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20/2016: Determination of Payment Arrangements for Acting Chief Constable – 21 June 2016

Executive Summary and Recommendation:

This is a Decision Note outlining the pay arrangements for the Acting Chief Constable of North Yorkshire Police covering the period of secondment of the permanent Chief Constable of North Yorkshire Police to South Yorkshire Police, as set out in Decision Notice 17 – 2016.

The PCC approved on Decision Notice 17 – 2016 the role of Acting Chief Constable of North Yorkshire Police will be assumed by Deputy Chief Constable Tim Madgwick under s41(1)(a) of the 2011 Act for the period of the secondment of the permanent Chief Constable to South Yorkshire Police.

These arrangements commenced on the 3rd May 2016. As a result of the Acting arrangements, the PCC also needs to approve the payment arrangements which will apply to Mr Madgwick during this period.

Regulation 27 of the Police Regulations 2003 empowers the Home Secretary to make Determinations on Temporary Salary. The relevant part of this determination is Annex I which states:

After 28 consecutive days of being required to perform the duties normally performed by a member of the force of a higher rank than his own, an officer of a substantive rank of or above assistant chief constable will be paid at a rate equivalent to 90% of the higher rank’s basic pay or receive an honorarium of an amount determined by the police authority (now PCC).

In terms of payment, it is the individual officers’ choice to elect whether to be paid by way of honorarium or at a rate equivalent to 90% of the higher rank’s basic pay. Mr Madgwick has elected to take the option for payment at the rate of 90% of the Chief Constable’s salary.

The ‘Basic’ pay for the role of the Chief Constable of North Yorkshire Police is £137,133; Mr Madgwick will therefore be paid a salary of £123,420 during the period of acting.

Given the above, the revised salary would start 28 days after the period of acting began which in this case is the 31st May, and will continue until the permanent Chief Constable’s secondment comes to an end. 

The PCC is recommended to: 

(a)          Note the election made by Mr Madgwick in favour of payment by way of 90% of the Chief Constables salary;

(b)          Note that the Acting arrangements are at a lower cost to the organisation than the costs of the employment of the permanent Chief Constable ;

(c)          Note than there are no overall additional costs to be incurred by North Yorkshire, resulting from the secondment of the Chief Constable and the subsequent acting up arrangements, due to the recharging arrangements with South Yorkshire Police.       

(d)          Approve that the DCC is paid at an annual rate of £123,420 during the period of undertaking the role of Acting Chief Constable (from the 3rd May 2016 until the return of the permanent Chief Constable from his secondment); and

(e)          Approve that in line with regulations the payment begins 28 days after the Acting period began and therefore commences for pay purposes on the 31st May 2016


Police and Crime Commissioner decision: Approved

Signature: signature
Date: 21 June 2016
Title: Police and Crime Commissioner

1.Compliance Checks

Financial Implications/Value for money:

The proposals for the payment of an Acting Chief Constable are determined predominantly by Police Pay Regulations. The proposals set out within this Decision Notice will not cost the organisation, and therefore the Tax Payers of North Yorkshire, any more than the costs of the employment of a permanent Chief Constable.

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:          

The content of this Decision Notice is noted with an acknowledgment that the current Acting Chief Constable has elected to take the 90% option of payment.  It is also noted that the backfill requirements created by the support provided to South Yorkshire Police will therefore not incur additional costs to North Yorkshire Police.

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

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

The information included in Part 2 is properly classified as Restricted due to being commercially sensitive

Report Information

Author and Executive Sponsor: Michael Porter – PCC CFO

Date created:   7 June 2016

Background documents:

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: Michael Porter

Date: 7 June 2016

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