26 03 May 2017
Finance and Performance Committee
27 March 2017
File: (17/549)
Report no: FPC2017/2/103
Appointment of Trustees to Hutt City Community Facilities Trust
Purpose of Report
1. This report seeks Council’s approval to establish a selection panel to identify, assess and recommend to Council up to three independent Trustees to be appointed to the Hutt City Community Facilities Trust (CFT).
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Recommendation That the Committee recommends that Council: (i) approves the appointment of a selection panel consisting of the General Manager Community Services, outgoing CFT Chair (subject to his agreement) and a Councillor to identify, assess and approach potential candidates for the position of up to three independent Trustees on the Hutt City Community Facilities Trust (CFT), in accordance with the Council’s policy for the Appointment of Directors; and (ii) approves this process for future appointments to the board of the CFT; and (iii) delegates to the selection panel the power to negotiate and decide an amount to be paid as an honorarium for the new Chair up to the existing remuneration level. |
Background
2. Council established the CFT as a Council Controlled Organisation (CCO) in 2012.
3. The CFT will own and administer leisure and community facilities in Hutt City, redevelop facilities in future in line with the integrated facilities model and Integrated Facilities Plan, and help raise funds for the redevelopments. The CFT is administered by a Trust Board made up of between three and seven trustees (one of whom is a Councillors representative).
4. Current Trustees are Alister Skene (Chair), Andy Leslie, David Butler, Kirsten Patterson, Max Flowers and Cr Margaret Cousins.
Discussion
5. Sumati Govind resigned as a Trustee in October 2016. At its October Board meeting the CFT agreed to advise Council of the resignation but leave the matter of a replacement Trustee to be considered in the new year.
6. At the CFT meeting on 20 March 2017 the Trust discussed the resignation of the Chair, Alister Skene (with effect from 30 June 2017) and the term of another Trustee, Max Flowers, which is due to expire on 13 August 2017. In addition, another Trustee, Andy Leslie, has recently resigned, with effect from 30 June 2017.
7. Council’s policy on appointing trustees for CCOs is the same as the policy for the appointment of Directors. This policy follows best practice for governance appointments. This process involves appointing a selection panel which will undertake a selection process. A copy of the policy is attached as Appendix 1 to the report.
8. It is suggested that the panel be made up of the General Manager Community Services, the outgoing Chair (if he agrees) and a Councillor representative.
Consultation
9. No consultation has been carried out in the drafting this report.
Policy Considerations
10. The Hutt City Community Facilities Trust Deed of Trust provides that:
“9.2 Trustee Appointment and Removal: Subject to clause 9.1, the Council has the power at any time:
9.2.1 Appointment: to appoint an additional Trustee or Trustees;
9.2.2 Reappointment: to reappoint any retiring or retired Trustee as a Trustee; and
9.2.3 Removal: to remove a person from office as a Trustee;
and such appointment, reappointment or removal must be notified in writing by the Council to the Trustees.”
Other Considerations
11. In making this recommendation, officers have given careful consideration to the purpose of local government in section 10 of the Local Government Act 2002. Officers believe that this recommendation falls within the purpose of the local government in that it supports the CFT which is providing community services. It does this in a way that is cost-effective because it is going through an internal process involving no additional costs.
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Hutt City Council - Appointment and Remuneration of Directors Policy August 2013 |
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Author: Matt Reid
General Manager Community Services
Approved By: Joycelyn Raffills
General Manager, Governance and Regulatory