001/2016: Extension to the Chief Constable’s Term of Appointment – 12 January 2016

Executive Summary and Recommendation:

The current North Yorkshire Police Chief Constable, Dave Jones, took up office on 3 June 2013. His term of office is due to end on 2 June 2017.

In considering the extension of this appointment the Commissioner has taken account of the successful leadership demonstrated by the Chief Constable since he took up his post. This includes the positive performance of the force across the range of functions and services for which the Chief Constable is responsible.

The period since his appointment has been one of considerable uncertainty and change.  The Chief Constable has in this environment brought stability and reform in the way in which services are delivered all in the context of delivering considerable savings.  The Chief Constable and his senior leaders have brought a positive shift in culture being increasingly seen by a more empowered workforce.  This along with new ways of working are a core component of the leadership he has demonstrated and which is essential to meet the future ongoing significant challenges the police service and force faces.

The Commissioner has given consideration to the needs of the organisation and key deliverables of the Police and Crime Plan over the period of the proposed extension. This includes the significant work that will be needed to meet the ongoing financial challenges; development of collaborative delivery methods and maximising the use of resources in the Operational Policing Model, together with the delivery of the technology and service changes which are core to the work of the Estates Strategy and the IT Strategy.

The present Chief Constable David Jones has national recognition for his contribution to policing. He brings significant skills, expertise, drive and enthusiasm which the Commissioner believes will be of benefit to the public of the North Yorkshire. The extension of the Chief Constable’s contract ensures that this can be the case.

This Decision Notice records that:

The Police and Crime Commissioner for North Yorkshire extends the Chief Constable’s Term of Appointment for three years.  An extension of three years of the Chief Constable’s term would see his term ending in June 2020, shortly after the Police and Crime Commissioner elections which will take place in May 2020.

Decision

Police and Crime Commissioner decision: Approved

Signature: 
Date: 12 January 2016
Title: Police and Crime Commissioner

1. Introduction and Background

The Chief Constable’s current four year fixed term appointment is due to expire on 2 June 2017. Under the current regulations, the fixed term contract can be extended by the Commissioner up to a maximum of three years. There is no requirement to seek Home Secretary approval for such extensions. Extensions do not require confirmatory hearings by the Police and Crime Panel for North Yorkshire.

The Commissioner will be advising the Police and Crime Panel of her decision to extend the appointment of the Chief Constable at this point in time.

In considering the extension of this appointment the Commissioner has taken account of the successful leadership demonstrated by the Chief Constable since he took up his post. This includes the positive performance of the force across the range of functions and services for which the Chief Constable is responsible and the delivery by the Chief Constable and his team of progressive change and the savings required over an extended period of time.

The Commissioner has outlined her ambitions in her Police and Crime Plan. The plan takes cognisance of the ongoing financial challenges facing North Yorkshire Police. The Plan also highlights the dynamic environment in which the Force operates and the high public expectations of the organisation. Both the Commissioner and Chief Constable recognise the need to innovate to meet the challenges faced. Technology sits at the heart of such change. The Chief Constable and Commissioner share a commitment, demonstrated through the work of the Estates Strategy and the IT Strategy to modernise the Force and provide a service that is affordable, sustainable, embraces digital technology and prioritises frontline local policing within the community. The Commissioner believes that continuity in the leadership of the Force is needed to deliver both the benefits desired for the public and lead through times of significant change. The current post holder, Dave Jones, is nationally, regionally and locally recognised and respected as a Chief Constable with considerable skills, expertise, drive and commitment to the police service and he has recently been appointed as the national lead for Citizens in Policing – the area of policing that includes volunteers and the Special Constabulary.

The Chief Constable has established an Affordability Group to look at how best to deliver the right services to the public.  This is set against the background of austerity and financial challenges and keeping local policing at the heart of the policing delivery model.

2. Other Options Considered

The option to retain the ability to appoint a new Chief Constable in 2017 or make a decision later in the current term of appointment has been considered as an alternative.  This has been discounted on the basis of the successful performance and leadership of the Chief Constable since he took up his post along with the view that consistency for the organisation is beneficial under this positive leadership.  Many opportunities exist with potential significant changes in service delivery, across emergency services, partnership working and criminal justice.  Stability in leadership to maximise those opportunities is an important factor during such times of change. In addition, deferring a decision unnecessarily is not consistent with organisational values.

In making this decision cognisance has been taken of the *‘Tone from the top, Leadership, Ethics and Accountability in Policing’ content and recommendations.  Mr Jones’ original appointment was in accordance with relevant recommendations.  It is also recorded as part of this Decision Notice that the conduct of the Chief Constable has met the seven Principles of Public Life and indeed the Chief Constable has championed an organisational approach to embedding and enhancing the ethical working of North Yorkshire Police.

* Report of the Committee on Standards in Public Life June 2015

3. Contribution to Police and Crime Plan Priorities

The Chief Constable and the Commissioner are committed to delivering the Police and Crime Plan priorities and to becoming the most responsive police service in the country.  The Chief Constable has demonstrated that he shares a commitment with the Commissioner to provide a service that is affordable, sustainable, embraces digital technology and prioritises frontline local policing within the community.

4. Implementation and Resourcing, Financial and Equality Implications

There are no financial implications associated with this decision.  The terms for the post will not alter as a result of the extension and therefore the provisions already made in the budget delegated to the Chief Constable will continue.  Salaries for chief officers are set nationally.  The equivalent level of the salary appointed on is £137,133.00.  This has increased since 2013 in line with national pay award.

The Conditions of Service shall be those in force at the time of start of the extension, as prescribed in the Police Reform and Social Responsibility Act 2011, the Police Act 1996 (as amended) and the Police Regulations 2003 (including its subordinate determinations) and / or as set out in the latest Circular adopted in pursuit of PNB agreements on pay and conditions of service of Chief Police officers.

Allowances to which the post-holder is entitled during the period of employment will be payable in accordance with the Police Regulations 2003 in addition to the salary.

The items set out below are amounts paid to or on behalf of Chief Officers in North Yorkshire in addition to salary and expenses regardless of any original terms and conditions of appointment pre-dating 20 December 2013.

Allowance	Detail
Vehicle	Provided with a vehicle of the individuals choice up to £30,000
Chief Police Officer Staff Association	Cost of personal liability insurance provide through CPOSA met by the Police Fund (does not include payment for elements which might be used to cover the costs of proceedings being brought against the organisation)
Removal expenses	Paid as provided for by the Police Regulations 2003 as amended

These conditions of service will continue to apply (unless amended prior to the 3 June 2017), with the vehicle having already been provided.

There are no direct equalities implications in the making of this decision. However, consideration was given to equalities issues in the appointment process employed by the Police and Crime Commissioner for North Yorkshire when making the appointment of the Chief Constable in 2013.

The terms of office for Chief Constables are governed by the Police Regulations 2003 and determinations by the Home Secretary. The extension to the Chief Constable’s contract is being made in line with those requirements.

5. Compliance Checks

The Temporary Head of Joint Legal Services has provided confirmation that the extension appointment is in line with current legislation and regulations.

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 two

Is there a Part 2 to this Notice – NO (please delete as appropriate)

If Yes, what is the reason for restriction –

The Chief Constable is of the opinion that the information included in part 2 falls under Section 2(2) of The Elected Local Policing Bodies (Specified Information) Order 2011, i.e. it

(a)          would be against the interests of national security;

(b)          might jeopardise the safety of any person;

(c)          might prejudice the prevention or detection of crime, the apprehension or prosecution of offenders, or the administration of justice; or

(d)          is prohibited by or under any enactment.

or 

The information included in Part 2 is properly classified as Restricted.

(please delete above as appropriate and complete the following template: Decision Notice-Part 2 template)

Report Information

Author(s) : Joanna Carter

Head of Department: Chief Executive Officer

Executive Group Sponsor(s) : Joanna Carter

Date created:

Background documents:

Nil

Signature:

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: Joanna Carter, Chief Executive Officer

Date: 29 December 2015