Humberside Police Authority and Humberside Police

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OPCC & Force Staff Devon and Cornwall Police Officers and Staff Copied to: The Police Area Returning Officer (PARO) GUIDANCE TO OPCC AND FORCE STAFF AND POLICE OFFICERS ON THE ELECTION OF THE POLICE AND CRIME COMMISSIONER IN MAY 2016 The Office of the Police and Crime Commissioner (OPCC) is separate to the PCC and is not affiliated to any individual or party. The Office is headed by Andrew White, the Chief Executive and Monitoring Officer. A dedicated section of the OPCC website has been set up for election information http://www.devonandcornwall-pcc.gov.uk/information-hub/police-and-crime-

commissioner-election-2016/ 1.

Scope of the Guidance

Not every circumstance/eventuality that could potentially impact on the election or the reputation of the OPCC, force and staff can be captured in one document. The aim of this document is to provide some overarching guidelines along with sources of advice in order to maintain transparency and equality throughout. 2.

Introduction

The Police and Crime Commissioner (PCC) election will take place on Thursday 5 May 2016. PCC candidates must declare their intent to stand for election by 4.00pm on the nineteenth day before the poll, which is 7th April 2016. This declaration must be registered by the PARO. This guidance sets out our arrangements for ensuring that candidates and prospective candidates are dealt with in a transparent and equal manner. It also provides guidance to all OPCC staff, police staff and police officers in order to avoid allegations of bias. The Police Area Returning Officer (PARO) is Mr John Street (Corporate Manager Democratic and Civic Support at Exeter City Council). The PARO is accountable for the conduct of the election. The Chief Constable and/or Chief Executive of the Office of the Police and Crime Commissioner (OPCC) will seek guidance from the PARO regarding any activity, which they believe may interfere with the election. 3.

PCC Candidates

Prospective candidates may announce their interest to stand well in advance of the election whereas others may keep their intentions to themselves until the period for formal declarations. Media interest is likely to build as will contact between prospective candidates and the Force and E1

OPCC. There is no duty on the OPCC or Force to provide candidates or prospective candidates with information or access that they would provide to any other member of the public.

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General Approach

While this is a particularly sensitive period it should be noted that Government business does not cease and nor should policing. Care will need to be taken – but the functions associated with policing still have to be performed. All staff and police officers should adhere to the guidance set out in section 5 below. Any areas of uncertainty or questions should be directed through line managers to the OPCC CEO Mr Andrew White who will act as the overarching SPOC for both the Force and the OPCC. Agency staff, contractors and volunteers are also expected to adhere to these guidelines. It is essential that we act in a transparent and impartial way with candidates. All information provided to candidates by the force or OPCC will be published on the OPCC website. Transparency Logs will be kept of contacts with candidates or their representatives which will be published. Dedicated SPOCs have been set up to support the arrangements set out this guidance. OPCC SPOC – Lisa Vango - 01392 225538 Force SPOC – T/Supt Brett Mitchell – 01392 452031 OPCC staff, police staff and police officers will need to keep their respective SPOC informed regarding any contact that they have with candidates or their representatives. In general the provision of information to candidates should happen centrally and requests should be passed to the relevant SPOC. Where information has already been provided to a candidate or their representative the SPOC must be notified so that the information can be provided to other candidates and noted in the transparency log. 5. Guidance for OPCC staff, police staff and police officers 5.1

The provision of information to candidates or their representatives 5.1.1

Prospective candidates, candidates and parties must be treated even-handedly and have equal access to information. Support should not be given or undertaken for one candidate that would not/could not be undertaken for all.

5.1.2

Prospective candidates and candidates remain members of the public and are not entitled to confidential information.

5.1.3

The OPCC and Force will maintain details of information provided to prospective candidates1 or candidates and this will be anonymised then published on the OPCC website so that it is available to everyone.

5.1.4

Any request for information that is received (orally or in writing) should be submitted to the relevant SPOC.

5.1.5

If information has already been provided to the candidate or their representative (for example during an event or meeting) then details of the information should be sent to

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The electronic registers will contain all contact, requests for information and other pertinent information along with decisions and risk mitigations as appropriate

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the SPOC so that it can be logged and the same information can be provided to other candidates via the OPCC website. 5.1.6

5.2

Where the request for information is a Freedom of Information Act request, the standard operating practice will apply. Both the OPCC and Force will respond according to their current procedures and the response will be posted on the OPCC website, as well as in the usual way on the force website.

Engagement with candidates (in a work capacity) 5.2.1

All staff must maintain their independence. They must not be seen to be biased and/or supporting one candidate or party. The essential test regarding the appropriateness of any engagement with a candidate is, “does it appear to favour one candidate against another, whether in terms of information or public profile?”.

5.2.2

Requests for visits to OPCC or Force premises for the purpose of fact finding and receiving briefings are to be directed to the CEO OPCC and the Chief Constable via the SPOCs in advance for a decision. The principal method of fact finding will be through the OPCC and Force websites and through formal briefing sessions.

5.2.3

Candidates may seek to be filmed or photographed with police officers or police staff or OPCC staff for newspapers or television news bulletins. This is acceptable up until the official ‘pre election period’ (or ‘purdah’) begins, providing the individual is content to be filmed/photographed. Such activity should not take place once the official pre election period begins – which is expected to be 30th March 2016.

5.2.4

If a member of OPCC staff, police staff or a police officer does meet with a candidate they should notify the relevant OPCC or Force SPOC so that it can be recorded.

5.3 Engagement with candidates or the election (in a personal capacity) 5.3.1 OPCC staff and police officers2 must avoid any action, which is or might reasonably be perceived as being supportive of any party, candidate or opinion. Including encouraging anyone to vote for a certain candidate, treating candidates differently, supporting or criticising the views of candidates. 5.3.2 An essential test regarding the appropriateness of any activity is, “ is it likely to affect or influence the outcome of the election?”. OPCC staff, police officers and police staff should take particular care over any content relating to the election when using social media. 5.3.3 No serving member of OPCC or Force staff or a police officer is permitted in law to stand as a candidate for PCC. Anyone wishing to stand as a candidate must resign from their post a minimum of 19 days prior to their declaration of candidacy 5.3.4 Should any member of police staff wish to actively support a candidate in the election or be considering standing as a candidate, the OPCC SPOC or the Force SPOC (respectively) will provide suitable work related advice and guidance. They will assess each case individually to decide whether continuing in their role is conflicted by the activity. If such activities are allowed the individual must be clear when they are undertaking activities or making information requests as a prospective candidate

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Police Regulations 2003 set out the conditions of service of officers including the need to abstain from any activity likely to interfere with the impartial discharge of duties or give rise to impressions of taking part in politics. Furthermore the Police Conduct Regulations 2004 and the Code of Ethics also highlight standards of behaviour such as honesty and integrity; fairness and impartiality; and politeness and tolerance.

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or supporter. OPCC staff3 and police officers are politically restricted and cannot actively support any PCC candidate. 5.3.5 The Chief Constable will not allow any member of Devon and Cornwall Police to support the management of or running of a polling station or the election count. OPCC staff are also not allowed to take on such roles. 5.3.6 Officers or PCSOs who have taken an active part in campaigning in the run up to the election should not be directed to patrol a polling station, certainly not in that area. 5.4

Marketing and media activity by the OPCC or the Force Publications and marketing 5.4.1 The OPCC or the Force must not publish material that refers to a party or a candidate or that could be construed as being designed to affect support for a party or a candidate. 5.4.2 Particular care should be taken over the use staff and resources (including publicity) for official announcements during the official pre-election period, which is considered likely to have a bearing on matters relevant to the elections. 5.4.3 Where publicity and awareness campaigns are running during the pre-election period care must be taken to ensure that the OPCC or the Force are not open to criticism that they have been undertaken for party political purpose or in support of a particular candidate. 5.4.4 Any media queries or requests about the election should be directed to the force press office or OPCC communications team who will liaise with the SPOCs. Social media 5.4.5 OPCC staff, police officers and police staff that have personal websites, blogs or use social networking sites should not post any comments that could be seen to be made in their professional capacity. 5.4.6 They should also be aware that the higher their public profile is, the more likely it is they will be perceived as acting in their official capacity and be particularly careful if making political points or making specific or personal comments about an individual. Use of OPCC or Force images or livery 5.4.7 The OPCC and Force will seek to ensure their imagery and livery is not used in any campaigning or publicity material and this restriction will be included in the candidate briefing material on the OPCC website. 5.4.8 Where it is so used, the Chief Constable and the OPCC CEO will consider the need to request the candidate to remove or withdraw the material. Each case will be considered on an individual basis and include consideration of the profile of the image, the message given, the degree of publication already achieved and the likely reputational damage and confidence in policing. 5.4.9 If a member of OPCC staff, police staff or a police officer become aware of such usage they should contact their relevant SPOC.

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The Police Reform and Social Responsibility Act 2011 place certain political restrictions on members of OPCC staff.

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6. Additional Guidance covering the Official Pre Election Period (Purdah) The formal ‘pre election period’ is expected to commence on 30 March 2016. Guidance is issued to civil servants on the principles that they should observe in relation to the conduct of Government business in any ‘pre election’ period. The most recent update of this guidance (from 2015) is available at www.parliament.uk/briefing-papers/SN05262.pdf While this is a particularly sensitive period it should be noted that Government business does not cease and nor should policing. Care will need to be taken – but the functions associated with policing still have to be performed. The OPCC and PCC face additional restrictions during this ‘pre election period’ on issuing publicity under the Local Government Act 1986 and the Code of Recommended Practice on Local Authority Publicity. During this ‘pre-election’ period the following additional restrictions apply: 6.1

Where practicable the OPCC and Force should avoid making and publicising major policy decisions that may deemed to be politically sensitive.

6.2

Documents which are soley or mainly intended to promote the OPCC should not be published.

6.3

Corporate OPCC and Force media and communications is likely to reduce during the pre election period. Where media activity is taking place during the period care will need to be taken to ensure that communications could not be construed as being designed to affect support for a party or candidate. New information posted on the OPCC and Force websites will normally be limited to factual information.

6.4

Where factually incorrect information has been released by a candidate a response by the OPCC CEO may be appropriate if that information could impact on confidence in the PCC and Force. The factually correct information should be shared by the OPCC CEO publically and in a neutral manner. Where the incorrect information or claim is based on that individual’s interpretation of information then it may not be appropriate for the OPCC CEO to make such a correction.

Further amendments may be issued to this guidance to reflect any further national guidance or information that may be provided by the Cabinet Office, the Home Office or any other national group, such as NPCC or the Association of PCC CEOs.

Andrew White Chief Executive Office of the Police and Crime Commissioner

Shaun Sawyer Chief Constable Devon and Cornwall Police

OPCC Contact Lisa Vango x 302538

Force Contact T/Supt Brett Mitchell x 22031

5th February 2016 updated 13 April 2016

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