Minutes of the Annual
General Meeting held within The Thistle Hotel, Inverness on Wednesday 12th
and Thursday 13th March 2003.
1. MEMBERS
PRESENT
John Finnie (Secretary) George MacDonald (Chairman)
David Ross (Assistant Secretary) John Jones-Davies (Vice
Chairman)
Murdo Cameron David
Miller
Alan Drummond George Murray
Graeme Ednie Alistair
McBean
Hamish Grace Calum
Steele
Reay MacKay Malcolm
Taylor
Donald MacPhail Donald Ross
2. APOLOGIES
FOR ABSENCE
Apologies were received
from Peter MacPhee and David Miller (Day 2) due to meeting commitments.
3. OPENING
OF MEETING
The Secretary opened the
meeting by welcoming everyone present, particularly the new Representatives,
and advised on the matters to be considered by the separate Branch Boards prior
to the formal commencement of the Joint Meeting.
The Meeting reconvened at
11.35 am.
4. ELECTION
OF CHAIRMAN
The Secretary called for
nominations for the post of Chairman.
George MacDonald was
proposed by Donald Ross, seconded by George Murray and, being the sole nominee,
was duly elected. George thanked
Members for their support and stated that he'd carry out the role in the manner
that would be expected.
5. ELECTION
OF VICE CHAIRMAN
The Chairman called for
nominations for the post of Vice Chairman.
Graeme Ednie was proposed
by Hamish Grace and seconded by Murdo Cameron.
John Jones-Davies was
proposed by George Murray and seconded by David Miller.
Following a confidential
ballot, the votes were as follows;
Graeme Ednie 6 votes, John
Jones-Davies 7 votes with one abstention.
John Jones-Davies was duly
elected and thanked Members for their support.
6. OFFICE BEARERS FOR SEPARATE
BOARDS
Constables' Board -
Chairman Graeme Ednie
- Vice Chairman Murdo Cameron
- Secretary John
Finnie
- Assistant Secretary David Ross
Sergeants'
Board - Chairman John
Jones-Davies
- Vice Chairman Hamish
Grace
- Secretary Donald McPhail
-
Assistant Secretary George Murray
Inspectors'
Board - Chairman George
MacDonald
- Vice Chairman Donald
Ross
- Secretary Alan
Drummond
- Assistant Secretary David
Miller
7. APPOINTMENT OF JOINT NEGOTIATIONING &
CONSULTATIVE COMMITTEE REPRESENTATIVES
As per the Constitution the four Joint Branch Board
Officer Bearers George MacDonald, John Jones-Davies, John Finnie and
David Ross were formally appointed.
8. DELEGATES
AND RESERVES TO THE JOINT CENTRAL COMMITTEE
Constables' Central Committee
Delegate -
David Ross
Reserves - John
Finnie
Graeme Ednie
Reay MacKay
Sergeants'
Central Committee
Delegate - John Jones-Davies
Reserves - Hamish Grace
Donald MacPhail
George
Murray
Inspectors' Central Committee
Delegate - George MacDonald
Reserves - Alan Drummond
Donald Ross
David
Miller
9. DELEGATES
AND OBERSERVES TO ANNUAL CONFERENCE
Constables'
Board
Delegates - Murdo
Cameron
Graeme Ednie
John Finnie
David Ross
Observers - Reay MacKay
Alistair McBean
Calum Steele
Malcolm Taylor
Sergeants'
Board
Delegates - John
Jones-Davies
Donald MacPhail
George Murray
Inspectors' Board
Delegates - Alan
Drummond
George MacDonald
David Miller Donald
Ross
Observer - Peter MacPhee
10. ADOPTION
OF STANDING ORDERS
The Adoption
of Standing Orders were formally proposed and seconded.
11. APPROVAL
OF MINUTES OF LAST MEETING
The Minutes of
the Last Meeting were formally approved.
12. TREASURER'S
REPORT AND BALANCE SHEET
The Balance Sheet was
circulated to Members and, following a verbal report from the Treasurer,
formally approved by the Meeting.
13. MATTERS
ARISING
13.1 Legal
Advice / Assistance
1. Ongoing
Legal Cases
The liaison between the
Force's and the Federation's solicitors regarding persistent complainers
continues. A detailed Legal Opinion has
been obtained and, at the appropriate time, will be acted upon.
2. Discipline
/ Misconduct
The Secretary reported on
criticism of Federated Officers contained in the Chief Constable of Central
Scotland Police's recent report. He
added that it was regrettable an enquiry which purported to examine Northern
Constabulary's adherence to statutory provisions itself paid scant regard to
aspects of the legislation applying to the Federated Ranks.
The Secretary advised that
henceforth the Federation will seek to clearly establish the terms of reference
of any external enquiry, and seek binding assurances regarding its conduct,
prior to advising Members. He added
that its highly regrettable that resources deployed on what many considered a
predetermined 'witch hunt' could not have been directed to support hard-pressed
operational officers.
The Assistant Secretary
reported that, despite contacting Mr Napier, Area Procurator Fiscal, regarding
the case detailed in the last Minutes, (a police assault charge dropped without
reference to the officer and replaced by a charge of Breach of the Peace, the
narrative of which detailed the specifics of the assault) no reply had been
received.
The Meeting discussed this
issue at some length and AGREED the Minute reflect their disappointment at the
apparent lack of interest in the legitimate concerns of the Federated Ranks
being displayed by the Area Procurator Fiscal, an attitude extended to the many
outstanding cases involving officers referred to him in respect of which replies
are awaited.
The Assistant Secretary
advised the meeting that as a result of a complaint regarding the use of CS
Spray in another Scottish Force the Area Fiscal had instructed that the officer
deploying the Spray be reported for unlawful discharge of a Section 5
Firearm. It is understood that the
decision was taken as the 'Fiscal believed that the circumstances of the case,
i.e. the stopping of a vehicle and the arrest of its occupants, to be
'unlawful'. The Chairman informed the
Board that at present there was little information known about this case,
however the issue was being monitored and will be reported back on.
The Secretary commended the
revised memorandum providing guidance on the Police (Conduct)
(Scotland) Regulations 1996 issued to all Inspecting ranks by T/ACC McGhee in
January 2003, which it was AGREED, would be circulated to all Representatives.
RETAIN
13.2 Police
Pay and Conditions
1. Regulations
and Determinations
Joint Legal Opinion of the
PNB Sides now acknowledges that 'Determinations' will have the same legal
status as Regulations, however, the work is yet to be completed.
RETAIN
2. Competency-related Threshold Payment
Scheme
As detailed in the last
Minutes, the Head of Human Resources and the Secretary visited all areas of the
Force delivering training on the Scheme.
Claims from Officers one
year on the top point of their pay scale on 31st March, will be
paid in salaries commencing April 2003.
Members spoke of the
Memberships' lack of awareness of the progress of their applications. The Secretary advised the application of the
Scheme was subject to Review both locally and nationally and best practice
would be identified and complied with.
RETAIN
3. Special Priority Payments (SPP)
The Meeting noted the Chief
Constable's decision regarding those to receive SPP. At this time, Northern Constabulary is the only Scottish Force,
which has made decisions regarding recipients and nationally, it's understood
that ACPOS and the Scottish Executive are still discussing methods of making
smaller more widely spread payments.
Graeme Ednie gave a
detailed presentation outlining his views that the groups identified to receive
payment fail to meet the criteria of the Scheme and that 'Inverness' Officers
should have been the sole recipients of this payment.
In the wide-ranging
discussion which ensued, many opinions were expressed regarding the merit of
the identified recipients, notably Island Officers, the absence of Detective
Inspectors from the list and divisions that the whole process has created.
Members AGREED that events
to date vindicate the Board's earlier decision not to become involved in
determining the recipients.
Graeme Ednie formally
requested that the Minute record his 'disappointment at the categories of Officer
who have been chosen to receive Special Priority Payments and that in his
opinion the operational Sergeants and Constables within Inverness Area Command,
who are the only group of officers who fulfil all the criteria, are far more
deserving and it is these officers that Special Priority Payments were
specifically designed to reward.'
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4. Sick Pay
Arrangements and Service beyond 30 years
Nothing to report.
RETAIN
5. PNB
and Other Circulars
Scottish Executive Police
Circular 2 of 2003 The Police & Police (Special Constables) (Scotland)
Amendment Regulations 2003.
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6. Removal
Allowance
The Side Secretaries'
decision on four local cases is still awaited.
The Secretary has expressed his concerns to the General Secretary regarding
the unacceptable delays associated with clarification. Until such time as those decisions are
received, the advice on Removal Allowance contained on NOW cannot be
updated. The Secretary stated that
significant problems continue to arise from the failure of management and
officers subjected to relocation to agree every aspect of removal costs prior
to the move. Officers are reminded
of the need to liase with the Head of Human Resources regarding the
implications of fixed-term mortgages, prior to taking out such policies.
RETAIN
7. Change to
Monthly Pay
The Secretary advised the
Meeting of the Force's intention to move to monthly pay and of a paper
circulated on the subject.
Members raised a number
of queries relating to the issue which
were noted by the Secretary who it was Agreed would raise the issues at the
forthcoming meeting of the JNCC.
(NOTE: JNCC Meeting agreed that all officers would
be offered an interest free loan of a fortnight of their net pay repayable over
18 months. It was also agreed that a
schedule of pay dates and a frequently asked questions paper be circulated to
all Members with their next pay advice.)
8.
'Administrative' Arrangements at the Scottish Police College
The Secretary reported
raising concerns about the continuing 'quasi-military' arrangements for
'duty-team staff' at the Scottish Police College. It has since been confirmed that this 'practice' will stop. Discussions regarding officers being
'ordered' to attend for meals are
ongoing.
RETAIN
9. Subsistence Allowance
The Secretary circulated a
paper titled 'Subsistence Allowance' tabled for a meeting of the Joint
Negotiating and Consultative Committee Meeting, called at short notice, and
scheduled for 14th March.
The Secretary expressed disappointment
that despite this change to existing regulatory provision being known for
almost a year, and his raising the matter on a number of occasions in recent
months, the paper had been compiled without reference to the Federation. It is also an apparent disregard for ongoing
national initiatives, including the fact that the matter was being discussed,
on that date, by the Police Negotiating Board.
The proposed terms mirror
previous support staff arrangements. Members agreed the Paper lacked clarity, appears
to presume that the claimant is an 'office-worker' and pays little if any
regard to the historic basis of payment of these expenses.
(Note: At the JNCC the
following day, the Chief Constable expressed disappointment at the lack of
consultation on the proposal, instructed the Paper be withdrawn and the Head of
HR examine the issue).
RETAIN
10. Distant Islands Allowance
The Secretary reported
speaking to a well-attended meeting in Lerwick in December to discuss the issue
of the taxation of the Distant Islands Allowance.
Since that date discussions
have taken place locally with the Branch Board's Accountant and the Force's
Finance Service Unit.
The matter is now the
subject of detailed consideration by the Federation's national accountants and
the Assistant Secretary outlined some information which will be required from
Island Officers.
Island Representatives
indicated they would assist in the collation of information and update Members
locally.
13.3 Health
and Safety
1. Working
Time Regulations (WTR)
The agreed Bulletin on the
WTR was issued to each officer in the Force in December.
Following discussions at
the JNCC in December the Force again changed their position and expressed the
wish to discuss a Workforce Agreement.
A 'draft' Agreement was
being negotiated during January when, without reference to the Federation, the
Force sought and obtained an opinion from the Health and Safety Executive
regarding Regulation 6(7) Night work Limits.
That Opinion, which the SPF
will not contest, has the effect of meaning that an officer even working one
minute of 'night-time' is limited to 8 hours work in any 24 hour period.
The Secretary reminded
Members that, prior to receipt of that Opinion by the Force, that, as per the
Bulletin, the SPF position was that the requirement to work at least three
hours of his / her daily time during night-time applied prior to the 8
hour limit being activated.
The Force have since
apologised regarding the failure to consult then, once again, suggested there
is no need for a Workforce Agreement.
The Secretary advised the
Meeting that it was unacceptable for the Force's Sergeants to be given the task
of making all the machinations of the WTR work without appropriate support from
the Force.
The Secretary sought, and
the Deputy Chief Constable agreed, to convene an appropriate Group to examine
the myriad of issues the Force's Opinion has given rise to and the first
meeting is scheduled for 20th inst. with the Force, once again, changing their
mind and now wishing a Workforce Agreement.
The Chief Constable has
decreed that all shift patterns must comply with the advice given.
In a lengthy discussion,
Members spoke of 'the severe detrimental effect on domestic life', the
'potential for increased sickness levels', concerns about the number of
'night-shifts' required to be worked, complications associated with court and
the lack of 'assistance from the PF', 'insufficient staff', the 'ignoring of
agreed minimum safe staffing levels', the 'service to the public being
affected', 'huge resentment why Northern Constabulary has gone down this road'
with 'nurses and fire fighters working longer hours'.
The Secretary stated that
any Impact Statement would readily identify the huge effect this legislation
was having on the Membership, key to which was an insufficiency of uniformed
beat Officers.
After further debate, which
included suggestions that efforts should be made to have the Police Service
removed from the provisions of the legislation and support be sought from
parliamentarians. It was AGREED that the Secretary hand-deliver to the Chief
Constable a letter asking that, with immediate effect, he suspends applying the
most recent advice and seeks further clarification.
(NOTE: Whilst the Chief
Constable declined that request a meeting held on 20th March Agreed
a Workforce Agreement, which applies until 31st May 2003, which
contained the following position statement;
'Any Night Shift commencing
after 23.00 hours will be limited to 8 hours.
Night Workers will be permitted to work up to 12 hours provided their
shift commences no later than 15.00 hours and must conclude by 03.00 hours').
RETAIN
2. Officer
Safety Equipment
The Meeting examined the
latest issue of fluorescent 'cover' for the body armour, commended its
construction and Agreed to encourage its use.
The Secretary has caused
the Force to examine the provision of 'wet weather gear' for plain-clothed
officers and the issue will shortly be considered by the Operational Practioner
Group.
RETAIN
3. Inspections
The Force's response
regarding Inspections was discussed at the December meeting of the JNCC at
which time it was Agreed that 'a copy of the joint inspection reports be sent
to the Head of Operations so that these can be reviewed as part of the
Performance review process'.
RETAIN
4. Risk Assessment
A Generic Risk Assessment
on Prisoner Escorts has been compiled and should shortly be available to
inform the staffing of escorts.
Discussion took place on
the transfer of prisoners at HM Prison Inverness and the requirement to
place CS Spray in a secure locker following which Members expressed
satisfaction with the arrangements, albeit it was felt increased awareness of
this procedure would be beneficial.
5. Infection
Control
The Secretary reported
having requested confirmation from the Force that the existing arrangements
regarding Infection Control contained in the Force Reference Document
are being complied with in full, suggesting an awareness campaign including the
promotion of an extensive inoculation programme.
The matter was discussed at
the recent Human Resources Practitioner Group, however, in light of the tone of
some of that discussion the Meeting AGREED to monitor progress of this issue to
ensure that the negligible costs involved are not misrepresented nor the
Membership's safety compromised
RETAIN
13.4 Uniform Issue
