Minutes of the Annual General Meeting of the Northern
Constabulary Joint Branch Board held at Lochardil House Hotel, Inverness on 23rd
/ 24th February 2000.
1. MEMBERS PRESENT
Murdo Cameron Alan
Heath
Fiona MacLeod Derrick
Cronie
John Darcy Alan
Drummond
John Jones-Davies Alistair
McBean
George MacDonald Thomas
Ogilivie
David Ross James Simpson
Nigel Stafford Reay
MacKay
John Finnie (Secretary) John MacDonald
Murdo Fraser
Mrs S MacKay, Branch Board Administrator was also in
attendance.
2. APOLOGIES
FOR ABSENCE
Alan
Heath- Training Scottish Police College (Day 1)
Robert
Pollock - Duty commitments
3. OPENING
OF MEETING
The Secretary opened the meeting by welcoming everyone
present, particularly the newly elected representatives, and advised on the
matters to be considered by Separate Boards prior to the formal commencement of
the Joint Meeting.
The meeting reconvened at 1100 hours.
4. ELECTION
OF CHAIRMAN
The Secretary called for nominations for the post of
chairman. James Simpson was proposed by
John Darcy and seconded by David Ross and, there being no other nominations,
was duly elected and thanked those present for their continued support.
5. ELECTION
OF VICE CHAIRMAN
Murdo Fraser was proposed by David Ross and seconded
by Murdo Cameron and, in turn, himself nominated John Darcy, a nomination
seconded by Derrick Cronie. At this
point Murdo Fraser declined the nomination and, there being no other
candidates, John Darcy was duly elected and thanked Members for their support.
6. ELECTION
OF ASSISTANT SECRETARY
David Ross was proposed by John Finnie and seconded by
John Jones-Davies and, there being no other candidates, was duly re-elected and
thanked those present for their continued support.
7. OFFICE
BEARERS FOR SEPARATE BOARDS
Constables'
Board - Chairman James
Simpson
- Secretary John Finnie
Sergeants'
Board - Chairman John
Jones-Davies
- Secretary Derrick Cronie
Inspectors'
Board - Chairman John
Darcy
- Secretary George MacDonald
8. APPOINTMENT
OF JOINT NEGOTIATING AND CONSULTIVE COMMITTEE REPRESENTATIVES
John
Darcy, John Finnie, David Ross and James Simpson were appointed.
9. DELEGATES
AND RESERVES TO JOINT CENTRAL COMMITTEE
Constables'
Central Committee - Delegate - John
Finnie
Reserves - David Ross, James Simpson,
Reay
MacKay, Alistair McBean,
Murdo
Cameron
Sergeants'
Central Committee - Delegate - John Jones-Davies
Reserves - Derrick Cronie, Thomas Ogilvie,
Murdo
Fraser
Inspectors'
Central Committee- Delegate - George MacDonald
Reserves - Alan Drummond, John Darcy,
John
MacDonald, Nigel Stafford
10. DELEGATES
AND OBSERVERS TO ANNUAL CONFERENCE
Constables'
Board - Delegates - Murdo Cameron, John Finnie, David Ross,
James
Simpson
Observer
- Alistair McBean
Sergeants'
Board - Delegates - Derrick Cronie, Alan Heath, John
Jones-Davies
Robert
Pollock
Inspectors' Board - Delegates
- John Darcy, George MacDonald,
Alan Drummond,
Nigel
Stafford
Observer
- John MacDonald
11. ADOPTION
OF STANDING ORDERS
Proposed
by Alan Drummond and seconded by David Ross
12. APPROVAL
OF MINUTES OF LAST MEETING
Proposed by David Ross and seconded by Murdo Cameron.
13. TREASURER'S
REPORT AND BALANCE SHEET
The Balance Sheet was circulated to Members in advance
of the meeting, and following a verbal report from the Treasurer, was adopted
by the meeting.
14. MATTERS
ARISING
14.1 Legal Advice / Assistance
(1) Ongoing
Legal Cases
There are currently 15 cases being considered
involving a total of 18 officers. Four
cases relate to criminal injuries compensation claims.
RETAIN
(2) Discipline
/ Misconduct
Following the last meeting the Secretary and Assistant
Secretary met with the Deputy Chief Constable to discuss the issue of
statements of complain being solicited / noted from complainers who were
intoxicated and/or under the influence of some other substance. It was agreed that this issue would be
addressed in new training and documentation soon to be produced by the
Professional Standards and Conduct Department.
As a result of several complaints from Members, the
Assistant Secretary met recently with the Deputy Chief Constable and Chief
Inspector Darcy to discuss local resolution of "misconduct of a minor or
trivial nature". It was agreed
that the letter used by the Deputy Chief to advice Area Commanders of decision
to counsel staff be amended to include any explanation or comment which the
officer/s concerned MAY wish to give.
Local resolution of complaints will also be monitored on an on-going
basis.
The meeting agreed that the Secretary should act as th
eBoard's "Discipline, Conduct and Efficiency Advisor".
RETAIN
14.2 Police Housing
The Board discussed Members' concerns regarding the
lack of the any clear policy in respect of Police Provided Accommodation and it
was agreed that the Secretary write to the Chief Constable in order to clarify
his intentions.
RETAIN
14.3 Criminal Injuries Compensation
There are currently 12 cases being processed with four
the subject of legal assistance, one settled since the last meeting and one
Notice of Determination being considered.
RETAIN
14.4 Northern
Police Convalescent Home (NPCH)/ St George's Fund
Members have for some time now been voicing concerns
about great difficulties in making arrangement for their attendance at the Home
through the Welfare Officer and accordingly, the Assistant Secretary wrote to
the Welfare Officer suggesting that the administration of applications revert
back to the Federation.
This change in procedures has been accepted and
Members will be advised via an entry in the Force Information Bulletin.
Though very high, not every officer subscribes to the
Northern Police Convalescent Home and/or St George's Fund and anyone who wishes
to join need only send a memorandum to the Payroll Section to that effect.
RETAIN
14.5 Joint Negotiating and Consultative
Committee (JNCC)
There
has been no meeting since the last JBB Meeting.
(1) Protective
Equipment
A presentation was made to a meeting of the Northern
Joint Police Board of C S Spray, Body Armour, Covert Shoulder and the ASP
friction loch baton.
The Chief Constable has indicated that he intends to
purchase and issue the equipment as soon as is reasonably practicable in the
next financial year.
Following a recent ill-informed article in a newspaper
the Secretary wrote to the Editor pointing out the errors and advising him, and
the MSP quoted, of the facts relating to CS Spray and assaults on officers in
our Force area.
2. Grievance Procedure
Peter Lamont, Head of Administration, submitted
his report on the Force's Grievance Procedure to the Chief Constable in
September 2000. To date, the Chief
Constable has neither published nor consulted upon the recommendations
contained therein.
The Human Resources Department have a
obligations to provide statistical information on Equal Opportunities to the
Scottish Executive though not meantime on the Force's Grievance Procedures.
The meeting agreed that
whilst some recent improvement is evident, it has become apparent that, save
the few occasions when matters fall within the scope of Employment Tribunals,
the Grievance Procedure, like many other hard-worked "force personnel
policies" is selectively ignored.
The Chairman, submitting a grievance on an
issue affecting the entire Membership, noted "it appears our (force
personnel) policies are to be seen and admired but not acted upon."
Members noted that whilst dealing with a recent grievance,
the Chief Constable advised the officer of their access to Her Majesty's
Inspectorate should they be dissatisfied with the outcome of Stage 3.
RETAIN
3. Risk Assessments & Health and Safety
Inspections - see "6.9"
4. Stress
As a resulting of the widely conflicting professional
views which exist regarding "Critical Incident Stress Debriefing", the
Draft Force Reference Document remains the subject of ongoing discussions.
The meeting were aware of, and expressed no surprise
regarding, recent research by Labour Research Department among Health and
Safety Representatives which indicated "two out of three safety reps said
stress at work was a major health and safety concern". The research also revealed "poor management was found to be the
top cause of stress - 58% of respondents said it was the main cause".
The Secretary advised the Board of his personal
frustration that, since raising the issue of "stress" for the first
time at the JNCC on 18 March 1991, the Branch Board's consistent concerns have
been met by apparent indifference by the Northern Constabulary.
Members noted that, in terms of the Force Reference
Document "a stress risk assessment
will be included in all job descriptions, operational planning and operational
activities." Since the inception of
this Document on 11th October 2000 there is no evidence that compliance has
occurred and the meeting agreed the Secretary raise this with the Deputy Chief
Constable and Head of Human Resources.
The Branch Board are solely responsible for the
provision to all Federated Officers of a "Stress Counselling
Helpline", staffed by professionals, 24 hours a day, 365 days a year.
(Telephone Number 08705-234999).
The meeting hope the Force will recognise it's duty of
care in this vital area , failing which it can only anticipate further
litigation.
6.6 Insurance
The Secretary reported that
all the Insurance Scheme put in place by the Board
continue to operate
satisfactorily.
DELETE
6.7 Police
Pay and Conditions
The Secretary advised the meeting that national
negotiators are dealing with the "PNB Joint Working Party on Pay"
and "Regional Allowance" details of which he trusted Members
would accept meantime remain "Private and Confidential".
The provision of a "Standby (On-Call)
Allowance", under discussion at PNB for some time is, once again, the
subject of research with the implications for "working time" to be
considered in light of returns.
Local Representatives are collating the necessary
information and it is to be hoped that, on this occasion, all the other
Scottish Branch Boards will support the compilation of the questionnaire. (NOTE - the agreed position of the Scottish
Police Federation, the Association of
Scottish Police Superintendents and the Association of Chief Officers in
Scotland is that officers can only be "on" or "off"
duty. Any officer electing to be
"on-call" is to be regarded as doing an obligement.)
Legal advice has been obtained regarding Regulation
22 "Overtime" which states "the language of 22(5) is that
time off is granted 'equal … to the period of overtime worked'. There is no reference here to the
disregard" (of the 30 minutes).
In practice any officer electing to take time off in lieu of additional
hours worked should not deduct "the first half-hour".
1. Pensions
The Human Resources Department have agreed to advise the Federation
Office of any enquiries from Federated Officers regarding Extension to Service
in order that the fullest information can be supplied regarding the
wide-ranging pension implications.
2. Police Negotiating Board (PNB)
a) Minutes - none
b) Circulars
-
00/14
back pay for officers who worked part-time between 1/7/92 and 31/8/98
00/15 the
effective date of the PNB's earlier agreement on the treatment of police
officers transferring from the British Transport Police to Home Department
Forces
00/16 introduction of a career break scheme for
the police service
00/17 Guide to Negotiable Conditions of Service
3. Legislation
Scottish Executive Police Circular No 10/2000 Police Pay Settlement
2000
4. Consultation Documents
The following Consultation Documents have been
responded to; National Policy for the Recruitment, retention and Development
of Minority Ethnic Staff within the Scottish Police Service and Tagging
Offenders: The Role of Electronic Monitoring in the Scottish Criminal Justice
System.
The following document will be responded to in due
course: Redressing the Balance: Cross Examination in Rape and Sexual Offence
Trials.
5. Police Removals
- Regulation 47
Following problems encountered by an Officer the
Assistant Secretary wrote to the Chief Constable expressing concern at the lack
of information provided to Officers transferring, a reply is awaited.
A query regarding the cost of Mortgage Indemnity
Premiums being included in the mortgage costs was addressed by the PNB and
deemed to be qualifying expense.
The Secretary had placed an entry in a recent
Federation Bulletin regarding mis-information placed by the Force on PINS
encouraging "any officer who has encountered difficulties being reimbursed
such costs, particularly survey fees, should send WRITTEN
details to the Federation Office and a check will be made to confirm
whether officers have been fully reimbursed".
The Secretary agreed to examine the issue of retention
of original receipts by the Force following submission of claims. Members expressed concern that the absence
of original receipts could invalidate guarantees.
6. Force Structure
On 6th November, the Justice Minister Jim Wallace
announced his adoption
of the Steering Group's proposal that the eight forces
be retained.
7. Working Time
Regulations 1998
These Regulations were discussed at the Human Resources
Practitioner Group on 21st November 2000.
It was agreed that the accurate recording of working time was essential
and that the current paper based system was both cumbersome and inadequate. The early progression of a computer-based
system was considered to be desirable and, in the meantime current practise
being adopted in Area Commands is to be examined to determine best practise
with paper recording. The Assistant Secretary advised the Board that at this
meeting Ian Collins, Health, Safety and Welfare Manager, was to have addressed
questions raised by Area Commands/Service Units, however, in the event only
three questions were dealt with. Board
Members were encouraged to submit any questions on the Regulations, either from
themselves or their respective areas, direct in writing to Ian Collins.
6.8 Force
Personnel Policies
The Secretary advised the
meeting that he was concerned at an apparent reluctance on
the part of the Head of
Human Resources to respond to written communications
from the Board. Members agreed that this situation will not continue unchecked.
The Secretary advised the
meeting that a number of officers, and their families, have
been subjected to
unnecessary anxiety by the inefficient manner in which a several
retirals have been
administered in the last year.
On occasions delays in the
decision-making process can result in officers suffering
unnecessary financial
penalties under the Police Pension Regulations. The services of
the Federation solicitors have
and will continue to be utilised to ensure no officer is
disadvantaged in this
area. (Note - In terms of Regulation
A17 of the Police Pension
Regulations 1987, all
retirals require the consent of the "chief officer" (chief
constable)).
The Secretary advised the meeting that the
well-documented difficulties with Regulation 27A, Pay During Sick Leave,
at its inappropriate, though subsequently
rescinded, application to a seriously ill officer, was the latest in a
line of on-going problems with the Force's mismanagement of that
Regulation. As a result of recent
difficulties the Secretary is representing the Federation on a small HR Group
recently tasked with examining the whole area of "Sickness Management".
The Secretary had
endeavoured to provide Members with detailed accounts of the
Auditing of a variety of Force Personnel Policies which
the Human Resource
Department are charged with
undertaking.
Members expressed concern
that, the absence of detailed audits was evidence of the
Human Resource Department
failing to meet its obligations to the Membership.
The meeting believed there
appeared a "general malaise" in a number of areas and
questioned the worth of the
auditing process and the absence of in-house
"inspectorate"? The meeting agreed that the Secretary write
the Chief Constable
highlighting the Board's
concern at the above matters.
The Secretary raised the question of full compliance
with all equal opportunities legislation following the Area Commander's
Shetland's belief that he "can
justify advertising for female officers on the grounds of 'genuine
occupational qualification'".
The majority of Members expressed support for the view that significant
operational difficulties can be encountered by the limited number of female
officers available for deployment in Island Areas. The meeting agreed to monitor developments closely.
Following the issue on 13th November of an E-mail
from the Head of Training to all Service Unit Managers regarding "Overtime
of Courses", the Secretary submitted a detailed letter on the 15th
November to Head of Human Resources "Federated Officers Attending the
Scottish Police College and Other Training Establishments Outwith the Force
Area" which will form the basis of guidance from the Board.
Investors in People
The Meeting endorsed the Secretary's response to a
paper suggesting the Force "joins"
"Investors in People" and his view that the £5,000 pound cost
be directed to operational policing.
