Agenda of Extraordinary Council Meeting

File Ref: 19/1058

REPORT TO: Council - Extraordinary

MEETING DATE: Friday 4 October 2019

FROM: Acting Chief Executive

Bruce Allan

SUBJECT: Notice of Motion

1.0 PURPOSE AND SUMMARY - TE KAUPAPA ME TE WHAKARĀPOPOTOTANGA

1.1 A Notice of Motion from Councillor Schollum has been submitted to the Extraordinary Council meeting for consideration as follows.

“That live streaming of public Council meetings commence from the Extraordinary Council Meeting to be held on Friday 4 October, 2019 at 9.00am”.

1.2 Council resolved at its meeting on 26 September 2019 to commence live streaming of Council meetings effective from the next meeting to be held 10 October 2019.

1.3 Given the change of schedule, it is perfectly reasonable for live streaming to be considered at the start of this meeting to ensure public transparency.

1.4 A Notice of Motion can be submitted under Standing Orders 26.1 below:

26.1 Notice of intended motion to be in writing

Notice of intended motions must be in writing signed by the mover, stating the meeting at which it is proposed that the intended motion be considered, and must be delivered to the chief executive at least 5 clear working days before such meeting. [Notice of an intended motion can be sent via email and include the scanned electronic signature of the mover.]

Once the motion is received the chief executive must give members notice in writing of the intended motion at least 2 clear working days’ notice of the date of the meeting at which it will be considered.

1.5 The Acting Chief Executive has advised he will waive the five clear working day requirement as the required three days’ notice of an Extraordinary Council meeting negate this as a possibility.

2.0 RECOMMENDATIONS - NGĀ TŪTOHUNGA

A) That the Extraordinary Council receives the report titled Notice of Motion

B) That Council adopt the following Notice of Motion:

· That live streaming of public Council meetings commence from the Extraordinary Council Meeting to be held on Friday 4 October, 2019 at 9.00am”.

Attachments:

There are no attachments for this report.

File Ref: 19/1054

REPORT TO: Council - Extraordinary

MEETING DATE: Friday 4 October 2019

FROM: Acting Chief Executive

Bruce Allan

SUBJECT: Release of Information from a Public Excluded Session

1.0 PURPOSE AND SUMMARY - TE KAUPAPA ME TE WHAKARĀPOPOTOTANGA

1.1 The purpose of this report is to update the Council on action taken by the Acting Chief Executive to release information into the public domain from a report which was considered in a public excluded session of the Council on 10 September 2019. Following information that the contents of the report had been leaked to the community and the press by person(s) unknown, the Acting Chief Executive has recommended to review the report and release the parts of the report which can be made available to the public.

1.2 In accordance with Section 46A Schedule 7 of the Local Government Official Information and Meetings Act 1987, (LGOIMA) the Chief Executive proposed that the Drinking Water Capital Programme Update should be considered in a public excluded session of a Council meeting.

1.3 The Chief Executive may propose to exclude from the reports or items from reports “that he or she reasonably expects the meeting to discuss with the public excluded, and indicates on each agenda the items that he reasonably expects the meeting to discuss with the public excluded” (S46A (8) LGOIMA).

1.4 The reason the report was excluded was under Section 7 (2) (i) of LGOIMA: The withholding of the information is necessary to enable the local authority to carry on without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). The report contained commercially sensitive information that could impact on future contract negotiations.

1.5 The report also contained a business case on options for “Water Central” together with an outline of high level/estimated costs and options. The report was assessed to be of high significance under the Council’s significance and engagement policy. This rating requires extensive community engagement both with the communities affected and the wider District.

1.6 In accordance with LGOIMA, all councillors were provided with an agenda and a copy of all Council reports on 5 September 2019

1.7 At the meeting the Council was asked to pass a resolution to move into public excluded session. This resolution was passed by all councillors present without debate.

1.8 Following the meeting the contents of the report were passed onto a third party and elements of the report were published in Hawke’s Bay Today.

1.9 The Council is bound by Council’s Standing Orders with regard to the disclosure of information as follows:

17.1 Non-disclosure of information

No member or officer may disclose to any person, other than another member, officer or person authorised by the chief executive, any information that has been, or will be, presented to any meeting from which the public is excluded, or proposed to be excluded.

This restriction does not apply where a meeting has resolved to make the information publicly available or where the chief executive has advised, in writing, that one or both of the following apply:

(a) there are no grounds under LGOIMA for withholding the information;

(b) the information is no longer confidential.

17.2 Release of information from public excluded session

A local authority may provide for the release to the public of information which has been considered during the public excluded part of a meeting.

Each public excluded meeting must consider and agree by resolution, what, if any, information will be released to the public. In addition the chief executive may release information which has been considered at a meeting from which the public has been excluded where it is determined the grounds to withhold the information no longer exist. The chief executive will inform the subsequent meeting of the nature of the information released.

1.10 In view of the fact that some of the information has been placed in the public arena, the Acting Chief Executive has decided to release the full report, redacting content only where information is commercially sensitive, to protect individuals, Council’s ongoing negotiations and external funding decisions.

1.11 A copy of the redacted report and Business Case (Attachment 1 and 2) and the open and public excluded minutes (Attachment 3) are attached to this Agenda.

2.0 RECOMMENDATIONS - NGĀ TŪTOHUNGA

A) That the Extraordinary Council receives the report titled Release of Information from a Public Excluded Session

Attachments:

1 ⇩	Redacted Council Report 10 September 2019	CG-14-1-01559
2 ⇩	Water Central Business Case with Redaction	CG-14-1-01560
3 ⇩	Open and Public Excluded minutes from Council meeting 10 September 2019	CG-14-1-01561

File Ref: 19/1055

REPORT TO: Council - Extraordinary

MEETING DATE: Friday 4 October 2019

FROM: Mayor

Sandra Hazlehurst

SUBJECT: Investigation into the Unauthorised Disclosure of Confidential Information

1.0 EXECUTIVE SUMMARY - TE KAUPAPA ME TE WHAKARĀPOPOTOTANGA

1.1 The purpose of this report is to obtain a decision from Council to instruct the Chief Executive to appoint an independent and appropriately qualified person to investigate the unauthorised disclosure of confidential information.

1.2 Councillors attended an informal and internal Council meeting at 5.00pm on Friday 27 September 2019. The Acting Chief Executive, attended the start of the meeting then left the room for Councillors to discuss matters amongst themselves.

1.3 All Councillors in attendance at this meeting were unanimous in their decision that they wanted to;

· Request the Chief Executive to prepare a Declaration that they may sign to state they have no involvement with the unauthorised disclosure of confidential information. Signing of this declaration is to be entirely voluntary and the decision of individual members alone.

· Convene an Extraordinary Council Meeting to consider an investigation into the unauthorised disclosure of confidential information.

1.4 The requested Declaration is attached as Attachment 1.

1.5 The Chief Executive will conduct an internal investigation into the unauthorised disclosure of confidential information.

1.6 For the Chief Executive to extend the scope of his investigation to include Council, he needs a decision by way of a Council resolution to investigate the possible actions and/or omissions of Councillor/s which may have led directly or indirectly to the unauthorised disclosure of confidential information.

1.7 This report contributes to the purpose of local government by Council taking action as required to help ensure Council and Councillors comply with Hastings District Council Standing Orders to ensure best practice in the conduct of our meetings, compliance with legislation and public confidence in our decision making processes.

2.0 BACKGROUND – TE HOROPAKI

2.1 A Hastings District Council Meeting was held on Tuesday 10 September 2019 commencing at 10.30am in the Hastings District Council Chambers.

2.2 Agenda Item 8 “Recommendation to Exclude The Public From Items 9 and 10” was moved by Mayor Hazlehurst and seconded by Councillor Heaps. The motion was voted on and the Recommendation was adopted.

2.3 The report for Agenda Item 9 was public excluded under Section 7 (2)(i) of The Local Government Official Information and Meetings Act 1987, namely the withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

3.0 DISCUSSION - TE MATAPAKITANGA

3.1 Section 6 of the Hastings District Council Councillor Code of Conduct specifies protocols for Councillor engagement with Media.

“The media play an important part in the operation and efficacy of local democracy. In order to fulfil this role the media needs access to accurate and timely information about the affairs of Council.

From time to time individual members will be approached to comment on a particular issue either on behalf of the Council, or as an elected member in their own right. When responding to the media members must be mindful that operational questions should be referred to the Chief Executive and policy-related questions referred to the Mayor or the member with the appropriate delegated authority.

When speaking to the media more generally members will abide by the following provisions:

Media contact on behalf of the Council, the Mayor or chairperson is the first point of contact for an official view on any issue, unless delegations state otherwise. Where the Mayor/chair is absent requests for comment will be referred to the deputy Mayor/chair or relevant committee chairperson or portfolio holder;

The Mayor/chair may refer any matter to the relevant committee chairperson or to the Chief Executive for their comment, and no other Member may comment on behalf of the Council without having first obtained the approval of the Mayor/chair.

Elected members are free to express a personal view in the media, at any time, provided the following rules are observed:

Media comments must not state or imply that they represent the views of the Council;

Media comments which are contrary to a Council decision or policy must clearly state that they do not represent the views of the majority of members;

Media comments must observe the other requirements of the Code; for example, comments should not disclose confidential information, criticize, or compromise the impartiality or integrity of staff; and

Media comments must not be misleading and should be accurate within the bounds of reasonableness”.

3.2 Any failure by members to meet the standards set out above represents a breach of this Code.

3.3 If a Councillor/s have released confidential information to the media or other party/ies other than another member, officer or person authorised by the Chief Executive, any information that has been, or will be, presented to any meeting from which the public is excluded, or proposed to be excluded; - Prima Facie this may constitute a breach or breaches of The Hastings District Council Councillor Code of Conduct.

3.4 Section 7 of the Hastings District Councillor Code of Conduct details that in the course of their duties members will occasionally receive information that is confidential. This will generally be information that is either commercially sensitive or is personal to a particular individual or organisation. Accordingly members agree not to use or disclose confidential information for any purpose other than the purpose for which the information was supplied to the member.

4.0 OPTIONS - NGĀ KŌWHIRINGA

Option One

4.1 Instruct the Chief Executive to appoint and commission an independent and appropriately qualified person to investigate the Unauthorised Disclosure of Confidential Information from the Public Excluded Agenda Item “Drinking Water Capital Programme Update” in the Hastings District Council Meeting held in Hastings District Council Chambers on Tuesday 10 September 2019.

4.2 Councillors attended an informal and internal Council meeting at 5.00pm on Friday 27 September 2019.

4.3 All Councillors in attendance at this meeting were unanimous in their decision that they wanted to convene an Extraordinary Council Meeting to consider an investigation into the unauthorised disclosure of confidential information.

Option Two

4.4 Do not instruct the Chief Executive to commission an investigation into the Unauthorised Disclosure of Confidential Information.

5.0 RECOMMENDATIONS - NGĀ TŪTOHUNGA

A) That the Council receives the report titled “Investigation into the Unauthorised Disclosure of Confidential Information”.

B) That the Council receives the Declaration prepared as requested by Council and attached as Attachment 1 (CG-14-42-00049).

C) That Council notes that the Chief Executive will conduct an internal investigation into the unauthorised disclosure of confidential information.

D) That the Council instruct the Chief Executive:

· to appoint and commission an independent and appropriately qualified person to investigate the Unauthorised Disclosure of Confidential Information from the Public Excluded Agenda Item “Drinking Water Capital Programme Update” in the Hastings District Council Meeting held in Hastings District Council Chambers on Tuesday 10 September 2019; and

· to agree the scope and process of the investigation in accordance with best practice. The investigations will be done in good faith and use natural justice principles.

E) That the Chief Executive report the investigation findings and recommendations back to Council at the conclusion of the investigation. The Chief Executive will provide interim progress reports to Council when requested.

Attachments:

1 ⇩

Declaration

CG-14-42-00049

SUMMARY OF CONSIDERATIONS - HE WHAKARĀPOPOTO WHAIWHAKAARO

Fit with Purpose of Local Government - E noho hāngai pū ai ki te Rangatōpū-ā-rohe

The Council is required to give effect to the purpose of local government as set out in section 10 of the Local Government Act 2002. That purpose is to enable democratic local decision-making and action by (and on behalf of) communities, and to promote the social, economic, environmental, and cultural well-being of communities in the present and for the future.

This report contributes to the purpose of local government by Council taking action as required to help ensure Council and Councillors comply with Hastings District Council Standing Orders to ensure best practice in the conduct of our meetings, compliance with legislation and public confidence in our decision making processes.

Link to the Council’s Community Outcomes - E noho hāngai pū ai ki te rautaki matua

This proposal promotes the well-being of communities in the present and for the future Council taking action as required to help ensure Council and Councillors comply with Hastings District Council Standing Orders to ensure best practice in the conduct of our meetings, compliance with legislation and public confidence in our decision making processes.

Māori Impact Statement - Te Tauākī Kaupapa Māori

Not Applicable

Sustainability - Te Toitūtanga

Not Applicable

Financial considerations - Ngā Whaiwhakaaro Ahumoni

Investigation costs are an unbudgeted expense.

Significance and Engagement - Te Hiranga me te Tūhonotanga

This report has been assessed under the Council's Significance and Engagement Policy as being of moderate significance. It is anticipated there will be a high level of public and media interest in the prospect of an investigation and in the investigation itself if it proceeds.

Consultation – internal and/or external - Whakawhiti Whakaaro-ā-roto, ā-waho

Councillors have discussed this matter in depth in their own private and informal meetings and have given clear direction to the Mayor that they wish to have the situation investigated by an independent investigator.

Risks: Legal/ Health and Safety - Ngā Tūraru: Ngā Ture / Hauora me te Haumaru

Council has adopted ‘Governance Failure’ as Risk number 14 on the Council Strategic Risk Register.

The relevant Threat to Governance Failure is;

Lack of a high performance team culture with all members committed to engaged, quality governance; celebrating debate, diversity, thoughtful challenge and respectful dissent.

Rural Community Board - Ngā Poari-ā-hapori

Not Applicable

Declaration

Attachment 1

4 October 2019

Personal Declaration

Background

At a meeting of the Hastings District Council on Tuesday 10 September 2019 commencing at 10.30am, Councillors voted to move the meeting to a public excluded status under Section 48(1)(a)(i) of the Local Government Official Information and Meetings Act 1987.

A report titled ‘Drinking Water Capital Programme Update’ was the item on the agenda discussed with the public excluded.

This report was public excluded under Section 7 (2)(i) of the Local Government Official Information and Meetings Act 1987, namely the withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

Information from this report appears to have been provided to the Hawke’s Bay Today Newspaper and to Ms Astrid Austin a reporter employed by the Hawke’s Bay Today Newspaper.

You are invited to make the following confirmations and declarations.

I Councillor___________________________________;

Confirm

I understand that the signing of this declaration and submission of it to the Chief Executive of Hastings District Council is entirely voluntary.

And, I Declare I Have Not;

1. Provided any information via any channel or through any person from the publicly excluded report titled ‘Drinking Water Capital Programme Update’ to the Hawke’s Bay Today Newspaper and/or staff employed by the Hawke’s Bay Today Newspaper.

2. Any knowledge of or information about who may have provided via any channel or through any person any information from the publicly excluded report titled ‘Drinking Water Capital Programme Update’ to the Hawke’s Bay Today Newspaper and/or staff employed by the Hawke’s Bay Today Newspaper.

Signature Witness Signature

Name in Full Name in Full

Date Date

Hastings District Council

Lyndon Road East, Hastings