Appointment to Council Committees

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17 March 2015
Appointment to Council Committees
DC No: 75
Purpose
1.
To appoint Cr Leanne Brown as a member to Tauranga City Council Committees and
to the Tauranga City Council/Western Bay of Plenty District Council Joint Governance
Committee.
2.
To appoint Cr Leanne Brown to the Nga Poitiri Ao O Mauao (Mauao Joint
Administration Board) and as an Envirohub Trustee.
3.
To appoint a Deputy Chairperson for the City Delivery Committee and determine the
Voting System to be used for this appointment.
Executive Summary
4.
Following the resignation of Cr Clayton Mitchell on 20 October 2014, a by-election was
held on 17 February 2015 for the Mount Maunganui/Papamoa ward.
5.
Cr Leanne Brown was the successful candidate and was sworn in as a Councillor at
the Council meeting on 4 March 2015.
6.
Cr Leanne Brown is now required to be appointed to Tauranga City Council
Committees, Tauranga City Council/Western Bay of Plenty District Council Joint
Governance Committee, the Nga Poitiri Ao O Mauao (Mauao Joint Administration
Board) and as an Envirohub Trustee.
7.
Council is furthermore asked to appoint a Deputy Chairperson for the City Delivery
Committee, a position previously held by Cr Clayton Mitchell.
Recommendation/s
That the Council:
(a)
Appoint Cr Leanne Brown as a member to the following Tauranga City Council
Committees (pursuant to clause 31 of Schedule 7 of the Local Government Act
2002):
City Vision
City Delivery
Community Development
Chief Executive's Performance Review
Finance and Risk.
(b)
Appoint Cr Leanne Brown as a member to the Tauranga City Council/Western
Bay of Plenty District Council Joint Governance Committee(pursuant to clause 31
of Schedule 7 of the Local Government Act 2002):
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(c)
Appoint Cr Leanne Brown as a member to Nga Poitiri Ao O Mauao (Mauao Joint
Administration Board) and as an Envirohub Trustee.
(d)
In accordance with clause 25 of Schedule 7 of the Local Government Act 2002,
the voting system to be used to make the appointment of a Deputy Chairperson
for the City Delivery Committee is Voting System A or Voting System B.
(e)
Accordingly and pursuant to clause 26(4) of Schedule 7 of the Local Government
Act 2002, Council appoints the following person to be the Deputy Chairperson for
City Delivery Committee: Cr
.
Discussion
8.
The Mayor met with Cr Leanne Brown following the official results of the by-election
and it was agreed that Cr Brown would fill the vacancies created by Cr Mitchell's
resignation.
Legal Requirements for Appointments of Members of Council Committees
9.
Clause 31 of Schedule 7 of the Local Government Act 2002 details the requirements
for appointment of Members to Council's Committees (and Subcommittees).
10.
A Committee must have at least one elected member appointed to it.
11.
The legal requirements for a quorum of a meeting of a Committee (other than a
subcommittee) require at least one elected member appointed to the committee to be
present (clause 23(3)(b), Schedule 7, Local Government Act 2002).
12.
Council employees acting in the course of their employment may be appointed to
Subcommittees, but not Committees.
13.
The minimum number of members to be appointed to a Committee is 3, and to a
Subcommittee is 2.
Legal Requirements for Appointments of Deputy Chairpersons
14.
Deputy Chairpersons of Council's committees may be appointed by full Council or the
committee (under clause 26(4) of Schedule 7 of the Local Government Act 2002).
15.
Council or the Committee is required by clause 25(1 )(c) and (2) of Schedule 7 of the
Local Government Act 2002 to decide which voting system it will use to make the
appointment.
16.
The two voting systems that may be used are detailed in clause 25.
17.
Voting System A is recommended and is described in clause 25(3) as follows:
System A (a)
requires that a person is elected or appointed if he or she receives the votes
of a majority of the members of the local authority or committee present and
voting; and
(b)
has the following characteristics:—
(i)
there is a first round of voting for all candidates; and
(ii)
if no candidate is successful in that round there is a second round of
voting from which the candidate with the fewest votes in the first round
is excluded; and
Objective ID: A6178861
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(iii)
(iv)
18.
if no candidate is successful in the second round there is a third, and if
necessary subsequent, round of voting from which, each time, the
candidate with the fewest votes in the previous round is excluded; and
in any round of voting, if 2 or more candidates tie for the lowest
number of votes, the person excluded from the next round is resolved
by iot
The alternate Voting System B is described in clause 25(4) as follows:
System B (a)
requires that a person is elected or appointed if he or she receives more
votes than any other candidate; and
(b)
has the following characteristics:
(i)
there is only 1 round of voting; and
(ii)
if 2 or more candidates tie for the most votes, the tie is resolved by lot
Mauao Joint Administration Board
19. On 15 September 2013, Council entered into a Memorandum of Understanding for
f/lauao Historic Reserve and the Mauao Joint Administration Board (MOU) with the
Mauao Trust.
20. The MOU relates to the formation of, guiding principles and broad terms of operation of
the Mauao Joint Administration Board {Nga Poutiriao o Mauao - The Guardians of
Mauao).
21. The MOU states that the Board will be comprised of 8 members being 4
representatives appointed by the Mauao Trust and 4 representatives appointed by
Council.
22.
The Mauao Trust will appoint the Chairperson and Council will appoint the Deputy
Chairperson.
Review of Governance Structure
23.
It is intended that Council's governance structure will be reviewed in 2015.
Consideration
Significance and Engagement
24.
Under the Significance and Engagement Policv 2014. this matter is of low
significance as the appointments do not affect the Terms of Reference or statutory
functions of the Committees concerned.
Objective ID: A6178861
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Attachments
There are no attachments for this report.
Signatories
Authors
Tone Nerdrum Smith, Team Leader: Governance Services
Authorisers
Christine Jones, General Manager: Strategy
Objective ID: A6178861
Appointment to Council Committees