Notice of Meeting:
I hereby give notice that an ordinary meeting of the Dunedin City Council will be held on:
Date: Tuesday 5 December 2023
Time: 10.00 am
Venue: Council Chamber, Dunedin Public Art Gallery, The Octagon, Dunedin
Mayor Jules Radich
Cr Cherry Lucas
Cr Bill Acklin
Cr Sophie Barker
Cr David Benson-Pope
Cr Christine Garey
Cr Kevin Gilbert
Cr Carmen Houlahan
Cr Marie Laufiso
Cr Mandy Mayhem
Cr Jim O'Malley
Cr Lee Vandervis
Cr Steve Walker
Cr Brent Weatherall
Cr Andrew Whiley
Senior Officer Sandy Graham, Chief Executive Officer
Governance Support Officer Lynne Adamson
Governance Support Officer
Telephone: 03 477 4000
Note: Reports and recommendations contained in this agenda are not to be considered as Council policy until adopted.
5 December 2023
2 Proposed Governance Approach to Strategies, Plans and Programmes of Work 4
Resolution to Exclude the Public 14
5 December 2023
Proposed Governance Approach to Strategies, Plans and Programmes of Work
Department: Corporate Policy and Civic
1 Council has a range of strategies and plans that require governance oversight. The proposed approach clarifies decision-making and reporting requirements related to governance oversight.
2 The proposed approach has been developed in reference to the DCC’s Committee Structure and Delegations Manual (2023).
That the Council:
a) Approves the proposed governance approach.
b) Notes that Terms of Reference for an Advisory Panel for the Zero Carbon Plan will be drafted for the 12/13 December 2023 Council meeting.
c) Agrees that Terms of Reference for an Advisory Panel for the Dunedin Destination Management Plan be drafted for the 12/13 December 2023 Council meeting.
d) Notes that the Committee Structure and Delegations Manual will be updated with the approved governance approach.
3 In September 2023, Council resolved the following:
“Moved (Mayor Jules Radich/Cr Brent Weatherall):
“That the Council:
a) Requests a report for the October 2023 Council meeting on governance options for the oversight of the implementation of the Zero Carbon Plan.”
The Council voted by division:
For: Crs Bill Acklin, Sophie Barker, David Benson-Pope, Christine Garey, Kevin Gilbert, Carmen Houlahan, Marie Laufiso, Cherry Lucas, Mandy Mayhem, Jim O'Malley, Steve Walker, Brent Weatherall, Andrew Whiley and Mayor Jules Radich (14).
Against Cr Lee Vandervis (1).
The division was declared CARRIED by 14 votes to 1
Motion carried (CNL/2023/213)”
4 At the same meeting, Council also requested a report on governance options for the wellbeing strategies as follows:
“Moved (Cr Sophie Barker/Cr Marie Laufiso):
That the Council:
e) Requests a staff report on governance options for the wellbeing strategies to be reported back in November 2023.
Motion carried (CNL/2023/002)”
5 Historically, a range of governance approaches have been applied across key DCC strategies. For example,
· the Economic Development Strategy was overseen by the Grow Dunedin Partnership which originally had relatively sizable financial delegations;
· the Social Wellbeing Strategy was overseen by the Social Wellbeing Advisory Group;
· Ara Toi was overseen by the Creative Dunedin Partnership; and
· Te Ao Tūroa was overseen by the Te Ao Tūroa Partnership, which was delegated to award grants for environmental community projects.
6 Each of these groups were constituted differently, had different membership in their Terms of Reference, and had a variety of reporting requirements and other delegations. Some included staff as members. Some were chaired by Councillors, but others had independent chairs. Although different, the groups often functioned well.
7 In addition to the Zero Carbon Plan and the wellbeing strategies, Council has a wide range of strategies and plans currently being developed, implemented, or planned for future development.
8 A proposed governance approach to determine what if any governance oversight is needed over the development and / or implementation of council’s strategies and plans is presented for consideration.
9 A governance approach will clarify decision-making and reporting requirements across all the DCC’s strategies and plans in a consistent, transparent, and aligned way, and will ensure governance oversight is upheld across key DCC strategic activities.
10 The proposal for a consistent approach to governance reflects the view of Council that a more aligned approach is appropriate. This is timely given the work that is underway on the Strategic Refresh and across various action plans in the Council Forward Work Programme.
11 The Council and Committee Forward Work Programmes and action lists provide a level of governance oversight through high level updates to Councillors on the work being undertaken on various strategies and plan but do not guarantee of any reporting.
12 A proposed approach has been developed to help clarify the level of governance needed for Council’s strategies and plans, and to better determine what reporting requirements are needed to uphold best-practice. The proposed governance approach aims to provide clarity on roles, responsibilities and reporting expectations, and support better decision-making.
Types of Governance Groups
13 Certain types of governance oversight are currently provided for in the Committee Structure and Delegations Manual. In particular:
Council and Committees including Subcommittees, Joint Committees, Standing Committees
14 Council and Committees have decision-making delegations and oversee DCC’s strategies and plans. For Council, membership is restricted to elected members. For committees, in respect of joint committees or subcommittees, with Council approval, external members (non-elected) may be approved.
15 Advisory Panels are panels where elected members and representatives from partners, stakeholders and the community can be constituted to provide advice on plans or strategies. An Advisory Panel may have specific delegations related to a specific strategy or plan but will not generally have the authority to make decisions. Staff provide support to the Advisory Panels based on their terms of reference of the Advisory Panel.
16 The purpose of an Advisory Panel is to monitor progress on the development of a specific strategy or plan, or its implementation, for example, the Social Wellbeing Advisory Group which oversees the Social Wellbeing Strategy, and the Heritage Action Plan Advisory Group which oversaw the development of a draft Heritage Action Plan.
17 Note that the word ‘group’ and ‘panel’ appears have been used interchangeably over time.
18 A proposed approach to determine the requirement for government oversight over Council’s strategies and plans, and their implementation, is set out below.
19 Step 1 - For each new strategy, plan or programme of work, Council or the relevant committee will establish what, if any, governance oversight is required for the activity. This will be done at the time of adopting/approval of the strategy, plan or programme of work. If governance oversight is required, Council or the Committee will determine if this is directly to the committee or through an Advisory Panel. The work will be added to the Forward Work Programme of the Committee.
20 Step 2 – If an Advisory Panel was required, a future report would be presented to a Council or Committee meeting, with draft terms of reference for the Advisory Panel for approval.
21 The Terms of Reference would cover the following:
· Purpose of the Advisory Panel – advise, bring experience and knowledge,
· Powers, duties and functions – delegations, ability to co-opt onto the panel if for example, expertise is required.
· Reporting requirements – define the nature and regularity of reporting required, i.e., formal, updating, community (discussed below).
· Membership – internal and external members (if required), Chair, quorum.
· Timeframes – clearly setting out the expected term of the Advisory Panel.
· Staff support.
· Remuneration, if required.
22 Step 3 - If external membership on the advisory panel was required, a public expressions of interest process would be undertaken to find the skills needed.
23 The approach enables Council to adapt or change the level of governance oversight or reporting requirements over time, depending on the changing needs of a specific strategy or plan.
24 A key element to the improved governance oversight is that reporting will be consistent across key areas of the strategic work.
25 The approach allows flexibility, so some strategies and plans may only require one type of reporting, while others will require two or three types of reporting. The rationale for which type of reporting is needed, is determined by what is needed to uphold and support good governance practice and decision-making.
26 Formal reporting to Council or Committees will be focussed on the outcomes and outputs associated with specific strategies and plans. Reports are detailed on the Council or Committee Forward Work Programmes. This type of reporting supports decision making by Council on specific matters related to strategies and plans. This will be formal reports by staff. Formal reporting may seek decisions.
27 Update reporting to Council, Committees or Advisory Panels focus on how a strategy or plan is progressing against its annual workplan. This type of reporting monitors progress and provides advice, but it does not seek decisions. The timing for these would be made through the formal reporting framework. Updated reports would generally be captured in the Forward Work Programme and will be either from a staff member or from the group or panel. Reporting requirements will be in the Terms of Reference.
Community Reporting/ Informal
28 Reporting to the community on strategies and plans includes existing Council community reporting such as the DCC’s annual report but can include providing online updates and engagement. A recent example is DCC’s early engagement on the 10 Year Plan.
29 Community reporting can include presenting at community events, for example, staff hosted a DCC stall at the 2023 Otago Polyfest, or hosting engagement opportunities across different localities or with specific communities, such as the recent engagement activities with South Dunedin communities. Community reporting could also include a ‘stakeholder event’ where several plans or strategies are presented, depending on what communities are interested in or deem most relevant.
30 Below is a hypothetical scenario to show how the proposed governance framework could be applied in practice.
31 Scenario A: Social Wellbeing Strategy
Background. Governance oversight is currently provided through the Social Wellbeing Advisory Group (SWAG). SWAG has no delegations to make decision and no formal reporting requirements outside of the group.
Strengths. It functions well, and there is a good breadth among its wide membership. There is a strong commitment by members to work together and share key wellbeing information from across the city.
Weaknesses. It is unclear what ‘influence’ the group has on improving council activity related to wellbeing. It is not clear what SWAG can do to support positive change among the other organisations represented by its members.
Proposed Governance Framework:
What type of governance best supports the Social Wellbeing Strategy?
Advisory – this enables a wide membership including councillors, which is a key strength that SWAG currently has.
What type of reporting best supports the Social Wellbeing Strategy?
All three reporting types are needed for this strategy. Below are hypothetical examples of how this could work.
· Formal – Annual report to Council on key strategy outcomes. Requests for decisions to be made by Council and for possible funding to deliver against the strategic outcomes.
· Updates – Quarterly update report from staff to SWAG based on an approved workplan related to the Social Wellbeing Strategy
· Community – Annual event related to Social Wellbeing or a combined event with the other three wellbeing strategies. This ensures the wider community is updated on outcomes related to wellbeing across the city.
32 In developing this scenario, staff considered what other councils are doing in governance and with their advisory groups/panels. One example is Wellington City Council and their annual application process for selecting members to five Advisory Groups. The five advisory groups present to Council on a regular basis. See; Meetings - Join an Advisory Group - Wellington City Council.
33 If the proposed approach is approved, it is recommended that a report be presented to a future Council, discussing recently adopted plans and their need for governance oversight.
34 It is also recommended that a draft Terms of Reference be presented to council for governance oversight of the Dunedin Destination Management Plan, and as requested by Council at its meeting on 25 September 2023, a draft Terms of Reference will be prepared for the Zero Carbon Plan.
35 Council approval is sought on the proposed governance approach. Two options have been identified.
Option One – Council approves the proposed governance approach
· Provides decision making on governance oversite in a consistent, transparent, and aligned way.
· There are no identified disadvantages.
Option Two – Council does not approve the proposed governance approach
· No identified advantages.
· Missed opportunity to provide greater consistency in governance oversight in relation to the DCC’s strategies and plans.
36 If Council approves the proposed governance approach, the next steps are:
· To update the proposed governance approach with the DCC’s Committee Structure and Delegations Manual (2023)
· To apply the proposed governance approach to the Destination Management Plan and bring a report to the 12/13 December 2023 Council meeting.
· To draft Terms of Reference for an Advisory Panel for the Zero Carbon Plan for the 12/13 December 2023 Council meeting.
· To work with the Chairs and their groups across the current Wellbeing Strategies to workshop applying the proposed Governance Framework. This will help determine what level of reporting and governance oversight is needed to best support governance for each wellbeing strategy going forward.
Gina Huakau - Corporate Policy Manager
Sharon Bodeker - Special Projects Manager
Sandy Graham - Chief Executive Officer
There are no attachments for this report.
SUMMARY OF CONSIDERATIONS
Fit with purpose of Local Government
The Strategic Refresh enables democratic local decision making and action by, and on behalf of communities. It also promotes the social, economic, environmental, and cultural well-being of communities in the present and for the future.
Fit with strategic framework
The proposed governance framework encapsulates all of the above strategies.
Māori Impact Statement
Option One supports the DCC in being a good Treaty partner by providing an opportunity for Council to consider governance options over its strategies and plans.
Supporting consistent governance arrangements and reporting will promote social, economic, environmental and cultural well-being of communities in the present and for the future.
LTP/Annual Plan / Financial Strategy /Infrastructure Strategy
Supporting consistent governance arrangements and reporting is expected to bring greater visibility and clarity as to how delivery of strategic outcomes is overseen and monitored.
There are no financial considerations.
This report is considered to be of low significance in terms of the Significance and Engagement Policy.
Engagement – external
There has been no external engagement.
Engagement - internal
Governance Support Office has been engaged in regard to understanding existing DCC governance groups. Zero Carbon team has been engaged regarding governance options for the implementation of the Zero Carbon Plan.
Risks: Legal / Health and Safety etc.
There are no identified risks.
Conflict of Interest
There are no known conflicts of interest.
No direct implications for Community Boards have been identified.
5 December 2023
Reasons for passing this resolution in relation to each matter
Ground(s) under section 48(1) for the passing of this resolution
Reason for Confidentiality
3 Infrastructure Related Purchase
The withholding of the information is necessary to maintain legal professional privilege.
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 public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987, and the particular interest or interests protected by Section 6 or Section 7 of that Act, or Section 6 or Section 7 or Section 9 of the Official Information Act 1982, as the case may require, which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as shown above after each item.