RESTRICTED

Subject to Consultation with Employee Representation

Strategic Leadership, Statutory Officers, Decision Making and Senior Management

Change Proposal

Owners

Julia Mulligan

Police & Crime Commissioner

Tim Madgwick

Chief Constable

21 March 2013

CONTENTS

  • Introduction
  • Objectives
  • Conditions
  • Timetable
  • Role Changes
  • Implications
  • Consultation and Communication
  • Formal Declaration
  • INTRODUCTION BY THE POLICE & CRIME COMMISSIONER

I took office as Police & Crime Commissioner for North Yorkshire on 22 November 2012. On that day I approved regulatory instruments for the governance of the organisation, including a Scheme of Delegation to officers and a Memorandum of Understanding between myself and the Chief Constable.

Since that time, I have kept the decision-making framework under review. In so doing, I have sought to developa framework for strong, effective and less bureaucratic decision-making which, as well as being lawful, also maximises engagement with the public where appropriate.

On 16 January 2013 I decided to make adaptations to the process for corporate decision-making. Those changes are set out in Decision Notice 005/2013.

At that stage I decided to make further revisions to the manner in which decisions are made, in order to achieve the framework for corporate decision-making which is fit for purpose.

With that in mind, on 17 January 2013 I presented outline proposals to the North Yorkshire Police Chief Officer Team, accompanied by my Chief Executive and Chief Finance Officer. Also in attendance at that meeting was the Chief Constable’s Chief of Staff.

The basis of the proposals are set out in a paper delivered to me by my Chief Executive entitledCHIEF EXECUTIVE PROPOSALS FOR CHANGE TO DECISION MAKING STRUCTURE AND FOR STAGE 2 TRANSFER OF STAFF.

I indicated to the meeting that of the proposals within that paper I supported the following

  1. revisions to the process for corporate decision making within the force and the local policing body
  2. arrangements for meeting structures to give effect to that process
  3. recasting of the roles and responsibilities of the most senior tier of management positions within the force and the local policing body
  4. the making of early arrangements for the appropriate constituent functions of the Professional Standards and Legal Services to operate in a manner which is independent in outlook, provides services to both the force and the local policing body and which affords the respective Directors the right of direct access to both the Commissioner and the Chief Constable for the proper discharge of their remits
  5. undertaking the necessary work to be in a position to propose to the Secretary of State, at the earliest practicable opportunity, a Transfer Scheme within the meaning of Part 3 of Schedule 15 to the Police Reform & Social Responsibility Act 2011.

I suggested a timetable by which those matters might be achieved and invited feedback from all attendees at the meeting on those conceptual proposals and the timetable. Any such feedback was to be communicated to me by close of business on 25 January 2013.

I have received and have taken account of feedback from several attendees. I am grateful for the submissions I have received.

I decided to bring forward – by consent of the Chief Constable – the reforms to decision making and meeting structures. The Executive Board met for the first time on 5 March 2013 and is continuing to work successfully. Arrangements are being made for the Corporate Performance and Coordination Group to meet monthly in due course.

I have also had the opportunity of further discussion with the Chief Constable, whose statutory officer arrangements are affected by the concepts I have proposed and upon whose agreement I depend in order to deliver the necessary changes in such a way as to achieve early stable leadership for the organisation.

The Chief Constable and I are agreed that the opportunity to provide such stability, coupled with a rationalised and streamlined decision making framework, is both appropriate and timely for North Yorkshire Police.

Having taken stock of the content of all informal feedback and dialogue, I now propose, jointly with the Chief Constable, the following changes.

  • OBJECTIVES

To achieve the following:

  1. As soon as practicable after reaching agreement with the Chief Constable, to have in place a revised structure for corporate decision making at Executive and Strategic levels, to include a revised Scheme of Delegation and Decision Making Process.

This objective (which was not considered to require consultation with staff) was achieved by the adoption of new arrangements pursuant to Decision Notice 21/2013 Decision making process, structure and Scheme of Delegation which took effect at midnight on 4 March 2013.

  1. As soon as practicable after reaching agreement with the Chief Constable, to effect the ‘independent business model’ in respect of the appropriate allocation of functions of the Professional Standards and Legal Services.
  1. As soon as practicable after formal consultation, to make changes to the structure of posts and allocation of responsibilities to the most senior statutory officer roles within the organisation, in order to best facilitate the corporate decision making structure and to achieve structural stability for the organisation.
  1. In due course (and strictlysubject to the Principal Condition set out in this Change Proposal) to make and give effect to a Transfer Scheme within the meaning of Part 3 of Schedule 15 to the Police Reform & Social Responsibility Act 2011.
  1. After the date upon which that Transfer Scheme takes effect, to adopt a Scheme of Governance to make provision for the continuing Delegations and Consents to facilitate lawful, efficient and effective decision making by the Police & Crime Commissioner and the Chief Constable.
  • CONDITIONS

Principal Condition

This change proposal is confined specifically to the post structure for the most senior police staff roles in the organisation.

No change is proposed in this Change Proposal in respect of posts other than those detailed in the section entitled ‘Role Changes’ below.

The Chief Constable and the Commissioner have signalled to each other that we are minded to agree upon and to propose a ‘Stage 2’ Transfer Scheme to the Secretary of State as soon as practicable but we make clear the following overriding statements of intent:

  1. That we are conscious of – and will take account of – the current identified legal obstacles to achievement of staff and asset transfers.
  2. No Transfer Scheme will be proposed without full, meaningful consultation with UNISON.
  3. Changes to arrangements in respect of direction and control of employees of the Police & Crime Commissioner will not be made without full, meaningful consultation with UNISON and as the case may be, in so far as is appropriate and necessary, individual affected members of staff.
  4. They intend that the team assigned to the programme of work leading up to any such Transfer Scheme should engage closely with UNISON during the course of the work, allowing UNISON the opportunity to contribute to the development of the Transfer Scheme.
  5. They have reached no pre-emptive conclusions about the detailed configuration of that Transfer Scheme and will not do so until close and detailed work has been undertaken, incorporated into a proposed Scheme and been subjected to formal consultation.
  6. The manner in which such a Transfer Scheme is effected shall be in accordance with the Cabinet Office Statement Of Practice - Staff Transfers In The Public Sector.

Condition - Existing Change Proposals

The Chief Constable and Commissioner are aware that this Strategic Leadership, Statutory Officers, Decision Making and Senior Management Change Proposal is made at a time when the changes following the Review of Support Directors have not concluded and moved to active implementation.

The Chief Constable and Commissioner have revisited some aspects of the Review of Support Directors in the light of their assessment of the needs of the organisation, coupled with the objectives set out in this Change Proposal.

The Chief Constable and the Commissioner are acutely conscious of the need for early structural stability and intend that this Change Proposal should achieve that outcome.

Condition – Posts

This Strategic Leadership, Statutory Officers, Decision Making and Senior Management Change Proposal proposes posts which are to carry executive responsibility for functions which are presently under the direction and control of the Chief Constable.

In line with the Principal Condition, it is not the intention of the Commissioner and the Chief Constable to seek in this Strategic Leadership, Statutory Officers, Decision Making and Senior Management Change Proposal to change the direction and control arrangements in respect of any posts unless they are specified within this Change Proposal.

Where it is necessary for posts established by this Change Proposal to exercise line management of posts or functions which are for the time being under the direction and control of the Chief Constable, this will be undertaken by way of compliance with the approach set out in s2(5) Police Reform & Social Responsibility Act 2011, Paragraphs 32 to 35 of the Schedule to the Policing Protocol Order 2011 and Section 7 of the Memorandum of Understanding between the Commissioner and the Chief Constable dated 22 November 2012 and in particular that the Chief Constable will exercise his powers of direction and control in respect of police civilians in such a way as to assist and facilitate the exercise of the functions of the Commissioner, the Commissioner’s Chief Executive Officer and the Commissioner’s Chief Finance Officer as the case may be.

The Commissioner and the Chief Constable derive encouragement in this regard from the history of smooth operation of analogous joint working arrangements in respect of the provision of Treasurer services to the former Police Authority, such arrangements having relied upon the Chief Constable’s non-statutory Director of Finance having been outside of his direction and control pursuant to the now repealed s15(2) Police Act 1996.

Conditions – Selection

The Commissioner and the Chief Constable intend that in the first instance, only

  • the holders of posts disestablished by this Change Proposal; and
  • the holders of posts disestablished by virtue of the Review of Support Directors; and
  • any members of police staff otherwise at risk of redundancy at the material time

shall be entitled to express interest in the post established by this Change Proposal.

Posts which remain unfilled following those steps, shall be filled by open competition in the conventional manner.

Conditions – Salary Protection

Persons accepting (whether by way of suitable alternative employment or negotiated contractual variation) shall be entitled to the following arrangements by way of salary protection:

In the event that an employee is redeployed to a post, in which the basic salary is less than the previous basic salary, the basic salary only (not including any additional allowances) will be ‘frozen’ for a period of 12 months or until the new basic salary reaches the same level as the frozen salary, whichever is the sooner

Conditions – Salary Structure, Role Profiling and Grading

NYCC were commissioned to carry out a job evaluation exercise to provide independent grading as part of the broader requirement to support the restructure of senior posts within North Yorkshire Police. A trained and experienced job evaluation panel involving Human Resources and Unison representation considered the documentation provided that gave details of jobs and evaluated these using the Hay scheme. The Hay scheme is one which is recognised internationally and has been utilised for senior management roles in public sector organisations within the UK.

The Hay scheme provides a disciplined framework, which is applied rigorously to enable objective judgements to be made by evaluators. Hay method is a modified factor comparison method of JE which meets equal pay law in principle. It is based on credible, simple and coherent models of the characteristics of different levels of work.

The key areas that are evaluated include:

Know How – combining technical knowledge, management breadth and human relation skills.

Problem Solving – combining thinking environment and thinking challenge.

Accountability – combining freedom to act, magnitude and impact.

The resulting job score then enables a rank order to be identified which is plotted against a pay structure. The rank order is shown in the table below.

Job title / Know-How / Problem Solving / Accountability / Total
Chief Executive Officer / F / III / 3 / 528 / F / 4 / 50% / 264 / F / 4 / S / 400 / 1192
Head of Organisation and Development / F / III- / 3 / 460 / E+ / 4 / 50% / 230 / E / 3 / P / 264 / 954
Head of Workforce Support Services / F / II+ / 3 / 460 / E / 4 / 43% / 200 / E / 3 / P / 264 / 924
Head of Customer Services / F / II / 3 / 400 / E / 4 / 43% / 175 / E / 3- / P / 230 / 805
Head of Legal / F / II / 3 / 400 / E / 4 / 43% / 175 / E / 2 / P / 200 / 775
Chief Constable’s Chief Finance officer / F- / II- / 3 / 350 / E / 4 / 43% / 152 / E / 4 / C / 200 / 702
Head of Complaints, Standards and Ethics / F- / II / 3 / 350 / E / 4 / 43% / 152 / E / 2- / P / 175 / 677

Pay structure option and placement of posts according to the job evaluation scores at NYP are shown below:

Proposed extension of grading structure to incorporate Chief Officer level:
Annual Salary / Increment amount / SCP % increase
£99,437.98 / Chief Officer / £3,824.54 / 4.00%
£95,613.44 / £3,677.44 / 4.00%
£91,936.00 / £3,536.00 / 4.00%
£88,400.00 / £3,400.00 / 4.00%
£85,000.00
£70,335.00 / HoS 3 / £1,514.00 / 2.20%
£68,821.00 / £1,481.00 / 2.20%
£67,340.00 / £1,450.00 / 2.20%
£65,890.00 / £1,418.00 / 2.20%
£64,472.00 / HoS 2 / £1,388.00 / 2.20%
£63,084.00 / £1,358.00 / 2.20%
£61,726.00 / £1,329.00 / 2.20%
£60,397.00 / £1,300.00 / 2.20%
£59,097.00 / £1,272.00 / 2.20%
£57,825.00 / £1,245.00 / 2.20%
£56,580.00 / £1,218.00 / 2.20%
£55,362.00 / HoS 1 / £1,192.00 / 2.20%
£54,170.00 / £1,166.00 / 2.20%
£53,004.00 / £1,141.00 / 2.20%
£51,863.00 / £1,116.00 / 2.20%
£50,747.00

Subject to agreement, the proposed split of JE scores by pay band are:

Chief OfficerJE score range e.g. 1100 – 1300

This would cover the Chief Executive Officer

HoS 3 - JE score range e.g. 770 – 1099

This would cover the Head of Organisation and Development and the Head of Workforce Planning,Head of Customer Support Services and the Head of Legal.

HoS 2 - JE score range e.g. 700 – 769

This would cover the Chief Constable’s Chief Financial Officer

HoS 1 - JE score range e.g. 600 – 699

This would cover the Head of Complaints, Standards and Ethics.

General Conditions

The Commissioner and the Chief Constableare responsible for deciding the most efficient use of employees in their respective employ and under their respective direction and control as the case may be.

  • All proposals contained within are subject to consultation with the individuals affected by the proposals and with UNISON.
  • Newly proposed posts and any re-grading of existing, expanded posts will require confirmation of role requirements and grading by the proposed method. In this instance, the intention is to evaluate the new posts in this Change Proposal by reference to the Hay evaluation method as administered by North Yorkshire County Council.

Financial Impact

If implemented in the form proposed, this proposal will save the following recurring expenditure

£155,000

and incur the following additional recurring expenditure

£6,000

Resulting in a net saving of £149,000

This financial analysis does not set out (or take account of) any one-off costs.

TIMETABLE

A timetable for the steps necessary to consult upon and as the case may be, give effect to, this change proposal, is set out below

Dates / Step / Responsibility / Documentation
21 March 2013 / Consultation Commences / Commissioner & Chief Constable / Change Proposal and appendices
5 April 2013 / Deadline for expressions of interest
19 April 2013 / Consultation Ends
w/c 22 April 2013 / Selection Process
26 April 2013 / Scrutiny of appointment(s) of statutory Chief Executive and/or Commissioner’s Chief Finance Officer / Report to Police & Crime Panel under para 9 Schedule 1
1 May 2013 / Post-consultation arrangements take effect – dates of commencement for new roles to be agreed on individual basis
  • CHANGES TO GOVERNANCE INSTRUMENTS

The new Scheme of Delegation is annexed hereto as Appendix 1, along with its associated schematic of meetings and decision making processes.

Cosmetic alterations to the meetings Schematic (to ensure that the appropriate officers based on this Change Proposal attend the appropriate meetings) will be made consequent upon consultation.

Subject to consultation, if necessary a fresh Scheme of Delegation will be adopted once post-holders in roles which carry delegations, are in place pursuant to this scheme.

In any event, the eventual holders of the offices of Chief Constable’s Chief Finance Officer and Commissioner’s Chief Finance Officer are invited to reach early agreement as to their ideal division of duties and responsibilities, compliance with regulatory requirements and any changes that are necessary to the Scheme of Delegation, Devolved Resource Manual and other instruments.

A Scheme of Governance will be drafted and adopted at the point at which any Transfer Scheme made under Part 3 of Schedule 15 to the Police Reform & Social Responsibility Act 2011, takes effect.

  • FUNCTIONAL CHANGES

Certain changes in the organisation of Directorates and functional units of the organisation, are logical consequences of the changes proposed to posts, set out in the next section.

The expectation of the Chief Constable and the Commissioner is that the post-holders in the roles which are implemented pursuant to this Change Proposal, shall plan and execute in a proper and lawful manner, the necessary changes to the functions.

For this reason – and also by virtue of the Principal Condition set out above - this Strategic Leadership, Statutory Officers, Decision Making and Senior Management Change Proposaldoes not trigger consultation with any other members of staff for whom there is an implied impact arising from these proposals.

  • ROLE CHANGES

Changes to existing posts

Disestablishment of the following posts:

Chief Executive

Chief Officer Resources

Amendment of the following role profiles:

Head of Organisation & Development

Role profile: To lead a department responsible for a comprehensive corporate development and delivery function. This functionality will include strategic planning, financial planning, workforce planning, commissioning services, maintaining standards and developing internal control relating to governance arrangements. The overall delivery model of the organisation is one which puts the customer at the heart of service delivery. This post holder will be responsible for leading the element of the organisation which facilities this customer service provision while contributing to the sustainable delivery of services through forward planning and ensuring compliance with governance arrangements and internal control mechanisms which will need to be embedded throughout service delivery models.