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Appointments,
Performance Review and Value for Money Committee
05 September
2019
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Process
for reappointment of board members to the Manukau Beautification Charitable
Trust
File No.: CP2019/16398
Te take mō te
pūrongo
Purpose of the report
1. To
reappoint the board of Manukau Beautification Charitable Trust Auckland (MBCT),
a council-controlled organisation.
Whakarāpopototanga matua
Executive summary
2. The
power to reappoint trustees to MBCT’s board is vested in Auckland Council
by the Deed of Trust (deed) that established MBCT as a council-controlled
organisation (CCO) in 2001.
3. A
separate confidential report on this meeting agenda contains information and
advice regarding recommended appointees to the MBCT board.
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Ngā tūtohunga
Recommendation/s
That the Appointments,
Performance Review and Value for Money Committee:
a) note
that there is a confidential report on this meeting agenda with
recommendations regarding the appointment of trustees to the board of Manukau
Beautification Charitable Trust.
b) note this 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
4. Manukau
Beautification Charitable Trust’s deed calls for no fewer than five and
no more than twelve trustees to be appointed to its board for a three year
term. Four trustees retired in June 2019, and one board member in late
2018. The remaining three board members terms expire or expired in the period
from June 2019 to October 2019.
5. In
2018 MBCT embarked on a recruitment campaign to further increase the diversity
and proficiency of its board. This resulted in four trustees being appointed in
October 2018 to fill causal vacancies until June 2019, where they would be
eligible to seek reappointment for a three-year period. One of these trustees
chose not to take up the offer.
6. The
power of appointment of all trustees to the board is vested in council as the
settlor of MBCT’s deed.
7. Reappointment
of MBCT’s board will bring the total number of trustees to six which is
within the range of trustees required by the deed.
Tātaritanga me ngā
tohutohu
Analysis and advice
8. The
MBCT chair recommends the reappointment of three existing board members for
the 2019-2022 term. This will be the second term for two of these members, and
the third term for the remaining member. Their reappointment will provide
continuity of institutional knowledge to the board. One of these members is
currently acting as treasurer and the other has been appointed deputy chair.
This reflects the valued contribution they are providing, and the successful
succession planning undertaken by the board.
9. The
reappointment of this board will ensure that MBCT can continue to operate.
Staff support the chair’s recommendations.
Ngā whakaaweawe me
ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
10. 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
11. Appointments
to CCO boards are the role of the governing body. Local board views are
not sought on these matters.
Tauākī whakaaweawe
Māori
Māori impact statement
12. MBCT
provides beautification services and environmental education programmes of
benefit to all local groups across south Auckland.
13. The trust
recognised the opportunity to bring in new skills, by paying particular
attention to candidates with knowledge and respect for Te Tirti o Waitangi
principles.
Ngā ritenga
ā-pūtea
Financial implications
14. Costs
associated with these appointments will be managed from existing budgets.
Ngā raru tūpono me
ngā whakamaurutanga
Risks and mitigations
15. The
primary risk in not reappointing the board members is that the Trust can not
continue to operate.
16. There are
risks associated with all board appointments, including:
a) Reputational
Risk: All candidates are appropriately screened to meet the skill
requirements for directors of a board such as MBCT’s and have appropriate
governance experience especially with public-facing entities. To mitigate
potential risks of appointing unqualified or under-qualified candidates, the following
controls are in place:
i) a
due diligence process is conducted on all candidate applications in conformance
with council’s appointment policy.
ii) short-listed
candidates will complete council’s director consent form prior to
appointment which requires them to confirm that there is nothing that would
compromise their effectiveness as a board member.
b) Reputational
risk: Breach of privacy if confidential candidate information is released
prior to final decisions of the committee. The risk is that fewer, and
potentially less-qualified, candidates would be attracted to board service in
the future. To mitigate this risk, staff will assure confidentiality
during the board appointment programme.
c) Governance
risk: the risk of an unbalanced board where a loss of institutional
knowledge impacts decision-making. Conversely, retaining board members
for too long can mean that the board lack innovation and fresh thinking.
There is a need to maintain an appropriate balance of new and longer-serving
board members to avoid these problems and to retain institutional knowledge.
Ngā koringa ā-muri
Next steps
17. Following
approval by this committee, the CCO Governance and External Partnership staff
will notify MBCT of the Appointments, Performance Review and Value for Money
Committee’s decision.
18. The
appointment decisions of this committee will be made publicly available one the
successful and unsuccessful candidates have been notified.
19. Staff
will prepare letters thanking the trustees, whose tenure has ended, for their
services and contribution to MBCT.
Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
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Author
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Claire Gomas - Principal 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
05 September
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:
C6 CONFIDENTIAL:
Board appointments: Manukau Beautification Charitable Trust (MBCT) (Covering
report)
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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 the candidates for
the positions of trustee in the Manukau Beautification Charitable Trust.
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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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