Agenda item

The Chairman drew members’ attention to a letter which had been sent to him from the Police and Crime Commissioner on 24 June. The PCC had requested that the matter remain confidential, though it had been agreed that the letter be shared with members of the Panel thirty minutes prior to the start of the meeting. A copy of the letter is filed with these minutes.

 

The Chairman read out the letter for the benefit of those in attendance and viewers of the webcast. The letter read as follows:

 

“Dear Joe,

 

Please accept my very sincere apologies for being unable to attend today’s meeting of the Police and Crime Panel.

 

As you are aware, I have for some months been suffering from very severe back pain. Despite having seen several different consultants and undergone medical procedures, I remain in constant pain.

 

Whilst I have sought to fulfil my duties to the best of my ability, the pain I am experiencing has become increasingly compromising to the point that I am unable to drive, or to stand or sit for any period of time.

 

I have now reached the point that I do not feel able to fulfil my role in the way that you, the Force, or, most importantly, the public would expect, and in order to address my on-going health issues and, I hope, to make a full and speedy recovery, I feel compelled to take a period of extended absence due to incapacitating ill-health.

 

Having sought legal advice, the provisions of the Police Reform and Social Responsibility Act 2012 cater for this eventuality, and invite you as a Panel to appoint an Acting Police and Crime Commissioner to undertake all the statutory responsibilities of the role during my absence.

Furthermore, the Act requires that the individual chosen for this role must be a member of my staff and that the Panel should consider any recommendation I may make about the identity of that individual.

 

I would wish, for the duration of my absence, that my Chief Executive Officer Paul Stock is appointed by you to undertake the role of Acting Police and Crime Commissioner for Leicester, Leicestershire and Rutland.

 

I have spoken to Paul, and to my senior management team, and Paul is willing to undertake this role. If approved by the Panel, Paul’s team will absorb his monitoring responsibilities.

Needless to say, Simon Cole and his Chief Officer team are aware of my decision and will be supportive of the new arrangements to achieve the shared goal of crime reduction and community safety.

 

I bitterly regret that my ill-health requires me to take this decision, and it is one that I take only after considerable soul-searching. My overriding concern is that a Police and Crime Commissioner should undertake the entirety of his or her responsibilities on behalf of the public they serve, and I must accept that my health currently prevents me from so doing.

 

I very much hope that a period away from work will allow me access to the necessary medical interventions and to return to my role as swiftly as possible.

 

With my warmest wishes,

 

Sir Clive Loader

Police and Crime Commissioner”

 

The Chairman gave the Chief Executive of the OPCC the opportunity to provide any update on the PCC’s position. The Chief Executive and the Director of Human Resources of Leicestershire Police stated that the Occupational Health service for the Police Force had confirmed that the Commissioner was currently recuperating and had been certified as being unfit for work. They further stated that medical conditions could change quickly and therefore his condition was being monitored closely. At this point the Chairman asked that the Panel’s best wishes be passed on to the Commissioner for a speedy and full recovery.

 

As the PCC had chosen not to appoint a Deputy PCC, the legislation required the Panel, in circumstances such as these, to appoint an Acting Police and Crime Commissioner from the staff of the OPCC for a period of up to six months to carry out his duties in his absence. It was noted that, should the Commissioner’s absence go beyond a period of six months, his post would become vacant given an election was due to be held on 5 May 2016.

 

The Panel noted that there were around 20 members of staff in the OPCC and that there were the following senior posts:

- Chief Executive
- Chief Finance Officer
- Head of Governance
- Head of Commissioning and Partnerships
- Head of Policy

The Chairman summed up the position facing the Panel by stating that it was being asked either to:

·                Appoint the Commissioner’s recommended candidate, Paul Stock, Chief Executive of the OPCC as Acting Police and Commissioner with immediate effect; or

·                Allow the Chairman to discuss the matter further with officers of the OPCC in order to enable a transparent process to take place whereby expressions of interest could be sought from all appropriate officers in the OPCC which would allow the Panel then to interview candidates at a meeting in July.

At this point, the Panel chose to adjourn the meeting in order to consider its position in private.

 

The Panel adjourned at 1.20pm. The meeting recommenced at 2.20pm

 

On returning to the meeting, the Chairman read out the decision of the Panel. Copies of the decision were circulated to those in attendance.

 

RESOLVED:

 

(a)       That the Panel:

 

            (i)         notes the letter from the Commissioner to the Chairman in regard to the former’s ill health and his absence from office for a significant period of time, and passes on our best wishes to the Commissioner for a full recovery;

 

            (ii)        notes the legislative position which requires it in circumstances where the Commissioner is incapacitated to appoint an Acting Police and Crime Commissioner from the Commissioner’s staff;

 

            (iii)       records its regret and concern for notification to the Home Secretary that the legislation should have been drafted and approved such that an unelected official can assume the role of the Police and Crime Commissioner, and further draws the attention of the Chairman of the Home Affairs Select Committee and local MPs to the situation and requests them to press for a change to the legislation;

 

            (iv)       notes the Commissioner’s recommendation that the Panel appoint the Chief Executive Officer of the Office of the Police and Crime Commissioner as Acting Police and Crime Commissioner until such time as the Commissioner returns to office, and that such an appointment can only last six months;

 

            (v)        notes that the election of a Police and Crime Commissioner is scheduled for 5^th May 2016 and that a vacancy occurring within six months of that date would mean the office is left unfilled;

 

            (vi)       remains disappointed that the Commissioner chose not to appoint a Deputy when he took office which the Panel feels would have enabled a more acceptable solution in the current circumstances;

 

            (vii)      in accordance with the legislation, should not make an appointment of Acting Police and Crime Commissioner at short notice and without an open and transparent process being followed to meet some of the Panel’s objectives of fairness and equality.

           

(b)       That the Chairman, secretariat and two members of the Panel are therefore requested to meet the Chief Executive Officer of the Office of the Police and Crime Commissioner and other senior staff to ascertain interest in the acting role, to consider the impact of an acting appointment on the running of the Office, and to invite interested candidate(s) for interview by the Panel at a meeting in July in order that the candidates’ suitability can be assessed.