Executive Board Minutes: 19 November 2013

Minutes of the meeting held at Harrogate Police Station Police, Beckwith Head Road, Harrogate on Tuesday 19 November 2013.

PRESENT:-
In the Chair: Commissioner Julia Mulligan (JM)

Officers: Chief Constable Dave Jones (DJ); Commissioners Chief Executive Officer Joanna Carter (JC); Commissioner’s Chief Finance Officer and Head of Organisation and Development Gary Macdonald (GM); Chief Constable’s Chief Finance Officer and Chief Accountant Jane Palmer (JP); Force Solicitor Simon Dennis (SD); Commissioner’s Chief of Staff Will Naylor (WN).

Minute taker: Commissioners Governance Support Officer Claire Askew (CA).

247. APOLOGIES

Apologies were received from Deputy Chief Constable Tim Madgwick (TM) and Executive Officer to the Chief Constable Lisa Winward (LW).

248. REVIEW OF CHIEF POLICE OFFICER REMUNERATION TERMS

The Board discussed at length the review of Chief Police Officer Remuneration Terms, undertaken due to the emerging public policy concern that certain elements of Chief Officer allowance packages may not have had a sound administrative law basis.

The Board discussed the correct approaches to be taken in response to the recommendations of the report arising from the review, including the initial views expressed pursuant to the CIPFA Guidance on the proper exercise of functions under s114 Local Government Finance Act 1998 by the Commissioner’s Chief Finance Officer in consultation with the Monitoring Officer.

Legal advice and further incidental information was provided orally in relation to the civil and administrative law issues which come to bear on the decisions before the Board.

Legal advice was also provided orally in relation to the proposed waiver of privilege in respect of the report of the review. The Board noted the convention that written legal advice is not normally disclosed in circumstances where litigation is ongoing, under consideration or in prospect. The Board was appraised of the redactions which would be advisable were publication to be effected immediately. The Board expressed the firm resolve to balance the best interests of the police fund with the public interest in openness and transparency in respect of the papers relating to this topic; the report including its privileged content will be published as soon as possible having regard to the completion of steps which the Board determined. Depending upon the outcome of those steps, it is anticipated that publication will take place week commencing 9 December 2013 and that few, if any, redactions will be made to the published version of the report when it is published.

The Board resolved that the appropriate course was to proceed with written contact being made with specific former (and in one instance, serving) Chief Officers, seeking repayment of sums paid ultra vires and/or confirmation of medical cover expenditure, as the case may be.

Further information is required in relation to two particular aspects of the report’s recommendations. Actions were allocated in that regard.

The Board also discussed the insurance arrangements by the Chief Police Officers Staff Association (CPOSA). As national negotiating secretary for CPOSA DJ declared a personal and professional interest in this discussion.

The following decisions and actions are to be formulated into a Decision Notice (ACTION – SD) to be signed by the Commissioner as soon as practicable and by 22 November 2013 at the latest:

1. That Chief Police Officers who have received payments which may have had no basis in law, be sent letters asking them to provide further information and/or to repay money which appears to have been outside of the Police Authority’s power to pay. ACTION – SD
2. That specialist Counsel’s opinion be sought, urgently, on the merits of legal steps to recover money paid which may not have had a basis in law. ACTION – SD
3. Further investigations take place as follows
   1. further factual information be sought about rented accommodation secured for the use of one particular Chief Police Officer. ACTION – SD assisted by a suitable choice of investigator.
   2. making an exhaustive search for certain documentary records which were not available during the review ACTION – SD assisted by a suitable choice of investigator.
4. That the question of whether medical allowance are currently being paid against receipt, be confirmed by the Chief Finance Officers and if necessary, the Chief Constable’s Chief Finance Officer shall discuss this further with the Chief Constable. ACTION – GM and JP
5. That the Commissioner remains committed to not paying, from the police fund, those elements of the Abbey Legal Protection policy maintained by the Chief Police Officers Staff Association (CPOSA) which might cover the cost of proceedings being brought against the organisation. Subject to confirmation being made available to satisfy both Chief Finance Officers, by way of production of a copy of the CPOSA accounts, establishing beyond doubt that any such element is being funded from the CPOSA Members Reserve, the Commissioner consents to the payment of outstanding invoices in respect of CPOSA insurance for DCC Madgwick, ACC Kennedy and ACC Cross. The Commissioner notes that CPOSA subscriptions, along with ACPO membership fees, are not paid by the police fund but are met by serving Chief Police Officers personally. ACTION – SD to finalise with JP
6. That national policy-development and advice work, in relation to Chief Police Officer professional indemnity, be monitored and its outcome considered at the Executive Board as soon as it becomes available. ACTION – All
7. These decisions be notified by the Commissioner’s Chief Finance Officer to the External Auditor, to Internal Audit and to the Chair of the Joint Independent Audit Committee. ACTION – GM
8. That the next steps (including consideration of the responses to correspondence and the remaining legal recommendations) be brought before the next practicable Executive Board. Update to EB 3 December 2013, further consideration EB 10 December 2013. ACTION – All

249. ANY OTHER BUSINESS

Discussion of the Operational Policing model deferred (post meeting note: this discussion has been scheduled for 3 December 2013).

Other agenda items deferred to the meeting of the Executive Board on 26 November 2013.

250. DATE OF NEXT MEETING

The next meeting will take place at 9am on Tuesday 26 November 2013 at Police Headquarters, Newby Wiske.