Members’ job profiles, allowances and expenses

Report: 6
Date: 17 January 2003
By: Clerk

Summary

This report addresses three issues:

• the development of a members’ job profile and performance management arrangements
• a members’ expenses scheme for the MPA following deregulation by the Home Secretary
• being clear in the members’ allowances scheme the circumstances in which an allowance will or will not continue to be paid if a member is unable to perform his or her duties for a period of time.

A. Recommendations

That the Committee

1. considers whether to recommend to the full Authority the job profiles attached at appendix A (para 8 of the report)
2. considers how the Authority might develop ‘performance management’ in the context of members’ roles and responsibilities (paras 9 to 13)
3. recommends a members’ expenses scheme for adoption by the full Authority (paras 14 to 16 and appendix B)
4. recommends to the full Authority the additions to the Members’ Allowances Scheme proposed in para 17 of the report.

B. Supporting information

Background

1. In October 2001 an independent panel commissioned by the Association of Police Authorities (APA) proposed a new system for the payment of allowances to police authorities’ members. This followed a change in the law that enabled authorities to agree their own schemes (previously payment was regulated by the Home Secretary).

2. To arrive at their recommendations, the panel developed job profiles for police authority members and estimated how much time a member would need to spend on police authority business to fulfil this role. The recommended allowance ranges were based on these job profiles.

3. In April the Authority introduced a new scheme for the payment of members’ allowances based on these proposals - a basic allowance of £13,000, and a special responsibility allowance (SRA) of £15,000 a year. These allowances only apply to Independent and Magistrate members of the MPA as its Greater London Authority members are remunerated on a full time basis by that Authority.

4. In agreeing its new scheme of members’ allowances, which came into effect on 1 April 2002, the MPA agreed that the Clerk should develop job profiles for Authority members.

5. The APA panel was reconvened six months on to review how police authorities had implemented new allowance schemes. In doing so, the panel has also looked at how some authorities approach the issue of performance management, i.e. how fully members are carrying out their role and responsibilities.

6. The panel has also recommended a national framework for travel and subsistence expenses for police authority members. Previously, the Home Secretary set the scale of expenses that could be paid, but this has been deregulated with effect from October 2002.

7. The purpose of this committee paper is to address those issues for the MPA, namely:

• ‘job profiles’ and performance management
• a members’ expenses scheme
• another issue referred to in the panel’s second report - being clear in the members’ allowances scheme the circumstances in which an allowance will or will not continue to be paid if a member is unable to perform his or her duties for a period of time

Job profiles and performance management arrangements

8. The APA panel developed job profiles for police authority members as it saw a clear link between the job being done and the level of remuneration. Job profiles can also act as a reference point so that members and others are clear about their role and the expectations on them. The job profiles drawn up by the APA panel – amended to make them more relevant to the MPA’s structure and methods of operation –are attached as Appendix A. The Committee is invited to comment on whether these represent reasonable job profiles for MPA members, with a view to making recommendations to the full Authority.

9. The APA panel was careful to avoid making the link between the members’ allowances scheme and assessment of how thoroughly or competently members have performed their duties, quite rightly pointing out that allowances are not a performance-related pay scheme (and indeed GLA members on the MPA should be expected to fulfil their responsibilities even though they are not remunerated separately by the MPA). They have however referred to the fact that at focus group and consultation meetings, police authorities expressed a desire to put in place arrangements to ensure that all members carry out their responsibilities fully.

10. In their second report the panel have quoted some performance management arrangements being put in place in other police authorities:

• At Authority X each member agrees with the Clerk an annual work plan tailored to his or her specific duties. At the end of the year the Clerk prepares an annual report on the member’s activity against the work plan, including any concerns about performance, which is published and considered by the Standards Committee
• At Authority Y each member submits a monthly report to the Clerk’s office on his or her activities. These reports are published on the authority’s website
• At Authority Z all members are asked to sign a declaration that they will fulfil the job profiles agreed by the authority commensurate with the remuneration scheme

11. Performance management arrangements for members are fraught with difficulties. Like any appraisal system, unless they are based on set objectives they run the risk of being subjective. There is also the question of who should carry out the assessment. Both the member and the Clerk could be placed in an invidious position if, like Authority X, the Clerk were responsible for commenting on the member’s performance.

12. The APA is doing some work on member performance management as part of its Police Authority Improvement Programme. The Committee may feel, therefore, that a limited approach at this stage would be preferable. As with any indicators, quantity is easier to measure than quality. It would be possible to produce information, say on an annual basis, of the extent to which individual members have attended meetings of committees to which they have been appointed. This could also be extended to include, for instance, conferences and seminars attended. Members are already invited to contribute, in writing or orally, to the Members’ Update item on each full Authority meeting. This could be formalised by, for instance, requiring each member to produce a quarterly report on their activities (for distribution to other members or, like Authority Y, for posting on the website).

13. The Committee’s views on this issue are requested.

A Members’ expenses scheme

14. Up to last October, the Home Secretary set the level of travel and subsistence expenses for police authority members. The Police Reform Act 2002 now provides for police authorities to determine their own travel and subsistence rates.

15. The APA panel has proposed a national framework, which it seems appropriate for the MPA to adopt. This is reflected in the MPA scheme proposed in appendix B. However, appendix B also tries to align the MPA with some of the principles of the Greater London Authority expenses scheme, especially as regards members’ use of taxis (which can be a major expense) and air travel, which the GLA sets at economy class.

16. One difference between the APA proposals and the GLA scheme is on train journeys – the APA proposes 1st Class travel (as currently provided for in the MPA scheme), whilst the GLA require Standard Class travel. The proposed MPA scheme tries to set a middle way by inviting members to consider travelling standard class for shorter journeys, for reasons of economy.

17. The proposed scheme has uprated current provisions in regard to mobile phone use. Where Authority mobile phones are issued the Authority currently pays the bills on the expectation that business calls should cost no more than £30 per month. Experience suggests that this level, which is the same as for landline telephones, is too low. It is proposed to increase it to £50. If bills exceed that, the member will be asked to identify personal usage and to pay for that use. Of course, members should not expect the Authority to pay for any personal calls so it is for them to declare personal usage even if this comes within the £50 limit.

16. The Committee is asked to consider the proposed expenses scheme, for recommendation to the full Authority. In particular members are asked whether they endorse the proposal to align with the GLA on taxi use and economy air travel, and for their views on the class to be adopted for rail travel.

Members’ allowances scheme – minor alterations

17. The APA panel’s second report also addressed the issue of whether the allowance should continue to be paid in the event of a member being unable to carry out his or her duties for a period of time, for various reasons. The following are recommendations based on the panel’s views:

• Absence for a lengthy period due to sickness: under the Greater London Authority Act 1999, a member can be removed by the Authority if he or she fails to attend meetings for more than three consecutive months, without the Authority’s consent; or if the Authority is satisfied that the member is incapacitated by physical or mental illness. It is recommended that in the case of long-term sickness the allowance should continue to be paid until such time as the Authority decides to withdraw membership.
• Maternity and paternity arrangements: it is recommended that where a member is unable fully to carry out their duties for a short period due to the arrival of a new child (including an adopted child) the allowance should continue to be paid for a period of three months.
• Suspension: where a member has been suspended following a breach of the authority’s code of conduct it is recommended that the member should not be entitled to receive any allowances during the period of suspension. However, if the member is subsequently exonerated the member should be paid the allowances that he or she would have received during the period of suspension.

C. Equality and diversity implications

18. There are no major equalities implications in what is proposed in this report. However, there are clearly implications in points of detail in terms of how members’ needs are catered for. As an example, some forms of disability should be taken account of when assessing how well a member has performed his or her duties or in considering sickness arrangements. The provision for maternity and paternity arrangements should help to make MPA membership more accessible for a wider range of people.

D. Financial implications

19. There are no direct financial implications. However, the basis for a number of these proposals is the need to demonstrate careful and proper use of public funds.

D. Background papers

• Current MPA members’ expenses scheme
• 1st and 2nd report of the APA Independent Panel
• Report to Co-ordination & Policing Committee on lead member roles, on 6 September 2002

E. Contact details

Report author: Simon Vile, Head of Secretariat, MPA.

For information contact:

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

Appendix A

Job Profiles - Metropolitan Police Authority Member

Role

• To ensure that there is an effective and efficient police force for the metropolitan police district
• To ensure that local communities receive best value in local policing services
• To set the strategic direction for the force and exercise effective oversight of force performance
• To represent the interests of all those who live in, work in, or visit the police authority area and to ensure that the views of local people are reflected in the nature and style of local policing
• To ensure that policing services are provided fairly and in a way which does not discriminate against any group or individual
• To participate constructively in the good governance of both the authority and the force

Responsibilities

1. To carry out collectively all statutory and locally determined requirements of a police authority member, including participation in the formulation of policy, decision?making and other activities of the full authority (such as determining the budget and precept, determining local policing priorities, agreeing the annual policing/best value plan and other strategies). A list of police authority statutory responsibilities is at Annex 1.

2. To participate effectively as a member of any committee, panel, task group or other authority forum to which the member is appointed

3. To participate in best value reviews, as nominated by the authority

4. To comply with all relevant codes of conduct and maintain the highest standards of conduct and ethics

5. To maintain an up?to?date knowledge and awareness of national and local policing issues

6. To maintain a good working knowledge of force policies and practices and to establish good working relationships with officers of both the authority and the force

7. To scrutinise, challenge and monitor all aspects of force performance

8. To participate fully in local consultative arrangements and actively engage in communication and dialogue with local people about local policing services. In particular this responsibility will be discharged through the member’s link member role

9. To represent the views of the police authority within local communities and the views of local communities to the authority

10. To participate actively in any outside body or forum on which the member is appointed to represent the authority

11. To be involved in the appointment, discipline or dismissal of senior officers, as appropriate

12. To monitor the way in which complaints are dealt with by the force and deal with complaints against chief officers, as appropriate

13. To promote equality of opportunity and work to eliminate unlawful discrimination both internally within the authority and force and in the provision of policing services

14. To attend local, regional and national conferences/seminars/briefings, if nominated by the authority

15. To participate in inspections and audits of the force and authority, as appropriate

The remuneration for MPA members – the basic allowance – is based on the estimate that a member has to make a time commitment of 1 to 2 days per week to fulfil his/her responsibilities.

Job Profiles - Chairs of Major Committees or Panels

Role

• To fulfil the basic responsibilities of an authority member and to chair a major committee, panel or similar of the authority or act as a lead member for a particular portfolio which attracts a special responsibility allowance (currently audit and estates issues)

Additional Responsibilities

1. To lead the work of a major committee of the authority

2. To act as the authority's lead member and spokesperson on the areas within the committee's remit

3. To develop and maintain up?to?date knowledge and specialist expertise in the area for which responsible

4. To liase closely with authority and force staff in developing and managing the work of the committee

5. To contribute to national policy development, national events or APA networks or initiatives on the areas for which responsible

The Special Responsibility Allowance for Chairs and portfolio holders is based on the estimate that a member has to make a time commitment of 1.5 to 2.5 days per week to fulfil his/her responsibilities.

Lead Member roles

The MPA Co-ordination & Policing Committee on 6 September 2002 agreed the following basis for the appointment of lead members:

1. To act as champion for that particular subject area.

2. To be the initial point of contact for the MPS or others wishing to discuss issues informally with an MPA member or to sound out views.

3. Under some circumstances, and particularly in the event of non-availability of the Chair, to act as a spokesperson.

4. To contribute to policy development locally and nationally as appropriate, by representing the MPA on other bodies etc.

5. Committee Chairs are by definition the lead member for those areas in their committee’s terms of reference, unless another member has been allocated a specific responsibility – in such cases it is preferable for that member to be drawn from the committee’s membership.

6. Lead members do not have the authority to commit the MPA to a course of action or to make decisions on its behalf.

7. In carrying out their role or speaking publicly, the lead member must promote and represent views or policies agreed by the MPA or its committees even if these are not their own views.

8. Lead members have a responsibility to keep the relevant committee informed of their work by way of regular written updates, and to keep themselves informed of the key developments and issues in their lead area.

9. A lead member can request briefings/information on their subject area from MPA and MPS officers (within reason in terms of the time it might take to produce a briefing).

10. The lead member role will be reviewed annually at the time of the Authority’s annual meeting. The lead member will be asked to produce a written report of their activities during the year and an assessment of whether there is a continuing need for the role.

MPA committees are currently being asked to decide whether any subject areas within their terms of reference require the appointment of a lead member.

The lead member role does not attract a special responsibility allowance unless specifically agreed by the MPA and the general assumption is that SRAs will not apply, given that basic allowances were set at a comparatively high level to recognise such demands on MPA members.

Job Profiles - Deputy Chairs

Role

• To fulfil the basic responsibilities of a police authority member and to hold the office of deputy chair of the authority

Additional Responsibilities

1. To deputise for the Chair when necessary

2. To liaise closely with the Chair and assist him/her in overseeing conduct of the authority's business as described in the Chair's job profile

3. To represent the authority on the APA, if nominated to do so

Job Profile - Chair of the Authority

Role

• To fulfil the basic responsibilities of a police authority member and hold the office of chair of the authority

Additional Responsibilities

1. To provide leadership, ensuring that the authority works as a coherent and corporate body

2. To preside at authority meetings, applying standing orders and ensure that members have a fair opportunity to participate in debates

3. To represent the authority to the press and outside organisations

4. To oversee co?ordination of police authority business at member level and develop, review and monitor implementation of the policies and strategies of the police authority

5. To liaise with the Clerk, Treasurer and Commissioner to facilitate authority business

6. To hold regular strategic meetings with the Commissioner and to maintain the tripartite arrangement with the Home Secretary and the Commissioner

7. To liaise with the Mayor of London on policing issues

8. To attend GLA Functional Bodies Question Time to answer questions on policing issues

9. To satisfy himself/herself that arrangements are in place for effective management of the police authority

10. To be involved in the performance appraisal and objective setting for the Clerk and Treasurer of the Authority

11. To represent the authority on the Association of Police Authorities

12. To attend regional networks and national tripartite gatherings, as required

Where the Chair is an independent or magistrate member the position will attract a special responsibility allowance which is based on the assumption that a time commitment of 2.5 to 3.5 days a week is required.

Annex 1

Summary of Police Authority

Statutory Duties/Responsibilities

(NB in some cases there are separate requirements on the MPA)

Police Authorities' three key functions are:

• To secure an efficient and effective police service (Section 6, Police Act 1996)
• To secure best value i.e. continuous improvement in the way [their functions] are exercised having regard to economy, efficiency and effectiveness (Section 3, Local Government Act 1999)
• To make arrangements for obtaining

• the views of [local] people [about] the policing of their area; and
• the co-operation [of local people] in preventing crime (Section 96, Police Act 1996)

Authorities have a whole range of statutory duties which underpin these functions. The following is not an exhaustive list ? in particular, it does not detail procedural matters under local government legislation or those relating to the appointment or responsibilities of police authority officers/staff under police/local government legislation. Instead, it focuses on key responsibilities that police authorities are required to fulfil as part of their functions. These are:

• To determine the local priorities for policing ? after consulting local people and the chief constable (section 7, Police Act 1996)
• To publish an annual policing plan including Ministerial Priorities, local policing objectives and any performance targets set by the authority and including the best value performance plan (Section 8, Police Act 1996 & Section 6, LGA 1999 and associated regulations)
• To report back to the community at the end of the year on the extent to which the policing/best value performance plan has been met (Section 9, Police Act 1996)
• To appoint and dismiss the Chief Constable, subject to the approval of the Secretary of State (Section 11, Police Act 1996)
• To appoint and dismiss Assistant Chief Constables and be consulted on the designation of a Deputy Chief Constable (Section 12, Police Act 1996 and Police Regulations)
• To hold the Police Fund and maintain accounts (Section 14, Police Act 1996)
• To propose the police budget to the Mayor
• To nominate one or more members of the authority to answer questions on the discharge of the authority's functions at a meeting of a relevant council when given reasonable notice of this by the council (section 20, Police Act 1996)
• To collaborate with other police authorities to jointly provide equipment, premises, or other material or facilities, where appropriate (Section 23, Police Act 1996)
• To decide the charges for the provision of special police services (Section 25, Police Act 1996)
• To provide advice and assistance to an international organisation, institution or a police body outside the UK (includes secondment of police officers), subject to the consent of the Home Secretary (Section 26, Police Act 1996). The authority can charge for such advice/assistance.
• To comply with any direction given by the Secretary of State on performance targets for Ministerial priorities (Section 38, Police Act 1996)
• To comply with any Codes of Practice issued by the Secretary of State relating to the discharge of police authority functions (Section 39, Police Act 1996)
• To comply with any direction made by the Secretary of State following an adverse report by HMIC i.e. that the force is not, or will cease to be, effective or efficient (Section 40, Police Act 1996)
• To comply with any direction made by the Secretary of State as to the budget requirement (Section 41, Police Act 1996)
• To comment on any HMIC report on the force and any comments made by the chief officer about the report and to publish those comments (section 55 Police Act 1996)
• To investigate complaints about the conduct of ACPO officers (Section 68, Police Act 1996) or where appropriate refer complaints to the PCA (Section 70, Police Act 1996)
• To keep itself informed of the workings of the complaints and discipline procedures (Section 77, Police Act 1996)
• To have regard to any guidance issued by the Home Secretary on complaints or disciplinary matters (sections 83 & 87 Police Act 1996)
• To pay out of the Police Fund, in such cases and to such extent as it thinks appropriate, any damages or costs awarded against the police in respect of torts or in relation to the settlement of a claim (Section 88, Police Act 1996)
• To receive grants from any local council which falls wholly or partly within the authority area either unconditionally or, subject to conditions agreed with the chief officer of police (Section 92, Police Act 1996)
• To accept gifts of money or gifts and loans of other property, including commercial sponsorship of any activity of the authority or force on such terms as appear to it to be appropriate (Section 93, Police Act 1996)
• To conduct best value reviews of its functions in accordance with any order made by the Secretary of State (Section 5, LGA 1999)
• To publish any audit report on its best value performance plan (Section 9, LGA 1999)
• To co-operate with the 'responsible authorities' in formulating and implementing crime and disorder audits and strategies for each district/unitary in its area (Section 5, Crime & Disorder Act 1998)
• To exercise its functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area (Section 17, Crime & Disorder Act 1998)
• To comply with the requirements of the Freedom of Information Act 2000
• To have due regard for the need to:

• Eliminate unlawful racial discrimination
• Promote equality of opportunity and good relations of persons of different racial groups
  (Section 2, Race Relations (Amendment) Act 2000)

• To maintain an effective Independent Custody Visitors scheme (non?-tatutory)

Appendix B

Expenses to be paid to Members

In addition to the new Basic and Special Responsibility Allowances Scheme all MPA members can claim actual expenses incurred whilst on Authority business. These are listed below (as approved by the full Authority on XXXX 2002).

All expense claims must be supported by receipts and sufficient details of the expense incurred and the reason for it, otherwise it will not be possible to pay the claim.

Travel Expenses

Public transport and taxis

Members should use public transport wherever possible and are expected to keep the use of taxis to a minimum. On some occasions taxi use is acceptable:

• when it is unreasonable or impractical to use public transport
• when members share a taxi, making it as economic as public transport
• late at night (after 9 p.m.) if personal safety is of concern
• when carrying heavy equipment or files

Where possible, members should anticipate the need for a taxi and contact the MPA Members Services team on 7202 0184 so that it can be booked through the MPA account. Receipts must be provided for taxi use unless booked on the MPA account.

As it is the most expensive form of transport, the use of taxis will be monitored and reported to the Co-ordination & Policing Committee (the committee responsible for monitoring the Secretariat’s budget) as appropriate.

Rail travel

If travelling by rail, members are entitled to travel first class. However, for shorter journeys members are invited to consider foregoing this in the interests of economy.

Air travel

If travelling by air, economy class should be used, unless other issues are involved such as health. A decision on any variation to the use of economy class must be made by the Clerk. All flights will be arranged by Members Services.

Motor vehicle

The rates are, for all car sizes:

• up to 10,000 miles – 40 pence a mile
• over 10,000 miles - 25 pence a mile

Bicycle rates – 7 pence a mile

Hotel accommodation

If overnight hotel accommodation is necessary, the booking will be made by Members Services to ensure best value for money. Extras such as laundry, room service, alcoholic drinks, videos, newspapers etc cannot be claimed.

Subsistence rates (unless meal costs are included in the hotel accommodation costs)

• Day (up to 12 hours) £10
• Day (over 12 hours/less than 24 hours) £20
• Overnight (24 hours) £30

Meals on trains

Actual receipted expenditure. The Authority will not meet the cost of alcoholic drinks.

Business Telephone Calls

Members may claim expenses of up to £30 per month for business calls. Where an MPA mobile phone has been issued the Authority will pay the bill direct but the member is not expected to exceed £50 per month on business calls. Where the bill exceeds £50 the member will be asked to identify all personal calls made so that s/he can be invoiced for these.

This is not an allowance and members should only claim for business calls made in the course of their Authority business.

Laptops

Members with MPA laptops can claim business internet use but their claim must be accompanied by an itemised phone bill.

Business Entertaining

As a general rule, given that the Authority has very limited resources available for this, you should not take people out to lunch or dinner and expect to be reimbursed by the Authority. Facilities at Dean Farrar Street should be used wherever possible.

Business entertaining may be appropriate when:

• your role requires it
• you are hosting a visit from overseas
• there is a good reason for using a restaurant or other facilities

You must be able to demonstrate:

• that the purpose of the meeting is MPA business and not social; and
• that you have chosen a reasonably priced location

The prior approval of the Clerk or Treasurer must be obtained. For any claims you will be asked to supply:

• the name and organisation of the recipient(s)
• the purpose of the business entertaining

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