Our Policies
Business Interests
Declaration and Approval of Business Interests Policy - Police Officers
Introduction
Under Police Regulations officers must declare and obtain approval for undertaking business interests. This document sets out the revised policy and procedure, operative from 27 February 2004, for complying with these statutory requirements.
All officers with current business interests at the operative date whether these have been previously agreed or not, must declare and seek approval for them, following the procedure set out below. For officers whose business interests have been previously approved, the approvals will remain in force whilst the re-applications are being processed. It is likely, unless the arrangements have been varied without approval, that the Business Interest will be confirmed.
Officers joining the force, either as recruits or transferees who have business interests will also be required to declare and seek approval for these in accordance this procedure. Application forms will be issued by Employee Resourcing Section (Personnel Department), who will process the application including updating the personnel computer system, personal files and send a copy to the Force Security Manager.
Given the anticipated large number of applications officers have until 1st June 2004 to submit their applications. The timescales for processing applications received up to 1st June will be relaxed to allow the proper consideration of cases submitted. After 1st June 2004 the procedure and timescales set out below will apply.
In accordance with the regulations officers must declare details of business interests undertaken by them and / or family relatives. For the purposes of the Policy the definition of a ‘family relative’ includes spouse, parent, son, daughter, brother, sister, long-term partner and children from such relationships. Within this definition it is accepted in some cases that officers may not be taking any active part in the business.
Officers must declare and seek approval of business interest if:-
- Outside their employment as a police officer they carry on any business and / or hold any office or employment for hire or gain.
- A business is operated by an officer’s spouse (where they are not separated) at premises within the Force area
- A business is operated by a family relative at premises where the officer resides
- The officer, their spouse or any family relative holds, or possesses a pecuniary interest in a liquor licence, public house, off licence or betting / gaming establishment within the Force area.
Policy
The Chief Constable has delegated responsibility for the approval of Business Interests to Operational Command Unit (OCU) Commanders / Heads of Department, who will decide whether a business interest is compatible with an individual’s position as a West Midlands officer, taking into account the requirement for officers to discharge and be seen to discharge their duties impartially.
In making that decision the Chief Constable will consider the details of the application along with the following factors.
- Whether the activity is one regulated by the police, or where police are involved in licensing.
- Whether the business interest has the potential to cause embarrassment or bring disrepute to the Force.
- Whether a conflict of interest could arise where an officer may compromise their impartiality, or where the public may believe that to be the case.
- Whether the business interest is merely an extension of the officer’s function as a constable.
- Any risk to the personal health and well being of the officer. A business interest could involve a risk of injury or increased stress and tiredness that may impact upon the officer’s ability to perform their duties safely and / or to a satisfactory standard. Conversely, it may provide an outlet for stress or an opportunity for exercise.
- Compliance with Working Time Regulations, with specific regard to the total hours worked (in relation to the officer’s employment with the Force and their business interest) and the resultant risks to the health and safety of the officer and others in the workplace.
Note:
Any business interest which may compromise police operations (especially those of a covert nature) or which may cast doubt on the impartiality of the officer or other police officer and staff must be declared, although is most unlikely to be approved.
Principles
Applications must be made on the appropriate authorised form.
Officers must report any variation from previously approved business interests; as soon as these occur.
Special consideration will be given to officers who are within two years of retirement to help them develop the necessary skills and experience to prepare for their future outside of the Force.
Where there is just cause, a business interest may be subject to review by the Force, OCU Commander / Head of Department to ensure continued compatibility. Control measures will be agreed at time of approval and recorded on the application form.
Subject to the above each business interest application will be considered on its merits.
Process
The stages in the process are as follows:-
- The officer may meet with their Personnel Manager and line manager (usually of Inspector rank) to discuss their business interest, prior to making a formal application.
- Following this meeting the officer will submit the application form to their line manager who will progress the application and make recommendations. The Personnel Manager will check, verify and make comment on the information contained on the form before forwarding to the OCU Commander / Head of Department. The application form is designed to provide officers with the opportunity to demonstrate that their business interests are compatible with their role.
- The OCU Commander / Head of Department will consider the application. A final decision will be reached within 28 days from the application being received. Personnel Managers will be responsible for keeping applicants informed of progress.
- If the OCU Commander / Head of Department approves the application in principle this will be endorsed along with details of the control measures required. The application should then be forwarded to the Professional Standards Department (Lloyd House).
- Professional Standards will view the application and return it to the OCU Commander / Head of Department who will decide on whether to grant final approval. Where approval is confirmed the officer will be informed in writing and the personnel computer system updated. The original application form will be placed on personal file with a copy forwarded to the Force Security Manager. Personnel Managers will ensure that any review dates set are actioned at the appropriate time.
- Where approval is not granted, the OCU Commander / Head of Department will forward the reasons in writing. The application will be placed on the officer’s personal file with a copy forwarded to the Force Security Manager.
- Officers are required to declare any changes concerning the nature of the business interest and the OCU Commander / Head of Department will review these in light of the change of circumstances.
A corporate review panel will meet quarterly, or as necessary to monitor application of the policy. This will comprise of the Deputy Chief Constable, Director of Personnel, a member of Superintendents Association, a member of the Police Federation and the Force Security Manager. The panel will not approve or reject individual applications but consider overall operation of the policy and any corporate trends / issues to be addressed.
Withdrawal of Approval Of Business Interests
Where approval for a business interest is withdrawn the circumstances must be recorded in writing by the OCU Commander / Head of Department and the personnel computer system updated. A copy of the report will be forwarded to the Force Security Manager and copied to the officer concerned.
Approval of Business Interests - Conditions
Where Business Interests are approved officers must comply with the following conditions:
- They must not appear at the business premises in police uniform
- They must not advertise their role as a police officer to promote the business or any product of the business, nor should they allow other organisations to do so
- Duties / commitments in connection with the business must be carried out in the officer’s own time and away from police premises
- The officer is responsible for compliance with Working Time Regulations and health and safety requirements. Officers who make themselves unfit for duty may be subject to unsatisfactory performance procedures or discipline
- No special consideration will be given regarding tours of duty and the requirement to perform duty (even at short notice) will take precedence over any prior commitment to the business
- Where approval is given to a spouse or relative business interest, the officer must play no part in the day to day running of the business unless this has also been expressly approved
Appeals
Where approval is not granted the reasons will be recorded and the officer informed of the decision in writing, within 28 days of the application reaching the OCU Commander / Head of Department.
Within 10 days of receiving written notification of the decision the officer may appeal to the Police Authority by sending written notice to the Clerk.
Within a further 10 days the Police Authority will require a report (copied to the Director of Personnel) from the OCU Commander / Head of Department setting out the reasons for the decision not to approve the business interest, together with copies of any relevant documents.
The Police Authority will send copies of the report, any attachments and documents to the officer allowing 14 days for any comments in writing to be made.
The appeal will be considered by a panel of three members of the Police Authority who will be advised by the Clerk and Legal Advisor to the Authority. This will be on the basis of written representations only and neither the officer nor any representative of the Force will be in attendance.
Notification of the result of the appeal will be forwarded in writing to both parties by the Clerk within 28 days of the Authority receiving the written comments of the officer.
Where the Authority has upheld the decision of the OCU Commander / Head of Department the officer may, within 10 days of being notified of the decision, submit a written request to the Clerk to refer the matter to the Secretary of State.