Extraordinary Meeting of the Hawke's Bay Regional
Council
Date: Wednesday 15 June 2016
Time: 9.00am
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Venue:
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Council Chamber
Hawke's Bay Regional Council
159 Dalton Street
NAPIER
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Agenda
Item Subject Page
1. Welcome/Prayer/Apologies/Notices
2. Conflict
of Interest Declarations
Decision Items
3. Chief
Executive Appointment 3
Information or Performance Monitoring
4. Update
on the Ruataniwha Water Storage Scheme Business Case 5
Decision Items (Public Excluded)
5. Napier-Wairoa
Log Freight Service 19
6. Confirmation
of Public Excluded Meeting held on 25 May 2016 21
HAWKE’S BAY REGIONAL COUNCIL
Wednesday 15 June 2016
Subject: Chief Executive
Appointment
Reason for Report
1. The incumbent Chief Executive Officer’s employment agreement
is due to expire on 15 December 2016. At that stage a vacancy will exist
for the role of Chief Executive.
2. Council
is obliged to indicate its intention regarding the appointment of a Chief
Executive to the incumbent at least 6 months prior to the expiry of his
employment agreement.
3.
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 appointing to the upcoming vacancy.
Comment
4. While the arrangement with the present Regional Council Chief
Executive is somewhat unique in that the incumbent Chief Executive is presently
seconded to HBRIC, Council is still bound under Section 42 of the Local
Government Act 2002 to appoint a Chief Executive in accordance with clauses 33
and 34 of Schedule 7 of the Act.
5. Council therefore needs to decide on the process and timing of such
an appointment. There is no procedure set out in relevant legislation regarding
the recruitment process other than that the vacancy must be advertised.
6. The Knowhow Guide to Governance provides the following
principles in terms of recruiting a Chief Executive:
6.1. All local authorities should consider legal requirements and
‘good practice’ in designing a process
6.2. Clarity of process and expectations are important
6.3. There should be a commitment to procedural fairness at all times
6.4. Confidentiality is paramount, and
6.5. 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).
7. The most practical and time efficient approach is to appoint a
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.
8. One practical option for Council to consider in terms of
establishing a delegated sub-committee to run the process would be to delegate
it to the members of the Finance, Asset and Risk Sub-Committee who have a
representative from each area of the Region.
9. 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.
10. All decisions on the details of the process would be decided by the
sub-committee and conveyed to other councillors.
Decision Making
Process
11. 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:
11.1. The decision
does not significantly alter the service provision or affect a strategic asset.
11.2. The use of
the special consultative procedure is not prescribed by legislation.
11.3. 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.
11.4. 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.
11.5. 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.
11.6. The decision
is not inconsistent with an existing policy or plan.
11.7. 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.
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Recommendations
That Council:
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 under Sections 79(1)(a) and
82(3) of the Local Government Act 2002 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 the
members of the Finance, Audit and Risk Sub-committee.
4.
Approves the appointment of Mike Mohi to the
appointment sub-committee.
5.
Confirms that all Councillors will be involved
in interviews of candidates and the final appointment decision.
6.
Confirms that the Finance, Audit and Risk Sub-committee
members will be delegated to negotiate a remuneration package and appropriate
employment agreement with the successful candidate.
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Viv Moule
Human Resources Manager
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Fenton Wilson
Chairman
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Attachment/s
There are no
attachments for this report.
HAWKE’S BAY REGIONAL COUNCIL
Wednesday 15 June 2016
Subject: Update
on the Ruataniwha Water Storage Scheme Business Case
Reason for Report
1. This report attached provides an update on the RWSS Business Case
since Council’s June 2014 investment decision.
2. The report follows the presentation provided at the 25 May Regional
Council meeting, by Dr. Pearce. At that meeting a powerpoint presentation was
given and Councillors were provided with a draft hard copy of the report. All
Councillors have also had the opportunity to discuss the Draft report with the
Chairman of HBRIC Ltd.
3. The report contains only minor revisions and additions for
completeness, to the Final paper compared with the Draft version.
Decision Making
Process
4. Council
is required to make every decision in accordance with Part 6 Sub-Part 1, of the
Local Government Act 2002 (the Act). Staff have assessed the requirements
in relation to this item and have concluded that, as this report is for
information only and no decision is to be made, the decision making provisions
of the Local Government Act 2002 do not apply.
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Recommendation
That Council receives and notes the “Update
on the Ruataniwha Water Storage Scheme Business Case” report.
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Liz Lambert
Chief Executive
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Attachment/s
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1
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RWSS Business
Case Update
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