selection panel members means the councillors, and other persons who are not councillors, who are appointed to a selection panel by a council under subclause (2)(b) or (c) .
(2) For the purposes of section 61A(1)(c) of the Act, the procedures to be followed by a council in relation to appointing a general manager are specified as follows:
(a) the council is to appoint a selection panel;
(b) a selection panel appointed by the council –
(i) must comprise councillors in the majority; and
(ii) may comprise one or more other persons, who are not councillors, who have relevant skills and experience;
(c) the council must engage at least one person, who is not a councillor and who may or may not also be appointed to a selection panel by the council, who can inform selection panel members on contemporary human resources practices and procedures due to the person so engaged –
(i) having experience in the recruitment of senior management personnel; and
(ii) holding appropriate qualifications in contemporary human resource practices and procedures;
(d) the mayor is to lead a selection panel;
(e) throughout the appointment process selection panel members and relevant persons must –
(i) monitor the circumstances and identify any actual or potential conflict of interest; and
(ii) disclose, in writing, any identified conflict of interest to each selection panel member;
(f) the selection panel members are to review a conflict of interest disclosed under paragraph (e)(ii) and are to decide whether or not the conflict of interest can be mitigated and the mitigation measures, if any, that are appropriate in the circumstances;
(g) if a majority of selection panel members decide under paragraph (f) that a disclosed conflict of interest –
(i) can be mitigated, the selection panel member or relevant person who has the disclosed conflict of interest may continue to be a selection panel member or relevant person; or
(ii) cannot be mitigated, the selection panel members must refer the disclosed conflict of interest to the council;
(h) a majority of selection panel members for the purposes of paragraph (g) must include the decision of the mayor;
(i) if a disclosed conflict of interest is referred to a council under paragraph (g)(ii) , the council is to review the decision made by the selection panel members and is to make a determination in relation to whether or not –
(i) the disclosed conflict of interest can be mitigated and the mitigation measures, if any, that are appropriate; and
(ii) the person to whom the disclosed conflict of interest relates can continue to be a selection panel member or relevant person;
(j) if a council determines under paragraph (i) that a person with a disclosed conflict of interest cannot continue –
(i) to be a selection panel member, the council –
(A) must replace the selection panel member if, without the replacement, councillors will no longer form a majority of the selection panel members; and
(B) may replace the selection panel member if, without the replacement, councillors will continue to form a majority of selection panel members; and
(C) must replace the selection panel member if that member is also the mayor; and
(ii) to be engaged by a council under paragraph (c) , the council –
(A) must replace the person, if the person is the only person engaged under paragraph (c) ; and
(B) may replace the person, if the person is not the only person engaged under paragraph (c) ; and
(iii) to provide administrative assistance to a selection panel member or to a person engaged by a council under paragraph (c) , the selection panel member or the person so engaged may replace the person;
(k) a council is to provide the selection panel members with details of any –
(i) determination made by the council under paragraph (i) ; and
(ii) replacements made by the council under paragraph (j) ;
(l) a selection panel must record details of any –
(i) conflict of interest disclosed to the selection panel under paragraph (e) ; and
(ii) decision made by the selection panel under paragraph (f) ; and
(iii) mitigation measures decided by the selection panel under paragraph (f) ; and
(v) details provided by the council in accordance with paragraph (k) ;
(m) a selection panel must record details of the process undertaken by the selection panel to recommend the appointment of a person as general manager, including any details recorded under paragraph (l) and details of the selection panel’s evaluation of each applicant against the role description, and selection criteria, for the position of general manager, and those details must be recorded in the minutes of a closed council meeting;
(n) a selection panel is to make recommendations, in relation to the appointment of a person as general manager, and a report on the recommendations must be prepared and recorded in the minutes of an open or closed council meeting.
Section 6 - Local Government (Appointment and Performance of General Managers) Order 2024 - Procedures to be followed by councils when appointing general managers | Zoe