Business Interests for Police Officers. Policy and Procedure. Greater Manchester Police

Transcription

1 Business Interests for Police Officers Policy and Procedure Greater Manchester Police April 2014

2 Table of Contents 1. Policy Statement Aims Principles Scope 2 3. Roles & Responsibilities Officer Manager Superintendent Professional Standards Branch Assistant Chief Constable, PSB Head of Recruitment Terms and Definitions Definition of a Business Interest Procedure Stage 1 (Submit the completed application) Stage 2 (Manager) Stage 3 (Superintendent, PSB) Stage 4 (Assistant Chief Constable, PSB) Career Breaks Appeals Annual Review Associated Documents 6 7. Consultation & Statutory Compliance Consultation Data Protection Act (1998) Freedom of Information Act (2000) Equality Act Appendices 9

3 Insp Cheryl Hughes, Dec

4 1. Policy Statement It is essential that the public has confidence in the integrity and impartiality of the police service. This policy allows GMP to provide a consistent approach to only authorising those business interests and secondary occupations which do not conflict with the work of the police and which will not adversely affect the reputation of the individual, GMP or the wider service. This policy supplements the ACPO Guidance on the Management of Business Interests and Additional Occupations for Police Officers and Staff. GMP adopts the principles contained in that document in determining the registration of a relevant business interest or secondary occupation. 1.1 Aims The aim of this policy is to give you a clear understanding of the Business Interest Policy, how to declare an interest and the procedures to be followed. 1.2 Principles The principles in determining a Business Interest have been set out in the ACPO Guidance on the Management of Business Interests and Additional Occupations for Police Officers. ACPO guidance on business interests Any application must be in line with the Standards of Professional Behaviour as set out in the Police (Conduct) Regulations Standards of Professional Behaviour When considering an application for a business interest each case will be decided on its own merit. Assistant Chief Constable (ACC) Professional Standards Branch (PSB) will start from the premise that only those interests or occupations that are compatible with the ethos and values of the police service should be approved. Consideration of any business interest or additional occupation will, as a minimum, cover the following: Impartiality - predicted/expected or evidenced Impact on the force Current performance of the individual applying for business interest Proportionality Equality and Diversity Health, Safety and Well-being Insp. Cheryl Hughes, Dec

5 These six areas are expanded on in more detail within the ACPO guidance and should be referred to by those asked to support or approve your application. The above list should not be considered exhaustive. 2. Scope This policy applies to police officers. 3. Roles & Responsibilities 3.1 Officer If you have or propose to have a business interest which has not previously been disclosed, you should submit an application form to your manager 0119R - Application for approval of business interest. If your spouse (not being separated from you) or any relative/family member living with you: keeps or intends to keep a shop, or, carries on or intends to carry on a business at premises, or, possesses or intends to possess a pecuniary interest in licensed premises (liquor licensing, refreshment houses, betting/gaming or entertainment, or, carries on or intends to carry on any other business that may be seen as interfering with your ability to impartially discharge your duty in the GMP force area; then you should submit a business interest form to your manager. Further advice can be sought from the Professional Standards Branch, via extn or alternatively to PSB.BusinessInterests@gmp.police.uk. 3.2 Manager Managers are responsible for considering business interest applications and appending their recommendation to the form before submitting it via to PSB.BusinessInterests@gmp.police.uk. Managers should take into consideration/clarify the following: role, working hours (including any regular overtime), current performance including any sickness absence, Insp Cheryl Hughes, Dec

6 health and safety concerns, whether the business interest is likely to interfere with the officer s ability to perform their role. 3.3 Superintendent Professional Standards Branch The Superintendent PSB will objectively review all business interest applications and make sure it does not have any potential impact on the officers workplace effectiveness, integrity and any associated risk to the organisation. The Superintendent PSB may request further information or request a meeting with the officer to discuss the application in more detail. The Superintendent PSB will act on the authority of the ACC PSB in approving applications, with reference to ACPO guidance and this policy. Approval may be subject to written conditions to reduce or mitigate any risks or concerns associated with the application. Where applications are not approved by the Superintendent PSB or where it is felt further guidance is required in seeking to balance the wishes of the applicant against potential organisational risk, the application will be forwarded with the written observations of the Superintendent for the consideration of the ACC PSB. 3.4 Assistant Chief Constable, PSB ACC, PSB will consider the business interest applications that have been submitted by the Superintendent, PSB and approve or reject the application. 3.5 Head of Recruitment The Head of Recruitment is responsible for ensuring new recruits are appointed in line with the Police Amendment no. 3 Regulations Police Amendment 3, 2012 Regulations Where an officer has indicated they have a business interest, the Head of Recruitment is responsible for consulting with the Superintendent, PSB to ensure it is compatible with their continued application. 4. Terms and Definitions 4.1 Definition of a Business Interest Insp Cheryl Hughes, Dec

7 Business interests are defined in Regulation 7 of the Police Regulations 2003: a person has a Business Interest if - (a) being a member of a police force, the person holds any office or employment for hire or gain (otherwise than as a member of a police force) or carries on any business; or (b) being a member of a police force or a relative of a member, the person holds or possesses a pecuniary interest in a licence or permit granted in pursuance of the law relating to alcohol licensing, refreshment houses or betting and gaming or regulating places of entertainment in the area of the police force in question. A relative means - a) a spouse or civil partner who is not separated from the member; b) a person living with the member as if they were the member s spouse or civil partner; or c) a parent, son, daughter, brother or sister of the member, who is included in the member s family. GMP will interpret this definition of a business interest to mean any activity over and above the duties of a police officer from which income is derived or expected to be derived. 5. Procedure 5.1 Stage 1 (Submit the completed application) You should complete the following form: 0119R - Application for approval of business interest Provide as much detail as possible of what your role in the business specifically entails, as opposed to a general description such as Fitness Consultant. Clarify where the business is based, the hours you will be intending to work and the details of any business partners. You should also confirm that HMRC are informed of income generated. Where applications relate to property letting, the relevant address(es) should be provided, and confirmation should be given that any related mortgage is on a buy to let basis (or confirmation in writing that the mortgage lender is aware of the property being let), that appropriate landlord insurance is in place. The application form includes a list of general conditions for allowing a business interest. Business Interest Conditions Submit your application to your manager for their comments. Insp Cheryl Hughes, Dec

8 5.2 Stage 2 (Manager) Your manager will append their comments to your application and forward it to the Superintendent, Professional Standards Branch (PSB.BusinessInterests@gmp.police.uk) for their approval or submission to the Assistant Chief Constable, PSB. 5.3 Stage 3 (Superintendent, PSB) The Superintendent, PSB will consider your application and take into consideration the recommendations made by your manager. The Superintendent, PSB will either approve the application, which may be subject to written conditions OR forward the application to the Assistant Chief Constable, PSB for a decision. 5.4 Stage 4 (Assistant Chief Constable, PSB) The ACC, PSB will consider your application and approve or refuse your application. If the ACC wishes to refuse your application you will be given the opportunity to make representation before a final decision is made. You will be notified of the decision in writing. If a business interest is declined on the basis of your current well being, attendance, performance or a misconduct related issue then you will be given a set timescale after which you can reapply. That timescale should be proportionate to addressing the issue of concern and be no longer than 12 months. A re application would go through the same process as above. 5.5 Career Breaks If you commence or are on a career break and wish to undertake employment during the break, you should submit a Business Interest application. Career break decisions will continue to be made in line with Chief Constable s Order 04/ Appeals You can appeal the decision to refuse a business interest application or a decision to impose conditions. Insp Cheryl Hughes, Dec

9 You should send written notice of your appeal to the Professional Standards Branch Business Internet address within 10 working days of being notified of the decision not to authorise an application or to impose conditions. You should include the rationale for appeal, as follows: why you believe you should be permitted to have the business interest or why conditions should not be imposed or where procedures have not been fairly applied You will be also able to make representations orally to the Chief Constable who will make a decision within 28 days on whether to uphold the appeal or not. The Chief Constable can extend this time period (but must give written notice if this occurs). There is no right of appeal against the decision of the Chief Constable. 5.7 Annual Review You will be sent a request for an update on your business interest each year on the anniversary of its approval. You will be asked to respond and confirm whether or not any of the details or circumstances of the interest have changed. You will then be sent a response confirming whether or not your business interest is authorised to continue. Any decision not to continue authorisation would be subject of the appeal process already outlined in 5.6 above. In considering your financial and contractual commitment to any business interest you should consider that you will be subject to that ongoing review. 6. Associated Documents Sections 6,7,8,9 of the Police Regulations ACPO Guidance On the Management of Business Interests and Additional Occupations for Police Officers and Staff Appendix A - Principles in the determining of Business Interests and Additional Occupations Appendix B Guide to Incompatible Occupations Appendix C Business Interest Appeals Procedure. ACPO guidance on business interests Insp Cheryl Hughes, Dec

10 7. Consultation & Statutory Compliance 7.1 Consultation [ Branch Human Resources Information Compliance (Pat Hiorns) Health and Safety (Marie Parkinson) Police Federation (Lance Thomas) Comments Reformatted document into plain English. Document updated regarding requests for more information on appeals and annual review processes. See paras and 2 Satisfied that the health safety and wellbeing issues are integral to the process and well documented. The conditions would seem to have an impact on any police officer currently with a business interest in delivering the Certificate in Knowledge of Policing. We believe that some officers have set up their own companies/deliver training for 3rd parties on a weekend. The policy document would suggest that the delivery of CKP training would be classed as a Business Interest and potentially prohibited. Would/Could the policy identify a number of exceptions agreed by the Force for example in the delivery of such training, where there will clearly be a significant value to the Police Service as long as such training does not make reference to GMP cases etc. Secondly do we have an exit strategy for phasing out those business interests which were previously agreed, but may now be reviewed and refused under the new policy/terms and conditions. This may apply particularly where someone is financially committed to a previously agreed Business Interest such as a contract to deliver a service/goods. Can we cater for a phasing out process? Data Protection Act (1998) No changes are required. The Information Security Branch has confirmed the policy & procedure is compliant with the Act Freedom of Information Act (2000) The policy can be disclosed to the public as it does not contain sensitive information. Insp Cheryl Hughes, Dec

11 Whenever a related request is made under FoI, it will be assessed by the Information Compliance Unit for disclosure, and the policy & procedure owner (Superintendent PSBi) would be consulted Equality Act 2010 Decisions on business interests must take full cognisance of equality and diversity considerations. Forces must ensure that all decisions can be justified by reference to relevant equality legislation and the duty on police forces under the Equality Act 2010 to actively promote equality. Consideration has been given to the protective characteristics under the Equality Duty throughout the development of this policy. This policy applies equally to all police officers, irrespective of any of these protective characteristics. No potential adverse impacts for any protected group under the Equality Act have been identified. Insp Cheryl Hughes, Dec

12 8. Appendices The relevant appendices to the ACPO guidance are available via the link below: ACPO guidance on business interests Appendix A - Principles in the determining of Business Interests and Additional Occupations Appendix B - Guide to Incompatible Occupations Appendix C- Business Interest - Appeals Procedure. Insp Cheryl Hughes, Dec