ACPO appointments

Report: 4
Date: 15 January 2002
By: Clerk

Summary

This report outlines, in principle, the necessary arrangements to be put in place to facilitate the carrying out of functions and activities, by the Authority, related to the appointment of ACPO rank officers. It is intended to initiate discussion amongst by Members. 

Many of the decisions regarding the appointment of ACPO officers are delegated to the Remuneration Committee (within its terms of reference). The proposed procedures will facilitate decision making by the Committee. 

A number of the proposed procedures require the co-operation of, and agreement with, the Metropolitan Police Service (MPS). The report outlines proposals and procedures for:

• agreeing the number of ACPO positions on an annual basis;
• agreeing fixed term appointments;
• severance of fixed term appointments;
• extension to fixed term appointments;
• temporary promotion to, and within, ACPO ranks, and;
• secondments of ACPO rank officers to other organisations.

A. Recommendations

That the Remuneration Committee discusses and agrees the proposed procedures for ACPO appointments, and those for decisions related to ACPO appointments.

B. Supporting information

Background

1. The Authority is responsible for the appointment of ACPO rank police officers in the MPS i.e. ranks of commander, deputy assistant commissioner and assistant commissioner.

2. Since the inception of the Authority there have been several ACPO recruitment exercises. In 18 months 14 commanders, five deputy assistant commissioners and three assistant commissioners have been appointed.

3. A number of requests have been made to the Authority for: severance from fixed term appointments (also referred to as 'early retirements') and extensions to fixed term appointments. Decisions regarding the temporary promotion of officers to, and within ACPO ranks, and secondment to other organisations have been made by the MPS.

4. The recruitment and appointment of ACPO officers and related decisions regarding severances, extensions, temporary promotion and secondments should be referred to the Remuneration Committee in accordance with its terms of reference. All these decisions impact upon the number of, and the need to recruit, ACPO officers.

5. The number of ACPO appointments, and other decisions, for example related severance and extensions emphasises the need for mutually agreed procedures between the MPS and the Authority covering all aspects of such appointments. A systematic approach will allow the decisions to be fully considered by the Remuneration Committee within a structured timetable.

6. Where decisions have to be made through the "urgent business" protocol, the Remuneration Committee will be consulted at the earliest opportunity.

Agreeing the number of ACPO positions

7. It is proposed that the Authority and the MPS agree at a set time each year the number of ACPO positions. It is proposed that this agreement is struck in March of each year, and is informed by the budgetary settlement available at that time, and is current for one year from 1 April.

8. The information from the MPS to support the agreement should indicate the number of ACPO positions in total, categorised according to command functions as well as the number of current and projected vacancies.

9. Making the agreement on the number of ACPO positions in March will allow time to plan the for the 'traditional' October recruitment that co-incides with the end of the Strategic Command Course and necessary co-ordination with the Home Office Senior Appointments Panel (SAP). A view can also be taken on the necessity for any other recruitment exercises outside of this time frame.

10. An agreement on the number of ACPO positions, albeit of only annual currency, will support decisions regarding new appointments and decisions in respect of severances, extension of fixed term appointments, temporary promotions and secondments.

Fixed term appointments

11. All appointments to ACPO ranks are made on the basis of a fixed term appointment in accordance with Regulation 13A of Police Regulations 1995.

12. For both commanders and deputy assistant commissioners the minimum term is four years and the maximum term ten years. For assistant commissioners the minimum term is four years and the maximum term seven years. Periods of less than the minimum term cannot be agreed without the consent of the Secretary of State.

13. It is proposed that following the selection process, the MPS submits proposals for the appointees' period of fixed term to the Clerk to the Authority within one month of the selection. This will follow consultation with the appointee and will have the consent of the Commissioner. It will take cognisance of the retirement 'profile' of ACPO officers. The effective appointment date and posting will be notified to the Clerk who will write to each successful candidate setting out the terms and conditions of the appointment.

14. It is proposed that Members agree that, in principle, all new appointees are offered the maximum term i.e. ten years for commanders and deputy assistant commissioners and seven years for assistant commissioners. For appointees over 45 years of age the maximum term will be the period that takes them to their 55th birthday ( i.e. the 'minimum retirement age' in accordance with regulations).

Severance of fixed term appointment

15. Requests for early severance of the fixed term arise from;

• officers who have completed 30 years service and are seeking 'early retirement'; and
• officers wishing to transfer (on promotion or otherwise) to another force.

16. Three months notice is required for early severance (this is included in the terms and conditions for ACPO officers). Such notice must be submitted through MPS Human Resources Directorate and have the consent of the officer's assistant commissioner and the Commissioner.

17. The Clerk to the Authority will obtain the endorsement of the Remuneration Committee and duly advise the applicant through MPS Human Resources Directorate.

Extensions to fixed term appointments

18. Extensions to fixed term appointments are made on the basis of the provisions of Regulations 13A and 13B of Police Regulations 1995.

19. Police Authorities have the discretion to extend a fixed term appointment where the appointee was not given the maximum term appointment at the outset. However, should Members agree to the proposal that new appointees are, in most cases, offered the maximum term (see para 14) the foregoing will seldom occur.

20. It will be more common to receive applications for an extension following the completion of a maximum term. A maximum term can be extended for one year by application by the police authority to the Secretary of state. The initial application is made to the Senior Appointments Panel which makes a recommendation to Ministers. The principle for any application is an exceptional case for exceptional circumstances.

21. It is included in APCO officer's terms and conditions that six months notice is given for a request for an extension to the fixed term appointment. Any such request is to be made to the Clerk to the Authority, by the individual through the MPS Human Resources Department. Any such request should have the consent of the officer's assistant commissioner and the Commissioner. The MPS has provided at Appendix 1 a draft outline of the internal processes to support applications for extensions. This should provide information to support an application on the basis of 'an exceptional case for exceptional circumstances'.

22. The notice period of six months will allow time for the application to be considered, in private session, by the Remuneration Committee.

23. The Clerk will notify the applicant of the Committee's decision through MPS Human Resources Directorate. If appropriate an application will be made by the Clerk to the Senior Appointments Panel.

Temporary promotions

24. It is recognised that occasions arise when it is appropriate, practical and effective to temporarily promote the immediate subordinate officer, on the basis of the most available and best qualified individual, to an ACPO position when it becomes unexpectedly vacant.

25. It is proposed that all temporary promotions of officers to ACPO rank (from a superintending rank) or within ACPO rank are endorsed by the Remuneration Committee.

26. It is further proposed that, in principle, the maximum period for temporary promotion is six months. Exceptionally a temporary promotion could be approved for one year. On expiry of the period another application is to be made.

27. Any application for temporary promotion is to be made to the Clerk by the MPS Human Resources Directorate. The Clerk will obtain the endorsement of the Remuneration Committee and duly advise the applicant through the MPS Human Resources Directorate.

Secondment of ACPO officers to other organisations

28. It is recognised that secondment of officers to other organisations supports the development of individuals and benefits the organisation.

29. It is proposed that notice of a secondment is forwarded to the Clerk by the MPS Human Resources Directorate at the earliest opportunity. Any such request should have the support of the officer's assistant commissioner and the Commissioner.

30. It is proposed that, in principle, secondments are approved for at least six months and for a maximum of two years. Furthermore, the period of the secondment must fall within the period of the office's fixed term appointment.

31. The Clerk will seek the endorsement of the Remuneration and advise the applicant through the MPS Human Resources Directorate.

General

32. It is proposed that decisions made by the Clerk regarding fixed term appointments, severances, temporary promotions and secondments are formally reported to the Remuneration Committee at the next available meeting. This will provide the opportunity for the Committee to monitor and scrutinise decisions and formally endorse them.

C. Financial implications

This is primarily a report for discussion.

Revenue expenditure will be affected by the number of ACPO positions agreed (and the number of appointments then made), the number of recruitment exercises undertaken and the number of temporary promotions.

D. Background papers

See body of report.

E. Contact details

Report author: Graham Spencer, Human Resources, MPA.

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Appendix 1

Appendix 1 is available in hard copy only from MPA Secretariat.

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