I hereby give notice that an ordinary
meeting of the Appointments and Performance Review Committee will be held on:
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Date:
Time:
Meeting Room:
Venue:
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Thursday, 1
February 2018
9.30am
Room 1, Level
26
135 Albert St
Auckland
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Komiti Tohu me te Arotake Tūranga
Mahi /
Appointments and Performance Review Committee
OPEN AGENDA
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MEMBERSHIP
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Chairperson
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Mayor Hon Phil Goff, CNZM, JP
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Deputy Chairperson
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Cr Hon Christine Fletcher, QSO
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Members
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Cr Chris Darby
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Cr Richard Hills
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Cr Penny Hulse
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Cr Desley Simpson, JP
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Ex-officio
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Deputy Mayor Bill Cashmore
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IMSB Chair David Taipari
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(Quorum 3 members)
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Kalinda Gopal
Senior Governance Advisor
25 January 2018
Contact Telephone: (09) 367 2442
Email: kalinda.gopal@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
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Responsibilities
The Appointments and Performance Review Committee is
established to:
1.
Review the chief executive’s performance and to recommend to the
Governing Body the terms and conditions of the CE’s employment including
any performance agreement measures and annual remuneration.
2.
Make appointments to Council-Controlled Organisations (CCOs), Council
Organisations (COs) and exempt CCOs and COs.
3.
Approve policies relating to the appointment of
directors and trustees to CCOs and COs.
Powers
All powers necessary to perform the committee’s
responsibilities.
Except:
(a) powers
that the Governing Body cannot delegate or has retained to itself (section 2)
(b) where
the committee’s responsibility is limited to making a recommendation only
(c) the power to
establish sub-committees
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.
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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).
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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.
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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.
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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.
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Appointments
and Performance Review Committee
01 February
2018
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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 Process for
board appointment to Community Education Trust Auckland - COMET 9
10 Consideration of
Extraordinary Items
PUBLIC EXCLUDED
11 Procedural
Motion to Exclude the Public 11
C1 Board appointment to Community
Education Trust Auckland - COMET 11
At the close of
the agenda no apologies had 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
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That the Appointments and Performance Review Committee:
a)
confirm the ordinary minutes of its meeting,
held on Friday, 17 November 2017, including the
confidential section, as a true and correct record.
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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
Governance 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
There were no
notices of motion.
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Appointments and
Performance Review Committee
01 February
2018
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Process
for board appointment to Community Education Trust Auckland - COMET
File No.: CP2017/25106
Purpose
1. To
receive information about the appointment process undertaken to fill a vacancy
on the board of Community Education Trust Auckland (COMET).
Executive summary
2. Auckland
Council has the power to appoint a trustee to fill one of two current vacancies
on COMET’s board.
3. COMET
has undertaken an appointment process based on COMET’s deed requirements
and consistent with Auckland Council’s Board Appointment and Remuneration
Policy.
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Recommendation/s
That the Appointments and
Performance Review Committee:
a) note
that there is a confidential report on this meeting agenda providing a
recommendation regarding the appointment of a trustee to the board of
Community Education Trust Auckland.
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Comments
Background
4. COMET’s
deed allows for up to twelve trustees and requires that there are at least
seven trustees on its board. Each trustee is a volunteer and, pursuant to the
trust deed, can serve a maximum of two three-year terms on the board.
5. The
power of appointment of all COMET trustees is vested in council as the settlor
of COMET’s deed.
6. There
are currently two vacancies on COMET’s board. An existing trustee’s
term will end in June 2018, resulting in a further vacancy at that time. This
appointment process has been deliberately undertaken to allow for an overlap
between the last six months of the existing trustee’s term and the first
six months of the new trustee’s term.
Process
7. COMET
has undertaken a board appointment process based on COMET’s deed
requirements and consistent with council’s Board Appointment and
Remuneration Policy. This process included:
· identifying
skills, knowledge and experience, including current or future gaps on the board
· advertising
the board vacancy through an expression of interest programme
· shortlisting
and interviewing appropriately qualified candidates
· Recommendation
of the preferred candidate to council’s Appointments and Performance
Review Committee for appointment.
8. For
this appointment financial expertise was identified as desirable based on the
current board configuration and with the existing trustee’s departure in
mind.
9. The
advertising programme included placing the advertisement on two websites
– Appoint Better Boards and Volunteering Aotearoa. The advertisement was
also circulated to all staff and board members to pass onto suitable
candidates. The advertisement was more broadly distributed through
COMET’s facebook page and boosted to increase its reach, as well as being
posted on COMET’s website.
10. Eight
applications were received. The chief executive and chair of the board
shortlisted three applicants. The shortlisted applicants were interviewed by a
subcommittee of the board alongside the chief executive.
Consideration
Local board views and implications
12. Board
appointments are the role of the Governing Body. As such, local board views
were not sought on this matter.
Māori impact statement
13. COMET’s work is strongly focused on driving change to make
access to education and skills more effective and equitable across Auckland.
COMET takes a cross-sector approach to identifying gaps and opportunities in
education to enhance Auckland’s economic and social development. Several
areas of COMET’s work are focused towards Māori and Pasifika communities,
where gaps in education have been identified and economic and social benefits
can be enabled.
14. COMET’s
board vacancies offer an opportunity to contribute to the development of Māori capacity in governance. While a particular emphasis was
placed on financial expertise in this appointment process, a broad core skill
for trustees is an understanding of Auckland’s Māori communities
(mana whenua and/or mataāwaka).
Implementation
15. Pending the
approval of this committee, the board appointee will be notified of the appointment,
including the terms and duration of appointment. The chief executive and chair
of COMET will also receive notification of the appointment.
Attachments
There are no attachments for
this report.
Signatories
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Author
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Ella Kay - Senior Advisor - CCO Governance &
External Partnerships
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Authorisers
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Alastair Cameron - Manager - CCO Governance &
External Partnerships
Phil Wilson - Governance Director
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Appointments
and Performance Review Committee
01 February
2018
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Exclusion of the Public: Local Government Official Information
and Meetings Act 1987
That the Appointments and Performance Review
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
appointment to Community Education Trust Auckland - COMET
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Reason for
passing this resolution in relation to each matter
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Particular
interest(s) protected (where applicable)
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Ground(s)
under section 48(1) for the passing of this resolution
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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.
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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 personal information about the candidates.
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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.
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