

· Approving SOIs

· Monitoring performance

· The committee will also have responsibility for the over sight of, and making appointments to, Council Organisations and exempt CCOs and COs

Powers

(i) All powers necessary to perform the committee’s responsibilities.

Except:

(a) powers that the Governing Body cannot delegate or has retained to itself (see Governing Body responsibilities)

(b) where the committee’s responsibility is limited to making a recommendation only

(ii) Power to establish subcommittees.

Exclusion of the public – who needs to leave the meeting

Members of the public

All members of the public must leave the meeting when the public are excluded unless a resolution is passed permitting a person to remain because their knowledge will assist the meeting.

Those who are not members of the public

General principles

· Access to confidential information is managed on a “need to know” basis where access to the information is required in order for a person to perform their role.

· Those who are not members of the meeting (see list below) must leave unless it is necessary for them to remain and hear the debate in order to perform their role.

· Those who need to be present for one confidential item can remain only for that item and must leave the room for any other confidential items.

· In any case of doubt, the ruling of the chairperson is final.

Members of the meeting

· The members of the meeting remain (all Governing Body members if the meeting is a Governing Body meeting; all members of the committee if the meeting is a committee meeting).

· However, standing orders require that a councillor who has a pecuniary conflict of interest leave the room.

· All councillors have the right to attend any meeting of a committee and councillors who are not members of a committee may remain, subject to any limitations in standing orders.

Independent Māori Statutory Board

· Members of the Independent Māori Statutory Board who are appointed members of the committee remain.

· Independent Māori Statutory Board members and staff remain if this is necessary in order for them to perform their role.

Staff

· All staff supporting the meeting (administrative, senior management) remain.

· Other staff who need to because of their role may remain.

Local Board members

· Local Board members who need to hear the matter being discussed in order to perform their role may remain. This will usually be if the matter affects, or is relevant to, a particular Local Board area.

Council Controlled Organisations

· Representatives of a Council Controlled Organisation can remain only if required to for discussion of a matter relevant to the Council Controlled Organisation.

Council Controlled Organisations Governance and Monitoring Committee

06 October 2015

ITEM TABLE OF CONTENTS PAGE

1 Apologies 7

2 Declaration of Interest 7

3 Confirmation of Minutes 7

4 Petitions 7

5 Public Input 7

6 Local Board Input 7

7 Extraordinary Business 7

8 Notices of Motion 8

9 Auckland Council Appointment and Remuneration Policy for Board Members of Council Organisations 9

10 Consideration of Extraordinary Items

PUBLIC EXCLUDED

11 Procedural Motion to Exclude the Public 17

C1 Board Appointments Tamaki Redevelopment Company Limited (TRC) - Shortlist of applicants 17

1 Apologies

Apologies from Cr D Quax and Cr GS Wood have been received.

2 Declaration of Interest

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

3 Confirmation of Minutes

That the Council Controlled Organisations Governance and Monitoring Committee:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 1 September 2015 and the extraordinary minutes of its meeting, held on Wednesday, 23 September 2015, including the confidential sections, as true and correct records.

4 Petitions

At the close of the agenda no requests to present petitions had been received.

5 Public Input

Standing Order 7.7 provides for Public Input. Applications to speak must be made to the Democracy Advisor, in writing, no later than one (1) clear working day prior to the meeting and must include the subject matter. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders. A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.

At the close of the agenda no requests for public input had been received.

6 Local Board Input

Standing Order 6.2 provides for Local Board Input. The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time. The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give one (1) day’s notice of their wish to speak. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.

This right is in addition to the right under Standing Order 6.1 to speak to matters on the agenda.

At the close of the agenda no requests for local board input had been received.

7 Extraordinary Business

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

(a) The local authority by resolution so decides; and

(b) The presiding member explains at the meeting, at a time when it is open to the public,-

(i) The reason why the item is not on the agenda; and

(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“Where an item is not on the agenda for a meeting,-

(a) That item may be discussed at that meeting if-

(i) That item is a minor matter relating to the general business of the local authority; and

(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

8 Notices of Motion

At the close of the agenda no requests for notices of motion had been received.

Council Controlled Organisations Governance and Monitoring Committee

06 October 2015

Auckland Council Appointment and Remuneration Policy for Board Members of Council Organisations

File No.: CP2015/17456

Purpose

1. To clarify the Auckland Council Appointment and Remuneration Policy for Board Members of Council Organisations.

Executive Summary

2. Revisions to the Auckland Council Appointment and Remuneration Policy for Board Members of Council Organisations have been considered by the CCO Governance and Monitoring Committee on 3 February, 14 April and 4 August 2015. Changes have been discussed within the context of the CCO Review project and the development of an overarching Governance Manual for Substantive CCOs.

3. During discussions at the 4 August 2015 committee, it was clarified that the Chair and committee members informally agreed that previous resolutions be amended as follows:

· CCO Governance and Monitoring Committee (not Chair) to nominate councillors for nomination and interview panels; and

· IMSB to nominate their representatives on all panels.

4. It is also deemed prudent to include provision for alternates, as required, to address occasional scheduling constraints.

5. The final proposed revisions to Section 4.4.2 (New Appointments), including all proposed minor edits, is provided for reference.

6. Once all changes are confirmed, the updated policy document will be available on the council website.

Recommendations

That the Council Controlled Organisations Governance and Monitoring Committee:

a) agree, pursuant to Standing Order 1.9.5, to alter Resolution No. COU/2015/6 (3 February 2015):

a) agree the proposed changes to the Board Appointment and Remuneration
policy including:

i) amending Section 4.4.2: New Appointments

1.1 a Nomination Panel, made up of the Chief Executive of Auckland Council,
Mayoral Chief of staff, Chair of the CCO, an independent human
resources advisor and an IMSB member. The CCO Governance and
Monitoring Committee will be responsible for short-listing the
candidates.

1.2 an Interview Panel, made up of the Chief Executive of Auckland Council,
two Councillors appointed by the Chair of the CCO Governance and
Monitoring Committee, Chair of the CCO, and an IMSB member of the
CCO Governance and Monitoring Committee. The Interview Panel is
responsible for interviewing up to three candidates and recommending
the preferred candidate to the CCO Governance and Monitoring
Committee for approval.

as follows:

i) agree the proposed changes to the Board Appointment and Remuneration
policy including amending Section 4.4.2: New Appointments as follows:

1.1 Nomination Panel comprised of:

· Chief Executive of Auckland Council (or representative) (ex officio)

· Mayoral Chief of staff (or representative)

· Chair of the CCO (ex officio) ~~an independent human resources advisor~~

· Councillors appointed by the CCO Governance and Monitoring Committee (up to two)

· IMSB member (nominated by the IMSB)

The CCO Governance and Monitoring Committee is ~~will be~~ responsible for approving the short-list of the candidates.

1.2 Interview Panel comprised of:

· Chief Executive of Auckland Council (or representative) (ex officio)

· Councillors appointed by the CCO Governance and Monitoring Committee (up to two)

· Chair of the CCO (ex officio)

· IMSB member (nominated by the IMSB).

The Interview Panel is responsible for interviewing up to three candidates and recommending the preferred candidate to the CCO Governance and Monitoring Committee for approval.

Consideration

Local Board views and implications

7. Setting the policy for Auckland Council’s Appointment and Remuneration Policy for Board Members of Council Organisations is the role of the governing body.

8. When board vacancies arise, the local boards are notified and able to participate in the process of nominating appropriately qualified candidates.

Māori Impact Statement

9. The IMSB representatives on the CCO Governance & Monitoring Committee have provided feedback into the amendments of the Appointment and Remuneration Policy.

10. IMSB are able to participate in the process of board appointments by providing candidates into the nomination process and through their representation on the CCO Governance and Monitoring Committee, and on the Nomination and Interview Panels.

Attachments

No.	Title	Page
a View	Section 4.4.2 Updated Appointments Process	15

Signatories

Authors

Josie Meuli - Senior Advisor

Authorisers

John Bishop - Treasurer and Manager CCO Governance & External Partnerships

Stephen Town - Chief Executive

Council Controlled Organisations Governance and Monitoring Committee

06 October 2015

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

That the Council Controlled Organisations Governance and Monitoring Committee:

a) exclude the public from the following part(s) of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

C1 Board Appointments Tamaki Redevelopment Company Limited (TRC) - Shortlist of applicants

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

In particular, the report contains information regarding the short-listing of candidates for the vacancy on TRC. The report contains private information about individuals who have applied for director vacancies on Tamaki Redevelopment Company Limited.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.