I hereby give notice that an ordinary meeting of the Appointments, Performance Review and Value for Money Committee will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Wednesday, 4 April 2018

1.30pm

Room 1, Level 26
135 Albert St
Auckland

 

Appointments, Performance Review and Value for Money Committee

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Chairperson

Hon Phil Goff, CNZM, JP

 

Deputy Chairperson

Hon Christine Fletcher, QSO

 

Members

Cr Chris Darby

 

 

Cr Desley Simpson, JP

 

 

Cr Josephine Bartley

 

 

Cr Penny Hulse

 

 

Cr Richard Hills

 

 

Cr Ross Clow

 

 

 

 

Ex-officio

Deputy Mayor Bill Cashmore

 

 

IMSB Chair David Taipari

 

 

(Quorum 5 members)

 

 

 

Suad Allie

Governance Advisor

 

28 March 2018

 

Contact Telephone: (09) 977 6953

Email: suad.allie@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 

Terms of Reference

Responsibilities

 

The Council Appointments and, Performance Review and Value for Money 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.

4.         Monitor and report to the Governing Body on the implementation of service delivery reviews required under s17A of the Local Government Act 2002, and the recommendations arising from those reviews

5.         Approve the scheduling of the forward s17A work programme, and recommend to the Governing Body the terms of reference for individual reviews

6.         Request reports on Auckland Council parent and CCO value for money, savings and effectiveness-focused initiatives that are beyond the scope of s17A reviews, and make recommendations on these reports to the Governing Body.

 

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.

·         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.

 

 

 

Appointments, Performance Review and Value for Money Committee

04 April 2018

 

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          Appointments and Performance Review Committee Information Report - 4 April 2018                                                                                                                                 9

10        Chief Executive's Employment Review Process (Covering report)                      11  

11        Consideration of Extraordinary Items 

PUBLIC EXCLUDED

12        Procedural Motion to Exclude the Public                                                                 13

C1       Process and selection panel for appointment of a director to the Auckland Transport board                                                                                                           13

C2       Auckland Council's organisational performance update for the period ending February 2018                                                                                                               13

C3       CONFIDENTIAL - Chief Executive's Employment Review Process (Covering report)                                                                                                                                       14  

 

1          Apologies

 

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

 

That the Appointments, Performance Review and Value for Money Committee:

a)         confirm the ordinary minutes of its meeting, held on Thursday, 1 March 2018, including the confidential section, as a true and correct record.

 

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.

 

Appointments, Performance Review and Value for Money Committee

04 April 2018

 

Appointments and Performance Review Committee Information Report - 4 April 2018

 

File No.: CP2018/03109

 

Te take mō te pūrongo / Purpose of the report

1.       To provide a public record of memos, workshop or briefing papers that have been distributed for the committee’s information since 1 March 2018.

Whakarāpopototanga matua / Executive summary

2.       This is a regular information-only report which aims to provide public visibility of information circulated to committee members via memo or other means, where no decisions are required.

3.       The following confidential workshop has taken place:

·    1 February 2018 – Lessons from 2017 and Board Succession Planning 2018 (Confidential – no attachment).

4.       Note that, unlike an agenda report which requires a decision, staff will not be present to answer questions about the items referred to in this summary.  Committee members should direct any questions to the authors.

 

Ngā tūtohunga / Recommendation/s

That the Appointments and Performance Review Committee:

a)      receive the information report – 4 April 2018.

 

Ngā tāpirihanga / Attachments

There are no attachments for this report.     

Ngā kaihaina / Signatories

Author

Suad Allie - Governance Advisor

 

Appointments, Performance Review and Value for Money Committee

04 April 2018

 

Chief Executive's Employment Review Process (Covering report)

 

File No.: CP2018/04271

 

Te take mō te pūrongo / Purpose of the report

1.       To consider the process for undertaking the Chief Executive’s employment review.

Whakarāpopototanga matua / Executive summary

2.       This is a late covering report for the above item. The comprehensive agenda report was not available when the agenda went to print and will be provided at, or prior to, the 4 April 2018 Appointments, Performance Review and Value for Money Committee meeting.

Ngā tūtohunga / Recommendation/s

The recommendations will be provided in the comprehensive agenda report.

 

Appointments, Performance Review and Value for Money Committee

04 April 2018

 

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

 

That the Appointments, Performance Review and Value for Money 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       Process and selection panel for appointment of a director to the Auckland Transport board

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 private information regarding candidates who have applied for vacancies on Auckland Transport board.

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.

 

C2       Auckland Council's organisational performance update for the period ending February 2018

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.

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)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

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.

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.

 

C3       CONFIDENTIAL - Chief Executive's Employment Review Process (Covering report)

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 that relates to the Chief Executive's Employment Review process, Committee members may discuss matters relating to the Chief Executive's current performance, changes to the Chief Executive's Contract, and the terms and conditions of the Chief Executive's employment.

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

In particular, the report contains information that relates to the Chief Executive's Employment Review process, Committee members may discuss matters relating to the Chief Executive's current performance, changes to the Chief Executive's Contract, and the terms and conditions of the Chief Executive's employment.

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.