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Appointments,
Performance Review and Value for Money Committee
04 April 2018
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Chief
Executive's Employment Review Process
File No.: CP2018/04168
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. The
Chief Executive’s employment contract expires on 31 December 2018. Under
the Local Government Act 2002 (LGA 2002) the Governing Body can extend the
Chief Executive’s term of employment by up to a further two years without
advertising a vacancy. The contract can only be extended if an employment
review is completed not less than six months before the expiry of the contract.
3. Under
Schedule 7 of the LGA 2002, the employment review must assess:
· the
performance of the Chief Executive
· the
mix of skills and attributes possessed by the Chief Executive, and the degree
to which they are consistent with the skills and attributes that the council
considers necessary for the future
· any
other factors the council considers relevant.
4. The
responsibility for completing the review rests with the Governing Body, but it
can delegate the task to the Appointments, Performance Review and Value for
Money (APRVFM) Committee. The decision to extend the Chief Executive’s
contract can only be made by the Governing Body.
5. The
APRVFM Committee’s current delegation is not broad enough to fulfil the
Schedule 7 obligations. If the committee wishes to undertake the employment
review, the committee’s Terms of Reference needs to be modified and
approved by the Governing Body.
6. The
proposed timetable for the employment review is:
· 4
April 2018: The APRVFM Committee receives advice on the Chief Executive’s
employment review process and proposal to amend the committee’s Terms of
Reference to enable it to undertake an employment review
· 19
April 2018: The Governing Body receives advice on the Chief Executive’s
employment review process and agreement is sought to amend the APRVFM
Committee’s Terms of Reference to undertake the employment review
· 3
May and 7 June 2018: The APRVFM Committee receives advice to support its
conversation with the Chief Executive, and the committee completes its
requirements under the LGA 2002 by 30 June 2018
· from
1 July 2018: The Governing Body receives advice from the APRVFM Committee.
7. Staff
recommend the remainder of the committee’s discussion on the process for
the employment review is conducted in the confidential agenda. This is because
the discussion may include the Chief Executive’s current or past
performance, changes to the Chief Executive’s contract, changes to the
Chief Executive’s employment terms and conditions and details relating to
the 2013 Chief Executive’s recruitment.
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Ngā tūtohunga / Recommendation/s
That the Appointments,
Performance Review and Value for Money Committee:
a) note
the contents of this report.
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Ngā whakaaweawe ā-rohe me ngā tirohanga a te
poari ā-rohe /
Local impacts and local board views
8. Local
board views have not been sought for this paper as the responsibility for the
employment of the Chief Executive rests with the Governing Body.
Tauākī whakaaweawe Māori / Māori impact
statement
9. The
Chief Executive plays a key role in discharging Auckland Council’s Treaty
of Waitangi and statutory obligations to Māori. Those obligations are
reflected in the Chief Executive’s current performance objectives which
expire on 31 December 2018.
Ngā ritenga ā-pūtea / Financial implications
10. There are no
financial implications associated with this process report.
Ngā raru tūpono / Risks
11. The risks
associated with the approach outlined in this report are one of timeliness. It
is a legislative requirement that the council undertake an employment review
not less than six months before the expiry of the Chief Executive’s
contract. An employment review is not required if the Chief Executive has
notified the council that he does not intend to seek a contract extension.
12. There is
sufficient time to complete the employment review process by 30 June 2018. This
is predicated on this committee undertaking the employment review in a timely
manner. Therefore it is important that the Governing Body modifies the
committee’s Terms of Reference at its April’s meeting to ensure the
committee has at least two formal meetings to consider the review in
partnership with the Chief Executive.
Ngā koringa ā-muri / Next steps
13. The next
steps are subject to the decisions of this committee. An outline of the
proposed next steps and key dates are contained in paragraph 6.
Ngā
tāpirihanga / Attachments
There are no attachments for
this report.
Ngā kaihaina / Signatories
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Authors
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Patricia Reade - Director People and Performance
Richard Harker - Senior Solicitor
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Authorisers
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Patricia Reade - Director People and Performance
Phil Wilson - Governance Director
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Appointments,
Performance Review and Value for Money Committee
04 April 2018
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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:
C3 CONFIDENTIAL
- Chief Executive's Employment Review Process
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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, this 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, this 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.
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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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