Notice of CEO Performance and Remuneration Review Committee
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1 Notice of CEO Performance and Remuneration Review Committee Monday 30 March 2015 MEMBERSHIP Mayor Kevin Knight (Presiding Member) Cr Jim McLafferty Cr Lucas Jones Cr Justin Hanson Cr Paula Luethen-Soper NOTICE is hereby given pursuant to Sections 87 and 88 of the Local Government Act 1999 that the next CEO PERFORMANCE AND REMUNERATION REVIEW COMMITTEE will be held in the Civic Centre, 571 Montague Road, Modbury on MONDAY 30 MARCH 2015 commencing at 6.30pm. A copy of the Agenda for the above meeting is supplied as required INGRID WILKSHIRE MANAGER STRATEGY AND GOVERNANCE Dated: 26 March 2015
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3 CITY OF TEA TREE GULLY CEO PERFORMANCE AND REMUNERATION REVIEW COMMITTEE 30 MARCH 2015 AGENDA 1. Opening and Welcome Acknowledgement of Country Statement The City of Tea Tree Gully recognises this City s considerable natural and cultural heritage, including thousands of years of Traditional Ownership by the Kaurna people and the more recent contributions from all who live here. We build on this heritage today by respecting and listening to each other, being receptive to new ideas and acting wisely for the current and future well-being of our community. 2. Attendance Record: 2.1 Present 2.2 Apologies 2.3 Record of Officers in Attendance 2.4 Record of number of persons in the Public Gallery 2.5 Record of media representatives in attendance 3. Confirmation of Minutes to the Previous Meeting - Nil 4. Public Forum Available to the public to address the Committee on policy, strategic matters or items that are currently before the Committee. Total time 10 mins with maximum of 2 mins per speaker. For more information refer to Council s website 5. Deputations Requests from the public to address the meeting must be received in writing 5 days prior to the meeting and approved by the Mayor. For more information refer to Council s website 6. Presentations Requests from the public to present to the meeting must be received in writing 5 days prior to the meeting and approved by the Mayor. For more information refer to Council s website 7. Petitions - Nil CEO Performance Review and Remuneration Committee - 30 March 2015 Page 3
4 8. Declaration of Interests Members are invited to declare any interests in matters appearing before the Committee. 9. Motions Lying on the Table - Nil 10. Management Reports *10.1 CEO Performance and Remuneration Review Process Notice of Motions - Nil 12. Motions Without Notice 13. Questions on Notice - Nil 14. Questions Without Notice 15. Other Business 16. Section 90(2) Local Government Act Confidential Items A record must be kept on the grounds that this decision is made. 17. Date of Next Meeting To be advised. 18. Closure The Committee meeting shall conclude on or before 10.30pm unless there is a specific motion adopted at the meeting to continue beyond that time. CEO Performance Review and Remuneration Committee - 30 March 2015 Page 4
5 REPORT FOR CEO PERFORMANCE AND REMUNERATION REVIEW COMMITTEE Item 10.1 MEETING DATE 30 MARCH 2015 RECORD NO: D15/11133 REPORT OF: OFFICE OF THE CHIEF EXECUTIVE OFFICER TITLE: CEO PERFORMANCE AND REMUNERATION REVIEW PROCESS PURPOSE To consider the process and timing of the CEO Performance and Remuneration Review process and a proposed brief for the appointment of an external consultant to undertake the review. RECOMMENDATION 1. That the CEO Performance and Remuneration Review Committee endorses the proposed CEO Performance and Remuneration Review Process as outlined in Attachment 2 of the report entitled CEO Performance and Remuneration Review Process and dated 30 March That the CEO Performance and Remuneration Review Committee appoints Cr/s to the Consultant Evaluation Panel. 3. That the Manager Strategy and Governance be authorised to appoint the consultant on behalf of the CEO Performance and Remuneration Review Committee after consultation with the Consultant Evaluation Panel. 4. That the Manager Strategy and Governance be authorised to seek submissions from the external consultants nominated within the report based on the brief outlined in Attachment 3 of the report entitled CEO Performance and Remuneration Review Process and dated 30 March 2015 to assist the CEO Performance and Remuneration Review Committee with the CEO Perfomance and Remuneration Review.. CEO Performance Review and Remuneration Committee - 30 March 2015 Page 5
6 Item BACKGROUND The Chief Executive Officer (CEO) Mr John Moyle commenced his Employment Agreement with Council on 21 October Clause 13 of the CEO Employment Agreement requires that the CEO will undergo a performance review during the month of September for the term of the Employment Agreement (Attachment 1). In addition to the agreed conditions contained in the CEO s employment contract, section 99 of the Local Government Act 1999 (the Act ) prescribes the responsibilities of a CEO. These are as follows: (1) The functions of the chief executive officer include (a) to ensure that the policies and lawful decisions of the council are implemented in a timely and efficient manner; (b) to undertake responsibility for the day-to-day operations and affairs of the council; (c) to provide advice and reports to the council on the exercise and performance of its powers and functions under this or any other Act; (d) to co-ordinate proposals for consideration by the council for developing objectives, policies and programs for the area; (e) to provide information to the council to assist the council to assess performance against its strategic management plans; (f) to ensure that timely and accurate information about council policies and programs is regularly provided to the council s community, and to ensure that appropriate and prompt responses are given to specific requests for information made to the council; (g) to ensure that the assets and resources of the council are properly managed and maintained; (h) to ensure that records required under this or another Act are properly kept and maintained; (i) to give effect to the principles of human resource management prescribed by this Act and to apply proper management practices; (j) to exercise, perform or discharge other powers, function or duties conferred on the chief executive officer by or under this or other Acts, and to perform other functions lawfully directed by the council. While the Act is clear about the role and responsibilities required of the CEO it is silent on the process of performance reviews. This matter is therefore covered by individual contractual agreements between a CEO and his/her employer. The CEO Performance and Remuneration Review Committee (the Committee ) is responsible for undertaking the performance review of the CEO as set out in the Terms of Reference for the Committee and Clause 13 and Schedule 2 of the CEO s Employment Agreement with the Council. The review process during the last two years has included the appointment of an independent recruitment consultant to conduct the review which is scheduled to occur in September each year. The timing of the review for was brought forward to July 2014 to enable consideration of the matter prior to the commencement of the caretaker period for the 2014 local government elections. CEO Performance Review and Remuneration Committee - 30 March 2015 Page 6
7 Item DISCUSSION 2.1 Review Process The Review process undertaken in previous years has essentially been conducted in accordance with the stages outlined in Attachment 2. Some minor changes to this process occurred temporarily last year to accommodate the caretaker period. The process outlined in Attachment 2 comprises nine key steps: 1. Process established 2. Consultant appointed 3. CEO reports to the Committee on his performance 4. Evaluation process established 5. Evaluation conducted 6. Consideration of review findings 7. Establish KPIs for next year 8. Agree on final ratings and remuneration 9. Council considers Committee s recommendations 2.2 Review processes conducted by other Councils By way of comparison, other Council s conduct their reviews as follows: City of Marion All KPIs reviewed each year Any additional KPIs considered relevant at the time are also considered. Mayor and all elected members are consulted Review is facilitated by a lawyer. City of Walkerville All KPIs reviewed each year Consultation occurs with the Mayor and all elected members including a range of stakeholders including other CEOs, schools, direct reports to the CEO, team leaders and a 360 degree review with all staff. City of Marion All KPIs reviewed each year Consultation occurs with the Mayor, all elected members, Directors and Managers Review is facilitated by an independent consultant. Undertook smaller scale review last year where consultation was limited to the CEO Performance Review Committee and Directors. Reverting to full review again this year. 2.3 Proposed Consultant s Brief It is important that the Committee has access to an independent and experienced facilitator and recruitment consultant throughout the review process to provide sound methodology and professional advice, and to avoid the situation where staff may become involved in conversations with the CEO about his performance. CEO Performance Review and Remuneration Committee - 30 March 2015 Page 7
8 Item 10.1 The Committee has delegation within its Terms of Reference to engage consultants to assist the Committee with its activities. The use of external consultants to undertake the Review is considered a prudent risk management measure to ensure individuals with the appropriate skills and qualifications undertake the review and inform the Committee in relation to the CEO s performance and remuneration. A proposed brief has been provided as Attachment 3 to this report. The brief details the requirements that an external consultant would need to address within their proposal and covers: The scope of the review Requirements to be addressed in the submission Evaluation criteria against which the submissions will be assessed. The following external consultants have been identified as suitable providers to facilitate the review process and it is suggested that they be invited to provide a submission and quote: AME Recruitment Hender Consulting McArthur Staff will facilitate the appropriate procurement process in accordance with Council s Tenders and Contracts Policy, with the Committee forming the membership of the Evaluation Panel. To streamline the process, the Committee could consider authorising the Manager Strategy and Governance to appoint the consultant on behalf of the Committee after consultation with the Evaluation Panel. It is recommended that the successful consultant be appointed to conduct the CEO s performance review and remuneration review on an annual basis for the duration of the current Council term (ie the next four reviews). This will achieve the following benefits: Negate the need to conduct a separate procurement process each year The Committee will be in a better position to negotiate value for money with the successful consultant as part of the procurement process The consultant will develop an understanding of how the Council operates Enable the Committee, CEO and the consultant to develop a positive working relationship over a longer period of time and provide continuity for the sake of the CEO and the Committee. 3 POLICY IMPLICATIONS 3.1 Financial / Budget The estimated cost to Council to undertake a review process similar to those conducted in previous years using external consultants is in the order of $10,000 per review. Funds have been allocated in the budget for this financial year and next financial year to undertake the CEO Performance Review and Remuneration process for A budget allocation would be included in future financial year budgets in the event that the Committee resolves to recommend appointment of a consultant for the duration of the Council term. It is likely that the total expenditure for the four reviews would be less than $40,000. CEO Performance Review and Remuneration Committee - 30 March 2015 Page 8
9 3.2 Legal and Risk Management The CEO s Employment Agreement contains specific clauses regarding performance and remuneration which must be undertaken each year. Item 10.1 The use of external consultants to undertake the review is considered a prudent risk management measure to ensure individuals with the appropriate skills and qualifications are undertaking the review and informing the Committee in relation to the CEO s performance and remuneration. Guidelines for procuring consultants between $10,000 and $50,000 are established for the City of Tea Tree Gully and the Manager Strategy and Governance would assist the Committee to work through the process outlined in these guidelines. These guidelines essentially require the purchasing delegate to: Follow the procurement process established for the City of Tea Tree Gully Ensure compliance with section 49 of the Act Use the Best Practice Purchasing Checklist - $10,000 (ex GST) to $50,000 (ex GST) to ensure that best practice purchasing on behalf of Council is followed and that probity and compliance requirements are maintained Negotiate with the preferred consultant to improve value for money in the procurement of services Ensure that a clear and precise audit trail is kept. The quotation documentation forwarded to potential consultants would include a set of conditions that would enable the Committee to terminate the contract in the event that the services provided were not deemed satisfactory. 3.3 Staffing / Work Plans The review is factored into work plans with the assistance of a recruitment consultant. Impacts on Council resources based on the recommendations of this report can be accommodated within current work plans. If no consultant is appointed this may have a more significant impact on staff resources. 3.4 Environmental N/A 3.5 Social N/A 3.6 Strategic Plan / Policy The review of the CEO s performance and remuneration is closely aligned to the delivery of Council s strategic management plans, including the Strategic Plan, Long Term Financial Plan and the Annual Business Plan. 3.7 Stakeholder Engagement No stakeholder engagement has occurred at this stage. CEO Performance Review and Remuneration Committee - 30 March 2015 Page 9
10 Item Promotion / Communications The CEO will need to be kept informed of any decision regarding this matter. 4 REPORT CONSULTATION Given the nature of this report, no internal consultation has been undertaken other than with the Manager Organisational Development and Manager Procurement and Contract Management. Attachments 1. Clause 13 and Schedule 2 from Employment Contract Proposed CEO Performance and Remuneration Review Process Request for Quote Facilitator - CEO Performance and Remuneration Review - Brief15 Report Authorisers Ingrid Wilkshire Manager Strategy and Governance CEO Performance Review and Remuneration Committee - 30 March 2015 Page 10
11 Attachment 1 Item 10.1 Clause 13 and Schedule 2 from Employment Contract Attachment 1 CEO Performance Review and Remuneration Committee - 30 March 2015 Page 11
12 Attachment 1 Item 10.1 Clause 13 and Schedule 2 from Employment Contract Attachment 1 CEO Performance Review and Remuneration Committee - 30 March 2015 Page 12
13 Proposed CEO Performance and Remuneration Review Process Attachment 2 Attachment 2 Item 10.1 CEO Performance Review and Remuneration Committee - 30 March 2015 Page 13
14 Attachment 2 Item 10.1 Proposed CEO Performance and Remuneration Review Process Attachment 2 CEO Performance Review and Remuneration Committee - 30 March 2015 Page 14
15 Attachment 3 Item 10.1 Request for Quote Facilitator - CEO Performance and Remuneration Review - Brief Attachment 3 CEO Performance Review and Remuneration Committee - 30 March 2015 Page 15
16 Attachment 3 Item 10.1 Request for Quote Facilitator - CEO Performance and Remuneration Review - Brief Attachment 3 CEO Performance Review and Remuneration Committee - 30 March 2015 Page 16
17 Attachment 3 Item 10.1 Request for Quote Facilitator - CEO Performance and Remuneration Review - Brief Attachment 3 CEO Performance Review and Remuneration Committee - 30 March 2015 Page 17
18 Attachment 3 Item 10.1 Request for Quote Facilitator - CEO Performance and Remuneration Review - Brief Attachment 3 CEO Performance Review and Remuneration Committee - 30 March 2015 Page 18
19 Request for Quote Facilitator - CEO Performance and Remuneration Review - Brief Attachment 3 Attachment 3 Item 10.1 CEO Performance Review and Remuneration Committee - 30 March 2015 Page 19
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