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019/2014: Commissioner’s Chief Finance Officer Arrangements – 16 July 2014

Executive Summary and recommendation:

This report sets out the background to the appointment on an interim basis to the statutory officer role of Commissioner’s Chief Finance Officer. (CFO Arrangements)

It is recommended that the Commissioner :

  • Propose to the Police and Crime Panel the appointment of Mr Michael Porter to the position of Commissioner’s Chief Finance Officer
  • Progress, subject to Panel approval of the proposed appointment, with agreeing a s22a Collaboration Agreement with the Police and Crime Commissioner for Cleveland in relation to the provision of Commissioner’s Chief Finance Officer Services

Police and Crime Commissioner decision: Approved

Signature: signature
Date: 16 July 2014
Title: Police and Crime Commissioner

Part 1 – Unrestricted facts and advice to the PCC

  1. Introduction and background

The Commissioner’s current Chief Finance Officer (CFO), Gary Macdonald has been successful in securing a new and exciting opportunity in another organisation.  As a consequence there is a need to appoint a replacement Commissioner’s CFO in order to ensure continuity of cover in this statutory officer role.

Activity to identify a suitable replacement commenced immediately on the notification of resignation from Mr Macdonald.  Various options have been explored in order to determine a route forward that best serves the needs of the organisation.

In the interim period until 31 March 2015, it has been agreed to disaggregate the role of Commissioner’s Chief Finance Officer from the role of Head of Organisation and Development.  This has been done in order to allow additional time in which to assess organisational requirements in relation to these key roles.

  1. Matters for consideration

Paragraph 6(1)(b) of Schedule 1 to the Police Reform and Social Responsibility Act 2011 requires a Commissioner to appoint a Commissioners Chief Finance Officer to be responsible for the proper administration of the commissioner’s financial affairs.  The success of Mr Macdonald in securing an appointment elsewhere has given rise to the need to make another appointment to this statutory role.

Heads of Agreement have been agreed with the Police and Crime Commissioner  for Cleveland in relation to a s22a Collaboration Agreement pertaining to the provision of Chief Finance Officer services.  This will enable an assessment of the efficiency and effectiveness of the arrangement in order to inform decisions on longer term arrangements for the role.  In order to allow time for this assessment it is proposed at this time that the joint venture will endure until 31 March 2015.

Commissioners are required by Paragraph 9 of Schedule 1 to the Police Reform and Social Responsibility Act 2011 to submit proposals for the appointment of a Commissioner’s Chief Finance Officer (CFO) for review by the Police and Crime Panel (the Panel).

In notifying the Panel of a proposed senior appointment it is also a requirement to notify the Panel of:

  • The name of the person the Commissioner is proposing to appoint to the role (“the candidate”);
  • The criteria that were used to assess the suitability of the candidate;
  • Why the candidate satisfies those criteria; and
  • The terms and conditions upon which the candidate is to be appointed.

This detail will be included in a report to the Panel which it is recommended that the Commissioner utilises in order to formally propose the appointment of Mr Michael Porter, currently the Chief Finance Officer to the Police and Crime Commissioner for Cleveland.

Following (and subject to) the approval of the Panel in relation to the appointment, it is recommended that the Commissioner then move to enter into, as soon as is practicable, a s22A Collaboration with the Police and Crime Commissioner for Cleveland in relation to the provision of Chief Finance Officer Services.

  1. Other options considered, if any

Temporary agency arrangements were considered as an alternative but were discounted on the basis that:

  • There was an opportunity to explore a joint venture with a neighbouring Police and Crime Commissioner
  • The potential delay in securing a suitable candidate
  1. Contribution to Police and Crime Plan outcomes

Supports the effective discharge of Commissioner’s statutory functions.

  1. Consultations carried out

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

  1. Financial Implications/Value for money

At the time of writing this compliance check the financial impact is not finalised, but this information will be available at the Executive Board meeting at which this Decisions Notice is considered.  Based on the latest draft proposals under discussion with Cleveland PCC, the arrangement proposed will result in a slight increase in the costs charged against the OPCC budget.

  1. Legal Implications

s.18 of the Police Reform and Social Responsibility Act 2011 enables a Police and Crime Commissioner to arrange for any person (other than a Deputy Commissioner) to exercise any functions of the Commissioner, with the exception that if the person is a member of staff of another policing body they may not exercise certain specific functions (listed in s.18 (7)).  Mr Porter will be able to discharge the responsibilities set out in the  financial aspects of the Commissioner for North Yorkshire’s pre-existing job description for the Chief Finance Officer & Head of Organisation and Development without contravening this provision.   The s22A Collaboration Agreement will reflect this.

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. 

  1. Equality Implications

None arise.

  1. Human Resources Implications

This decision notice articulates a proposal to discharge the activities of the Commissioner’s CFO through the provision of services through a neighbouring police force, Cleveland.  As such this is not an employment arrangement but a service provision arrangement supported by a Heads of Agreement which will then, upon approval of the Police and Crime Panel, be supported by a Section 22a collaboration agreement.  In reviewing the content of a draft (version 5) of this Section 22a Agreement the Acting Director of HR is content that any people matters are described and detailed sufficiently to support this proposal in the draft document (v5).

Public Access to information

The Police and Crime Commissioner wishes to be as open and transparent as possible about the decisions he/she takes or are taken in his/her name. All decisions taken by the Commissioner will be subject to the Freedom of Information Act 2000 (FOIA).

As a general principle, the Commissioner expects to be able to publish all decisions taken and all matters taken into account and all advice received when reaching the decision. Part 1 of this Notice will detail all information which the Commissioner will disclose into the public domain. The decision and information in Part 1 will be made available on the NYPCC web site within 2 working days of approval.

Only where material is properly classified as restricted under the GPMS 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 of the Form will be used to detail those matters considered to be restricted.  Information in Part 2 will not be published.

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

Originating Officer Declaration

Author name: Donald Stone

Collar number: 5812

  Name      (Collar Number) Date of completion (√)
Head of Departmenthas reviewed the request and is satisfied that it is correct and consistent with the NYPCC’s plans and priorities. CEO Carter 04.07.2014
Legal AdviceLegal advice has been sought on this proposal and is considered not to expose the PCC to risk of legal challenge or such risk is outlined in Part 1 or Part 2 of this Notice. Jane Wintermeyer


Financial AdviceThe CC CFO has been consulted on this proposal, for which budgetary provision already exists or is to be made in accordance with Part 1 or Part 2 of this Notice. Jane Palmer


Equalities AdviceThere is considered to be minimal impact. Donald Stone


HR AdviceHR advice has been sought in relation to any people related matters


Rosemarie Holmes 4647 09/07/14 


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

Signature          Donald Stone                                                                                            Date  04.07.14

Author to complete at all times


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