I hereby give notice that an ordinary
meeting of the Appointments, Performance Review and Value for Money Committee will
be held on:
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Date:
Time:
Meeting Room:
Venue:
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Thursday, 4 July
2019
9.30am
Room 1, Level
26
135 Albert St
Auckland
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Komiti Tohu me te Arotake Tūranga
Mahi, me te Rite o te Whiwhi ki Tā Tērā i Utu Ai /
Appointments, Performance Review and Value for Money Committee
OPEN AGENDA
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MEMBERSHIP
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Chairperson
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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 Josephine Bartley
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Cr Ross Clow
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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 Cr Bill Cashmore
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IMSB Chair David Taipari
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(Quorum 4 members)
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Sandra Gordon
Senior Governance Advisor
27 June 2019
Contact Telephone: (09) 890 8150
Email: sandra.gordon@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.
·
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
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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
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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,
Performance Review and Value for Money Committee
04 July 2019
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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 Process for the
appointment of directors and board members to the Auckland's council-controlled
organisations 9
9 Consideration
of Extraordinary Items
PUBLIC EXCLUDED
10 Procedural
Motion to Exclude the Public 13
C1 CONFIDENTIAL: Appointing
directors to Auckland's council-controlled organisations 13
C2 Chief Executive's Performance
Objectives 13
Apologies from
Deputy Mayor BC Cashmore and Deputy Chairperson C Fletcher 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
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That the Appointments, Performance Review and Value for Money
Committee:
a)
confirm the ordinary minutes of its meeting,
held on Thursday, 6 June 2019, 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.”
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Appointments,
Performance Review and Value for Money Committee
04 July 2019
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Process
for the appointment of directors and board members to the Auckland's
council-controlled organisations
File No.: CP2019/04515
Te take mō te
pūrongo
Purpose of the report
1. To
provide an update on the programme of appointments to the boards of Watercare
Services Limited (Watercare), Regional Facilities Auckland (RFA) and Panuku
Development Auckland Limited (Panuku). These three entities are
Auckland council-controlled organisations (CCOs).
Whakarāpopototanga matua
Executive summary
2. This
committee has previously agreed the skills and experience required to fill two
director vacancies on the Watercare board on 6 December 2018 (APP/2018/97), and
the skills and experience required to fill vacancies on the RFA and Panuku
boards at its 14 February 2019 meeting (APP/2019/1).
3. The 2019 board appointment programme has attracted a number of
highly qualified, experienced candidates who have either responded to
advertisements, or been approached directly by Kerridge & Partners
(Kerridge).
4. The selection panel appointed by this committee have interviewed
candidates for the director vacancies; and have made their recommendations to
this committee.
5. A
confidential report seeks approval from the committee regarding director
appointments to substantive council-controlled organisations (CCOs).
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Ngā tūtohunga
Recommendation/s
That the Appointments,
Performance Review and Value for Money Committee:
a) make
decisions on appointing directors to Watercare Services Limited, Regional
Facilities Auckland and Panuku Development Auckland Limited
b) note
that the report is confidential due to the personal information contained in
it and the final appointment decisions will be made publicly available at the
conclusion of the appointment process.
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Horopaki
Context
6. The
board appointment process for appointing directors to any CCO and external partnership
board is outlined in the table following.
7. The
confidential reports on this agenda provide advice and options to assist the
committee to make decisions regarding the appointment of directors to
council-controlled organisations and a board member to a council organisation.
8. The
selection panel have completed their interviews of the candidates, and have
made their recommendations to this committee. The committee must decide
which candidates to appoint.
Ngā whakaaweawe me
ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
9. There
are no significant impacts on other parts of the council group as a result of
these appointments.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te
poari ā-rohe /
Local impacts and local board views
10. Board
appointments to external partnerships are the role of the Governing Body.
Local boards can participate in the nomination process and the nomination of a
candidate requires the consent of that candidate.
Tauākī whakaaweawe Māori / Māori impact
statement
11. Council’s
policy aims to achieve a diverse range of directors to all CCO boards.
12. This can
have positive impacts for Māori by creating opportunities
for Māori directors.
13. In line
with the policy, an Independent Māori Statutory Board
member(s) was appointed to each selection panel to provide a Māori
perspective throughout the process.
Ngā ritenga ā-pūtea / Financial implications
14. The costs
associated with the appointments to CCOs will be managed from existing
budgets.
Ngā raru tūpono / Risks
15. There
are risks associated with all board appointments including:
i) Reputational:
all candidates are appropriately screened to meet the skill requirements for
directors of a board such as this and have appropriate governance experience
especially within public-facing entities. To mitigate any potential risks
of disqualified directors or under-qualified candidates:
a) a thorough due diligence
process is completed on all candidate applications in line with the
council’s appointment policy
b) short-listed candidates
have completed the council’s director consent form prior to interview
which requires directors to confirm that there is nothing that would disqualify
them from being a director
c) thorough reference
checks of candidates who are approved for appointment to the CCOs are being
conducted by Kerridge and Partners.
ii) Reputational:
breach of privacy if confidential candidate information is provided to media
outlets prior to final decisions being made by the committee. The risk is
fewer and potentially less qualified candidates being attracted into future
board appointment programmes. To mitigate the risk staff will continue to
highlight the need for maintaining confidentiality during the board appointment
programme.
iii) Governance:
the risk of an unbalanced board where a loss of institutional knowledge impacts
decision-making. Conversely, retaining board members for too long can
mean the board lack innovation and fresh thinking. There is a need to
maintain an appropriate balance of new and longer-serving board members to
ensure innovation and fresh thinking while retaining institutional
knowledge. This has been taken into consideration by the selection panel
in their recommendation to this committee.
Ngā koringa ā-muri / Next steps
16. Following approval from this
committee, staff from the CCO Governance and External Partnerships department
and Kerridge and Partners will notify the CCO chairs, successful board
appointees and make the appointment information publicly available at the
completion of the 2019 board appointment programme.
Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
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Author
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Josie Meuli - Senior Advisor
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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,
Performance Review and Value for Money Committee
04 July 2019
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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:
C1 CONFIDENTIAL:
Appointing directors to Auckland's council-controlled organisations
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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 private information about candidates who have
applied for vacancies on the board of Auckland's council-controlled
organisations
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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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C2 Chief
Executive's Performance Objectives
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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, during this item, the committee will discuss performance
objectives for the Chief Executive including possible discussion about terms
of employment and remuneration.
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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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