PROCEDURE Hospitality, Gifts and Gratuities. Number: C 3008 Date Published: 30 June 2016

Transcription

1 1.0 Summary of Changes This procedure has been updated within section 3.6 making a slight change to authorisation level at LPAs and within section 3.7 adding that PSD, prior to publication of the quarterly gift registers the document will be circulated to each LPA command. This procedure should be read by all officers and staff within the organisation. 2.0 What this Procedure is about 2.1 Legal Context Offers of a gift, gratuity or hospitality can vary widely according to the circumstances. This can range from a genuine offer of a small gift in appreciation of good work to an individual staff member/officer or team of staff/officers through to criminal offences of bribery or Misconduct in Public Office. The Bribery Act does not prohibit reasonable and proportionate hospitality and promotional or other similar business expenditure, intended to improve the image of a commercial organisation, to better/present products or services, or to establish cordial relations. It is, however, clear that hospitality and promotional or other similar business expenditure can be employed as bribes. Considerations in this regard will include the degree of lavishness of a gratuity or hospitality, its relative value, the industry norm, and the extent to which the gratuity or hospitality is connected to the business in question. The existence or otherwise of previously offered or accepted gratuities or hospitality may also be relevant. 2.2 Professional Context The principle behind this procedure is that members of Essex Police should not accept gifts, gratuities and hospitality, unless as outlined and explained within this procedure. The Guidance on Standards of Professional Behaviour states that police officers should never accept any gift or gratuity or hospitality that could compromise their impartiality. During the course of their duties, police officers may be offered hospitality (e.g., refreshments) and this may be acceptable as part of their role. Police officers must always consider carefully the motivation of the person offering a gift, gratuity or hospitality of any type and the risk of becoming improperly beholden to a person or organisation, which could undermine their professional Integrity. Page 1 of 9

2 Police staff are subject to a contractual clause which states, in accordance with the Bribery Act 2011, an employee is not permitted to receive any legacy, bequest or other gift from or on behalf of any person with whom they come into contact in the course of their employment with Essex Police. Any member of Essex police who needs to report suspected bribery should follow the procedure specified within C 3015 Procedure Reporting Wrongdoing, or report the issue to the Head of HR, depending on the nature of the circumstances. However, it is accepted that there will be some occasions where the acceptance of a gift, gratuity or hospitality will be appropriate. In these particular circumstances such acceptance must ensure that the dignity and integrity of the Police Service and its entire staff must not be compromised in any way or give rise to the perception that any such compromise has taken place. The acceptance of any such gift, gratuity or hospitality must be in line with this procedure. This must be balanced against the occasions where an individual wishes to express their gratitude by the provision of a gift or gratuity or by extending some form of hospitality where refusal is likely to cause offence or hinder an existing working relationship. This procedure will give guidance on the occasions where the procedure will not be invoked; for example in the attendance of training events/conferences. This procedure explains how police officers and members of police staff should deal with the receipt of gifts, gratuities or hospitality whilst discharging their duty as a member of Essex Police. 2.3 Definitions GIFT: is defined, for the purposes of this procedure, as any item, cash, goods or services which is offered for personal benefit at no cost, or at a cost that is less than its commercial value. HOSPITALITY: is defined, for the purposes of this procedure, as any generous or material welcome or reception that is more than an incidental kind i.e. more than a beverage or light refreshment, and includes the offer of any free meals, excursions, flights and accommodation. GRATUITY: is defined, for the purposes of this procedure, as a gift of money of any denomination and currency. Compliance with this procedure and any governing policy is mandatory. Page 2 of 9

3 3.0 Detail the Procedure Officers and members of staff should act with honesty and integrity and should never, under any circumstances, compromise or abuse their position in obtaining or soliciting the offer of a gift, gratuity or hospitality. It is important that officers and members of police staff do not find themselves beholden to any individual or organisation to such an extent that they are unable to impartially undertake their role within the Police Service. There are a number of ways in which this could occur and all officers and staff should consider carefully the circumstances leading to any offer of a gift, gratuity or hospitality. In deciding whether to accept or decline any such offer, individuals are advised to use the following guidance and appropriate boundaries of acceptability in making their decisions: Genuine: Has the offer been made for genuine reasons, why has the offer been made, what were the circumstances? Have I solicited this offer in any way or does the donor feel obliged to make this offer? Independent: Would the offer or acceptance be seen as reasonable in the eyes of the public or could this be seen to affect your professional judgement or impartiality? Would a reasonable bystander be confident I could remain impartial and independent in all of the circumstances? Free: Are you and the organisation free from obligation to do something in return? How do I feel about the propriety of the offer? What are the donor s expectations of me should I accept? Transparent: Would you be comfortable if your acceptance of this gift gratuity or hospitality was made known to your colleagues, Essex Police or members of the public? What could be the outcome for the Force if this offer was accepted or declined? The inappropriate acceptance of gifts, gratuities and or hospitality may lead to disciplinary action. 3.1 Provision and Acceptance of Gifts Bona fide, unsolicited and inexpensive gifts of thanks from members of the public or victims of crime may be offered to individual staff, officers or teams in genuine appreciation of outstanding levels of service. Offers of such gifts should be courteously refused in a manner that should not cause offence or embarrassment to the organisation or individual making the offer. A record of the offer shall be made. See section 3.6, Authorisation, Admin and Publication. Page 3 of 9

4 Should staff or officers believe that such a refusal would cause unnecessary offence or might hinder productive working relationships; the acceptance may be possible, subject to this procedure. If any doubts exist about the appropriateness of any gift or the motive of the person offering such then it should be refused and the offer recorded. Gifts MAY BE accepted if they are: From an individual, community or organisation in recognition of a particular service that has been provided, for example, a box of chocolates or a framed picture. Such gifts will normally be shared or displayed on police premises and not retained by individuals - RECORD on form GIFT1); Trivial (low value) or complementary items provided during a courtesy visit, conference or seminar; or as a gift from another partner agency or organisation, or an overseas government or agency, e.g. plaques, shields, commemorative items, diaries, calendars, pens, stationery, key rings, or other small gifts DO NOT RECORD. Gifts are UNACCEPTABLE if they are: From outside contractors or companies tendering for work (unless subject to exemption trivial nature); Cash payments other than as a donation to a specific police charity; Alcohol (i.e. spirits, wine, beer etc.) will generally not be accepted as a gift; and that all opportunities to decline the offer and or the giving of the item(s) will be considered beforehand. A charitable donation will be considered before having to accept alcohol as a gift for an individual/team; Likely to compromise an individual s impartiality, or damage the reputation of Essex Police; Any financial reward resulting from a publication i.e. where a journalist or member of the media publishes any article related to an individual s role within the Police Service. All offers (accepted or otherwise (subject to exemption)) must be recorded using form GIFT1 as explained above. 3.2 Provision and Acceptance of Gratuities Cash should NOT be accepted. Page 4 of 9

5 Should the contributor wish to donate to charity then they should be directed to attend a local police station or ask them to send in a donation by post. If a donor has expressed a wish that their donation should be given to a specific police charity, his/her wishes should be complied with. Where donors indicate that they wish their donations to be sent to a police charity without further definition, such donations should be forwarded to the Essex Police Benevolent Fund. Any deposits of cash should be treated as valuable and the donator should sign to confirm the amount donated in a pocket book or similar. Such donation will be recorded in the GIFT1 form and the appropriate authority (authorising person) will determine how it is dealt with (see below). Cash/money will not be distributed to staff in any circumstances. Any offer of money should be fully recorded, if appropriate in a PNB or similar. Full details of the person, circumstances and amounts will be recorded. 3.3 Provision and Acceptance of Hospitality Hospitality may be accepted if it is considered to be: Of insignificant value and provided on an occasional basis, such as refreshment provided by the public at the scene of an accident or in the course of neighbourhood policing; Provided as part of a recognised scheme agreed with the Essex Police Staff Association to provide officers and staff with reduced or free goods and services; Offers of conventional hospitality (e.g. working breakfast, lunch or dinner, refreshments provided during the course of attending meetings, seminars or conferences organised by other statutory bodies), which are limited to isolated occasions and can be shown to be in the interests of Essex Police are acceptable. There is no requirement to record in the register such occasions (as above). A conventional meal/lunch provided in accordance with the recipients duties, e.g. at a meeting or conference, annual dinner, which are in the interests of the Force to attend, can be accepted and will be declared in the Force Register. The fullest of appropriate information will be recorded on the GIFT1 and the nature of the commercial relationship or potential commercial relationship as a corporate hospitality issue will be recorded. Page 5 of 9

6 Generally hospitality would be considered UNACCEPTABLE where it relates to: The provision of free or discounted goods and services made to an individual and the provision is because the donor is aware of the individual s role within the organisation; Invitations to sporting or social events (other than on official duties), offers of free travel and or accommodation, invitations to conferences or other events in foreign locations will generally be unacceptable unless there is a prior approval by a chief officer. The rationale will be recorded on form GIFT1; Outside contractors or companies tendering for work; Hospitality with a degree of lavishness outside of the industry norm will not be acceptable. 3.4 Reward Point Schemes Reward point schemes are offered by commercial companies as a means of encouraging loyalty to a particular brand. Police officers or members of staff will not be entitled to use any personal loyalty card(s) where payment for the goods or services purchased is made using a payment method supplied by Essex Police. 3.5 Exceptions This procedure does NOT APPLY to individuals acting in their capacity as part of any approved secondary employment or declared business when NOT ON DUTY. DO NOT RECORD. 3.6 Authorisation, Admin and Publication Any gift or gratuity should be taken to the police station/premises as soon as practicable and in any event before the staff member/officer goes off duty and an appropriate record made. Gifts and gratuities should be stored in an appropriate and secure place, until a decision has been made by the individual s appropriate authority as to how the property will be dealt with. Any items of value should be booked into the station safe or other secure location. It should not be automatically assumed that the recipient will be able to retain unless authorised by the appropriate authority. Staff/officers must be able to account for why the acceptance of the gift, gratuity or hospitality was necessary. Page 6 of 9

7 The appropriate authority (authorising person) for accepting gifts, gratuity and hospitality is as follows: LPA and Departmental Staff Line Manager (i.e. Inspector, PSE or above); LPA or Departmental Commander The relevant Chief Officer (ACPO); Chief Officer (ACPO) The Chief Constable. All officers and staff in receipt of an offer or in receipt of any gift, gratuity or hospitality must complete form GIFT1 irrespective of any authorisation decision (i.e. to allow to retain, return or instruction to donation to charity) in accordance with this procedure. The full circumstances of the offer/receipt must be detailed within form GIFT1 and submitted to their own appropriate authority for consideration and approval as outlined above. Any action determined by the appropriate authority (authorising person) will be undertaken locally, i.e. to cause the return of the gift/gratuity to the donor; or the forwarding or causing the item to be donated to a charity etc. Rationale will be recorded. Where any gift, gratuity or hospitality is found on examination (i.e. after acceptance) to have been provided by any supplier or contractor (including potential), then this should be clearly shown on the GIFT1 form and the matter should be brought to the attention of the Head of Professional Standards by the appropriate authority. Once the GIFT1 form has been endorsed by the appropriate authority it will be sent by them, via to the Professional Standards Department (PSD) Administration Department address, using the generic address together with the audit, where it will be considered. The audit log provides reassurance that the appropriate authority has seen and considered the record GIFT1. Declaring all such issues to the organisation greatly reduces any attempt by the donor to exercise influence over the recipient(s) and organisation. 3.7 Publication and Register Once considered by PSD the information will be caused to be recorded on the PSD Centurion database. Data from this database will be published as the force gifts, gratuity and hospitality register under the Essex Police Publication Scheme managed by Corporate Services FOI. Page 7 of 9

8 Prior to the publication of each of the quarterly force gift registers the Professional Standards Department (PSD SPOC) will circulate the document to each of the LPA commands for their awareness, consideration and or scrutiny. The Force Register will be published quarterly (April June, July Sept etc.). PSD will examine records and consider force trends, concerns and ensure compliance with policy/procedures. Any omissions or errors when identified will be addressed. The Register will include the following information: HG PSD Centurion Reference number; Rank of recipient unless a Chief Officer, where names will be shown; Area responsible i.e. Directorate; Date of notification to PSD; Gift, Gratuity or Hospitality type (i.e. Food, Services, money etc.); Accepted or Not; Estimated value; Brief Details. 4.0 Equality Impact Assessment The proposals in this procedure would have no potential or actual differential impact on grounds of race, ethnicity, nationality, gender, transgender, disability, age, religion or belief or sexual orientation. 5.0 Risk Assessment There are no Health and Safety risks associated with this procedure. Organisational risks concerning a failure to observe the provisions contained within this document must be considered in relation to the individual circumstances of each case. Any assessment of risk would be considered as high risk where there was serious doubt about the impartiality of an individual brought about by the acceptance of any gift, gratuity or hospitability in contravention of this procedure. Decision making will follow guidance as provided by the National Decision Making Model (NDM) and due regard will be given to the principles and standards contained in the Policing - Code of Ethics. Page 8 of 9

9 6.0 Consultation The following were invited to provide feedback in the consultation phase during the formulation of this document: Unison / Federation H&S / Diversity Head of Customer Services / Head of Media NHP Command / LPA Commands 7.0 Monitoring and Review This procedure will be reviewed by or on behalf of the Head of Professional Standards every three years to ensure that it remains accurate and fit for purpose. 8.0 Governing Force policy. Related Force policies or related procedures C 3000 Policy Professional Standards W 1012 Procedure/SOP Records Review, Retention and Disposal) L 1200 Protocol Police Staff Discipline C 3015 Procedure Reporting Wrongdoing 9.0 Other source documents, e.g. legislation, Authorised Professional Practice (APP), Force forms, partnership agreements (if applicable) Bribery Act 2010 Misconduct in Public Office Common Law Freedom of Information Act 2000 Data Protection Act 1998 ACPO Guidance on gifts, gratuities and hospitality HMIC Without fear or favour 2011 Form GIFT1 Page 9 of 9