How the OPCC gets things done

The role of Police and Crime Commissioner is governed by national legislation.

To make sure that the Chief Constable and the Commissioner (and their senior teams) are clear on how to do business, a number of agreements have been laid out.

This is called a Scheme of Corporate Governance.

It contains details on the agreements that the Commissioner has made for other senior figures to act on their behalf as well as being clear about the areas where only the PCC can make decisions.

The scheme also contains other things such as financial regulations, material relating to contracts and a description of our operating model.

Please see Annex 2, Section D, Page 112 of the Scheme of Corporate Governance for information on the arrangements the Commissioner has made with the Chief Constable about the sharing of staff resources.

Whilst some decisions are fully delegated, others of significance will require consideration of professional advice, consultation and discussion.

A board and meeting structure has been established to ensure that appropriate engagement supports the decision making processes.

In order to keep Hertfordshire's communities and businesses informed the Commissioner will publish as much information as they are able.

This includes information about key decisions and the minutes of meetings in which they are made.

Delegated Decisions and Authorities

The Commissioner has delegated some decisions and authorities to the Chief Constable and others within his command.

These delegations are set out in the Scheme of Corporate Governance.

The Chief Constable has day to day responsibility for managing budgets and issues delegated to the Constabulary, and whilst the Commissioner has ultimate accountability to the public, the Commissioner and Chief Constable share a responsibility to provide effective management and secure value for money.

Whilst some decisions are fully delegated, others of significance will require consideration of professional advice, consultation and discussion.

A Board and meeting structure has been established to ensure that appropriate engagement supports the decision making processes.

Decision Making Meetings

The Commissioner’s Decision Making Meetings are the primary decision making forum for the Commissioner, particularly where decisions are not required to be taken in consultation with the Chief Constable, or where wider partnership issues or statutory duties are involved.

The subjects of these meetings may include:

• Matters relating solely to the Commissioner’s Office
• Development and implementation of the Police and Crime Plan
• The allocation of assets and funds
• The development of partnership initiatives
• Issues of concern raised by the public and stakeholders
• Governance, policies and procedures
• Other matters relating to the discharge of statutory duties

Attendees: Commissioner, Deputy Commissioner, Chief Executive, Chief Finance Officer, Deputy Chief Executive, Assistant Chief Executive, other officers and partners by invitation

This meeting is minuted.

Decisions and actions are formally recorded, with decisions of significant public interest also published.

Strategic Executive Board

The Strategic Executive Board is the forum for issues related to the effectiveness and efficiency of the policing service delivered in Hertfordshire and where decisions need to be taken in consultation with the Chief Constable.

These may include:

• Monitoring and management of delivery against the policing elements of the Plan
• Monitoring and management of the budget by the Chief Constable
• Risk management
• An overview of the delivery of operational policing through performance information
• The review and identification of community concerns about policing
• Any matters relating to the effectiveness and efficiency of the policing service delivered in Hertfordshire
• Assessment of the viability of, and decisions on entering into collaborative initiatives
• An overview of resource distribution within the Constabulary
• An overview of complaints

Attendees: Commissioner, Chief Constable, Deputy Commissioner, Chief Executive to the Commissioner, Chief Finance Officer and others by invitation.

This meeting is minuted.

Decisions and actions are formally recorded, with decisions of significant public interest also published.

Legislative Framework

The Police Reform and Social Responsibility Act 2011, establishes in law, the Police and Crime Commissioner and the Chief Constable for Hertfordshire as corporations sole.

These are public offices, occupied by a single person, which continue in existence passing duties and responsibilities from one office holder to the next.

Both the Commissioner and the Chief Constable are enabled by law to employ staff and hold funds.

Chief Constables are charged with the impartial direction and control of all constables and staff within the force that they lead and the Commissioner must not fetter the operational independence of the Constabulary or the Chief Constable.

The Commissioner’s staff are accountable to the directly elected holder of that office to enable the Commissioner to exercise their functions.
 
The public accountability for the delivery and performance of the police service in Hertfordshire and the management of the police fund, is placed in the hands of the Commissioner, on behalf of the electorate.

The Commissioner is accountable to the electorate; the Chief Constable is accountable to the Commissioner.

The Hertfordshire Police and Crime Panel has to maintain a regular check and balance on the performance of the Commissioner.
 
The Commissioner is the recipient of all funding, including the government grant and precept and other sources of funding related to policing and crime reduction.

All funding for the Constabulary must go via the Commissioner and how this money is allocated is a matter for the Commissioner, in consultation with the Chief Constable (who provides professional advice and recommendations), or in accordance with any grant terms.
 
Commissioner’s statutory duties
 
1. To hold the police to account on behalf of the public.
2. To set the strategic direction and objectives of the Constabulary through the Police and Crime Plan.
3. Scrutinise, support and challenge the overall performance of the Constabulary.
4. Hold the Chief Constable to account for the performance and exercise of the functions of the Constabulary’s officers and staff.
5. Decide the budget, allocating assets and funds to the Chief Constable and set the precept.
6. Appoint (and if appropriate, remove) the Chief Constable.
7. Maintain an efficient and effective police force for Hertfordshire.
8. Enter into collaborative agreements with other Commissioners, policing bodies and partners that improve efficiency or effectiveness of policing.
9. Provide the local link between the police and communities, working to translate the legitimate desires and aspirations of the public into action.
10. Publish information specified by the Secretary of State and any that the Commissioner considers necessary for the public to assess performance.
11. Prepare and issue an annual report to the Panel on delivery against the Plan and comply with all reasonable requests from the Panel to attend Panel meetings.
12. Monitor all complaints against officers and staff, whilst having responsibility for complaints against the Chief Constable.
 
Wider responsibilities
 
13. For the delivery of community safety and crime reduction.
14. To bring together Community Safety Partnerships at the County level.
15. Make crime and disorder reduction grants within Hertfordshire.
16. A duty to ensure that all collaborative agreements deliver better value for money or enhance the effectiveness of policing capabilities and resilience.
17. The enhancement of the delivery of criminal justice in Hertfordshire.

Assistance to the Elected Local Policing Body

There are no arrangements for use by the elected local policing body of the staff of the chief officer or of a local authority under the provisions of the SIO or the Local Authorities (Goods and Services) Act 1970.  

Scheme of Corporate Governance

This Scheme of Governance aims to give clarity to the way that the Chief Constable and the Police and Crime Commissioner of Hertfordshire will govern, both jointly and separately.

It incorporates a scheme of delegation and other instruments such as financial regulations and standing orders relating to contracts.