Meeting of the Hawke's Bay Regional Council
Date: Wednesday 1 March 2017
Hawke's Bay Regional Council
159 Dalton Street
Item Subject Page
2. Conflict of Interest Declarations
3. Chief Executive Recruitment and Appointment of Interim Chief Executive 3
Wednesday 01 March 2017
Subject: Chief Executive Recruitment and Appointment of Interim Chief Executive
Reason for Report
1. With the resignation of Andrew Newman, the role of Chief Executive must now be recruited and consideration given to appointing an Interim Chief Executive after 31 March 2017 to fill the role until a permanent replacement has commenced.
2. This paper is to indicate the legislative requirements of the Local Government Act 2002 regarding the appointment of a Chief Executive Officer and to provide Council the opportunity to formally commence the process for recruitment and appointment and consider the appointment of an Interim Chief Executive.
3. The Knowhow Guide to Governance provides the following principles in terms of recruiting a Chief Executive:
3.1. All local authorities should consider legal requirements and ‘good practice’ in designing a process.
3.2. Clarity of process and expectations are important.
3.3. There should be a commitment to procedural fairness at all times.
3.4. Confidentiality is paramount.
3.5. All members must be involved in and committed to the process (this does not mean that all members need to be involved at every stage).
4. The most practical and time efficient approach is to approve an Appointment Sub-Committee of Council to design and implement the process for the appointment, including the engagement of a consultant to assist with identifying appropriate candidates and to undertake shortlisting; after which, all councillors would be directly involved in final interviews and the appointment.
5. The practical option for Council to consider in terms of establishing a delegated Appointment Sub‑Committee to run the process, would be to delegate it to the Chairs of the regular committees of Council, being Councillor Belford, Dick and Kirton, the Chairman and Deputy Chairman.
6. To assist Council with the importance of considering candidates’ ability to deal appropriately with tangata whenua issues it is proposed that Mike Mohi, as Chair of Council’s Maori Committee also be appointed to the Appointment Sub-Committee.
7. All decisions on the details of the process, including the appointment of an Interim Chief Executive and a suitable consultant to run the process, would be decided by the Appointment Sub-Committee and conveyed to other councillors.
Decision Making Process
8. Council is required to make every decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded:
8.1. The decision does not significantly alter the service provision or affect a strategic asset.
8.2. The use of the special consultative procedure is not prescribed by legislation.
8.3. The decision does not fall within the definition of Council’s policy on significance as this is an internal governance matter for which elected members are responsible.
8.4. There are no persons directly affected by the decisions in this paper other than the Chief Executive as the position is budgeted and a statutory requirement.
8.5. There are no options open to Council as the Council is required by section 42 to appoint a Chief Executive in accordance with clauses 33 and 34 of Schedule 7. These Clauses require that the position be advertised and that a Chief Executive be appointed.
8.6. The decision is not inconsistent with an existing policy or plan.
8.7. Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, Council can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.
1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision.
2. Agrees to commence the process of advertising a vacancy for the position of Chief Executive.
3. Delegates the appointment process to an Appointment Sub-Committee of the Chairman, Deputy Chairman, and Councillors, Belford, Dick and Kirton.
4. Approves the appointment of Mike Mohi to the Appointment Sub-Committee.
5. Confirms that the Appointment Sub-Committee will undertake the short-listing with the appointed consultant, with all Councillors and Mike Mohi being involved in the interviews.
6. Confirms that all Councillors will be involved in establishing an appropriate Employment Agreement including relevant KPIs.
7. Confirms that the Appointment Sub-Committee members will also be delegated to appoint an Interim Chief Executive to act as Chief Executive until a suitable permanent candidate has commenced.
8. Confirms that the Appointment Sub-Committee will negotiate a remuneration package and appropriate employment agreement with the successful candidate.
Human Resources Manager