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Home - 16-2016 – Approval for the temporary appointment of an Acting Chief Executive Officer to the Police and Crime Commissioner for North Yorkshire – 29 March 2016

16-2016 – Approval for the temporary appointment of an Acting Chief Executive Officer to the Police and Crime Commissioner for North Yorkshire – 29 March 2016

Executive Summary and Recommendation:

This Decision Notice sets out the background for the commencement of arrangements for the position of an Acting Chief Executive Officer during a period of absence of the permanent post holder. This will enable the Police and Crime Commissioner to comply with the legislation in that there must be a person appointed to act as chief executive further to Schedule 1 Paragraph 7 of the Police Reform and Social Responsibility Act 2011.

The Police and Crime Commissioner for Cleveland has kindly agreed to make available his Chief Executive Officer, Mr Simon Dennis, on a 0.20 FTE basis. Therefore, it is recommended that the Commissioner:

  • Agree to the proposed arrangements for Mr Dennis.
  • Formally propose to the Police and Crime Panel the temporary appointment of Mr Simon Dennis as Acting Chief Executive.
  •  Progress, subject to accepting or rejecting the Panel recommendation which will follow a confirmation hearing on 7 April 2016, the proposed appointment by agreeing a s22a Police Reform Act 1996 Collaboration Agreement with the Police and Crime Commissioner for Cleveland in relation to the provision of the agreed services.

Decision

Police and Crime Commissioner decision: Approved

Signature: signature
Date: 29 March 2016
Title: Police and Crime Commissioner

Introduction and Background

The Commissioner’s current post holder, for the purposes of Paragraph 6(1)(a) of Schedule 1 to the Police Reform and Social Responsibility Act 2011 (“PRSRA”), is currently out of force and unable to carry out the statutory duties for the Police and Crime Commissioner.

In such circumstances, the Police and Crime Commissioner has an obligation under Paragraph 7(1) of Schedule 1 to the PRSRA to appoint a person to act as Chief Executive. It is particularly important at the current time due to the imminent Police and Crime Commissioners Elections on 5 May 2016.

Various options have been explored in order to appoint a suitable person that could best serve the needs of the organisation.

The Police & Crime Commissioner for Cleveland has kindly agreed to make available his Chief Executive Officer, Mr Simon Dennis on 0.20 FTE basis (one day a week).  Further to Paragraphs 9-11 of Schedule 1 to the PRSRA, this proposal has been notified to the Police and Crime Panel so that they can review this proposed senior appointment. The Police and Crime Panel must hold a confirmation hearing before making a report and recommendation to Police and Crime Commissioner for North Yorkshire in relation to this proposed appointment –  this hearing is due to take place on 7 April 2016.

Following the confirmation hearing and acceptance or rejection of their recommendation, the Police and Crime Commissioner may then move to enter into, as soon as practicable, a s22A Collaboration with the Police and Crime Commissioner for Cleveland in relation to the provision of services,  the key terms of which have been discussed.

In the interim period until the formal appointment of an Acting Chief Executive, the various statutory roles of the Chief Executive will be covered as follows:

  1. Monitoring Officer – by the Deputy Monitoring Officer, the T/Head of Legal Services
  2. Delegated functions – as per the Scheme of Delegation already in place
  3. Head of Paid Service – by the temporary appointment of a Deputy Chief Executive, the T/Head of Organisation and Development, for only these functions.

2. Other Options Considered

Other temporary arrangements were considered, however, they were discounted on the basis that:

  • There was an opportunity to extend the already successful joint venture with a neighbouring Police and Crime Commissioner.
  • Mr Dennis’ prior knowledge of the organisation due to his previous role as Head of Legal Services for North Yorkshire Police
  • The need for the individual to have the necessary professional qualifications and experience to carry out the role

The circumstances resulting in the need to act without delay, in particular with the up and coming PCC Elections meaning that North Yorkshire needs to have an acting Chief Executive in place.

3. Contribution to Police and Crime Plan Priorities

Supports the effective discharge of the Commissioner’s statutory functions.

Additionally, The Police and Crime Plan includes the three corporate priorities of Transforming the Organisation, People First and Partnerships and Commissioning.  Work towards collaborative agreements through s22A Agreements are one of the means of contributing to these priorities and ensuring the service provided can continue.

4. Implementation and Resourcing Implications

There has been an agreement between the Police and Crime Commissioners for Cleveland and North Yorkshire that North Yorkshire will reimburse Cleveland for the full costs of the 0.2FTE plus reasonable expenses incurred by Mr Dennis. This will form part of and will be subject to a full collaboration agreement.

5. Consultations Carried Out

Consultation has been carried out with the Chief Constable (for collaboration law purposes).

6. Compliance Checks

Financial Implications/Value for money:
The financial arrangements will be formally agreed as part of the local policing body collaboration agreement however the payment to Cleveland will reflect 20% (or 1 day) of the costs of the employment of the Chief Executive Officer costs within North Yorkshire plus any additional expenses incurred by Mr Dennis when undertaking work specifically for North Yorkshire.

Legal Implications:
Having read this report and having considered such information as has been provided at the time of being asked to express this view, the Acting Force Solicitor and Head of Legal Services is satisfied that this report does not ask the PCC for North Yorkshire to make a decision which would (or would be likely to) give rise to a contravention of the law

Human Resources Implications:
It is recognised that the plans outlined within the Decision Notice are purely of a temporary nature whilst the current permanent CEO is out of Force.  These plans, if approved, will seek to support continuance of our statutory duties.

Public Access to information
As a general principle, the Commissioner expects to be able to publish all decisions taken and all matters taken into account when reaching the decision.  This Notice will detail all information which the Commissioner will disclose into the public domain.  The decision and information will be made available on the Commissioner’s website.

Only where material is properly classified as Restricted under the Government Protective Marking Scheme or if that material falls within the description at 2(2) of The Elected Local Policing Bodies (Specified Information) Order 2011 will the Commissioner not disclose decisions and/or information provided to enable that decision to be made.  In these instances, Part 2 will be used to detail those matters considered to be restricted.  Information in Part 2 will not be published.

All decisions taken by the Commissioner will be subject to the Freedom of Information Act 2000 (FOIA).

Part 2

Is there a Part 2 to this Notice – NO

Report Information

Author(s) : Jane Wintermeyer
Head of Department: T/Head of Legal Services
Executive Group Sponsor(s) : PCC
Date created:  23 March 2016

Background documents: N/A

I confirm that all the above advice has been sought and received against this and any associated Part 2 information and I am satisfied that this is an appropriate request to be submitted for a decision

Signature: Jane Wintermeyer
Date: 29 March 2016

Author to complete at all times

Collaboration agreement

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