PSD 2_pages 17.docx

**BUSINESS INTEREST AND SECONDARY EMPLOYMENT** **TABLE OF DOCUMENT DETAILS** +-----------------------------------+-----------------------------------+ | Title | Business Interest and Secondary | | | Employment |...

**BUSINESS INTEREST AND SECONDARY EMPLOYMENT** **TABLE OF DOCUMENT DETAILS** +-----------------------------------+-----------------------------------+ | Title | Business Interest and Secondary | | | Employment | +===================================+===================================+ | Reference No | | +-----------------------------------+-----------------------------------+ | Relevant Department or Group | Human Resources Steering Group | +-----------------------------------+-----------------------------------+ | Ownership | Deputy Chief Constable | +-----------------------------------+-----------------------------------+ | Document Author | Inspector Lakis | | | Hadjichristodoulou | +-----------------------------------+-----------------------------------+ | Approved by | Executive Board | +-----------------------------------+-----------------------------------+ | Approval Date | December 2019 | +-----------------------------------+-----------------------------------+ | Implementation Date | December 2019 | +-----------------------------------+-----------------------------------+ | To be Reviewed Date | December 2026 | +-----------------------------------+-----------------------------------+ | Last Revised Date by | December 2023 Supt M. Kemal | +-----------------------------------+-----------------------------------+ | Quality Assured by | Professional Standards Department | +-----------------------------------+-----------------------------------+ | Protective Marking | Not Protectively marked | +-----------------------------------+-----------------------------------+ | Linked to other | [Code of | | | Ethics](https://modgovuk.sharepoi | | standing orders | nt.com/:w:/r/teams/25468/STANDING | | | %20ORDERS%202023/Standing%20Order | | | s%202023%20onward/PROFESSIONAL%20 | | | STANDARDS%20DEPARTMENT/PSD%205.do | | | cx?d=w518b40b60a8340198aa944f1751 | | | 0ac89&csf=1&web=1&e=Xg2vjg) | +-----------------------------------+-----------------------------------+ | Relevant Legislation | [Police Ordinance | | | 2007](https://www.sbaadministrati | | | on.org/home/legislation/01_02_09_ | | | 04_INCON/P/20200630_AGLA_PoliceOr | | | dinance-2007_CONSOL.pdf) | | | | | | [Police and Prison Officers | | | (General) Regulations | | | 2007](https://www.sbaadministrati | | | on.org/home/legislation/01_02_09_ | | | 04_INCON/P/20221114_AGLA_Policean | | | dPrisonOfficers_General_Regulatio | | | ns-2007_CONSOL.pdf) | +-----------------------------------+-----------------------------------+ | Pages | | | | | | (including this page) | | +-----------------------------------+-----------------------------------+ **TABLE OF CONTENTS** [Introduction](#Section1) [Pages 3](#Section1) [Section 1](#Section1) ----------------------------------------------------------------------------------------------------- --------------------------- -------------------------- [Definitions of Business Interest and Secondary Employment](#Section2) [ ] [Pages 3](#Section2) [Section 2](#Section2) [Requirement to declare Business Interests](#Section3) [ ] [Pages 3](#Section3) [Section 3](#Section3) [Guidance of Incompatible Business Interests and additional Occupations](#Section4) [ ] [Pages 3-7](#Section4) [Section 4](#Section4) [Application](#Section5) [ ] [Pages 7](#Section5) [Section 5](#Section5) [Line Managers Responsibility](#Section6) [ ] [Pages 7-8](#Section6) [Section 6](#Section6) [Application process with Professional standards Department](#Section7) [ ] [Pages 8-9](#Section7) [Section 7](#Section7) [Application Conditions](#Section8) [ ] [Pages 9-10](#Section8) [Section 8](#Section8) [Review](#Section9) [ ] [Pages 10-12](#Section9) [Section 9](#Section9) [Unpaid Leave](#Section10) [ ] [Pages 12](#Section10) [Section 10](#Section10) [Revocation](#Section11) [ ] [Pages 12](#Section11) [Section 11] [Appeals Procedure](#Section12) [ ] [Pages 12-13](#Section12) [Section 12](#Section12) [Lodging an Appeal](#Section13) [ ] [Pages 13](#Section13) [Section 13](#Section13) [Consideration of Appeal](#Section14) [ ] [Pages 13](#Section14) [Section 14](#Section14) [Notification of Appeal Outcome](#Section15) [ ] [Pages 13](#Section15) [Section 15](#Section15) [Representation](#Section16) [ ] [Pages 14](#Section16) [Section 16](#Section16) [Requirement to Inform Government Agencies](#Section17) [ ] [Pages 14](#Section17) [Section 17](#Section17) [Conduct Issues](#Section18) [ ] [Pages 14-15](#Section18) [Section 18](#Section18) **INDEX OF APPENDICES** -------------------------- --------------------------- -------------------------- [Appendix A](#AppendixA) [Application](#AppendixA) [Page 16-17](#AppendixA) -------------------------- --------------------------- -------------------------- **1.** []{#Section1.anchor}**Introduction** 1.1 Regulation 3 of the Police General Regulations 2007 and section 17 of the Police Ordinance 2007, make references to the aspect of 'secondary employment' and 'business interest', which provide that a police officer will not, without the consent of the Chief Constable / Administrator, engage in any employment or office / business interest, other than in accordance with his / her duties under the Police Ordinance. **It is essential that the public have confidence in the integrity and impartiality of the police service. This guidance does not prevent police officers, from holding a business interest or an additional occupation. It is designed to promote consistent decision-making when authorising business interests and additional employment which do not conflict with the role of a Police Officer, undermine public confidence or adversely affect the reputation of an individual, or the Police service.** **2.** []{#Section2.anchor}**Definitions of a Business Interest and Secondary Employment** 2.1 A police officer is deemed to have a **business interest** if: - Being a Police Officer, holds any office or employment for hire or gain (otherwise than as a member of a police force) or carries on any business. A police officer is deemed to have **secondary employment** if: - He or she holds any other employment or carries on any business for gain, for which payment of money and / or money's worth is received. **3.** []{#Section3.anchor}**Requirement to declare Business Interests** 3.1 **For all business interests or intentions of pursuing a business interest, or secondary employment, a business interest/secondary employment application (Annex A) must be completed and submitted to the Professional Standards Department (PSD) to be considered to ensure that the nature of the role is compatible with the position of the applicant within the Force. Final decisions will be made by the Deputy Chief Constable who will have considered all applications. A Filing System and a Register will be kept by the PSD.** **It is important that individuals also avoid [voluntary work] that may be deemed incompatible with the work of the Police Service. Any intention of an officer wanting to carry out voluntary work should seek advice from the PSD before committing themselves to such work.** **All individuals are required to notify the Service of additional employment details and hours of work and comply with the relevant provisions of these Laws accordingly. (Income Tax, Customs and Social Insurance Law Provisions).** **4.** []{#Section4.anchor}**Guidance on Incompatible Business Interests and Additional Occupations** **4.1 Applications for the granting of a business interest or additional occupation are decided on the merits of each case, involving careful consideration of several factors including the nature of the business interest or additional occupation and the current role and responsibilities of the individual.** **The Head of PSD will start from the principle that only those business interests or additional occupations that are compatible with legislative provisions, the ethos and values of the police service will be permitted and will give careful consideration to the potential for adverse reputational damage to the service arising from any perception of any shortfall in the integrity of an individual being associated with the prospective interest or additional occupation.** **Once satisfied there are no adverse reputational matters or conflicts of compatibility with the law, values and ethos of the police service, the decision maker will start from the presumption that an application for a business interest or additional occupation will be granted unless there is sufficient justification for it to be rejected and will determine whether conditional approval may be warranted. The reasoning behind any obligation of conditions or any outright rejection will be fully recorded.** **It is not possible to provide a definitive list of specific occupations, interests or activities that are likely to lead to an application being rejected because of the need to consider each case on its merits and to assess the risks involved. The following framework is intended to provide consistency of approach to the type of activities which are likely to lead to the rejection of an application. The list of activities and examples of specific jobs provided is not exhaustive. Equally it should not be assumed that an activity will automatically be rejected because it appears in the list below:** - **Holding a licence or permit granted in pursuance of the law relating to liquor licensing, places of public entertainment, refreshment houses or betting and gaming or regulating places of entertainment.** - **Working in licensed premises where there would be a conflict of interest with policing duties or with the specific work carried out by the individual.** - **An activity that would present a conflict of interest in the administration of justice (e.g., practising solicitor, barrister, fine enforcement officer).** - **An activity that would create a conflict of interest with policing duties, which involves investigation for other than police purposes (e.g., loss assessor, private detective).** - **An activity that mirrors police responsibilities or is an extension of police functions (e.g., close protection, private security or surveillance, crime prevention or personal safety).** - **An activity that relates to the lending of money or recovery of debts for others or an activity that involves 'hard selling' to colleagues or members of the public by placing undue pressure upon them to buy or rent, including recruiting others to sell on his or her behalf.** - **Appearing in any commercial filming production in which they portray either a police officer, police community support officer or other uniformed role, whether on or off duty, or undertake any role where it could be construed that they are representing the police service.** - **An activity which may adversely influence the individual's judgment on police matters.** - **An activity that would adversely influence the reputation or profile of the individual member as a police officer and/or the Organization in general.** - **Activity relating to association with people or groups of people, the background or profile of whom, would adversely impact the reputation and profile of the individual member as a police officer and/or the Organization in general.** - **An activity which evidently affects the performance of the individual adversely or renders the individual incapable of work and creates sickness absence.** **The individual's attendance, sickness record, PDR and the capability to be fully operational will be taken into consideration when determining whether a business interest or employment application will be considered compatible.** **[Approval should also be sought for any voluntary work] which includes roles which would create a conflict of interest with policing duties and /or may undermine public confidence or adversely affect the reputation of an individual, or the Police service.** **5.** []{#Section5.anchor}**Application** **5.1 Applications should be made using the Business Interest / Secondary Employment Form (Annex A). This should be completed and sent to their Divisional Commander through their line management, giving full details of the request. The form should contain as much information as possible, as, any information not supplied could lead to the application being returned or refused. The Divisional Senior Command will relay the application to the PSD HQ with relevant remarks and recommendations.** **6.** []{#Section6.anchor}**Line Managers Responsibility** **6.1** Line managers must be aware of any business interests carried out by their staff. Line managers are required to endorse both the initial and review applications with relevant remarks and recommendations. They should also ensure that staff comply with any conditions imposed and the timeframes for review. Other than for cases requiring specific review timetable, all applications will be formally reviewed annually. (Calendar Year). It is important that line managers consider the suitability of the business interest at both the initial application stage, any review stage, and at individual performance reviews. The line manager will need to be satisfied that there will be no impact on the individual's ability to perform their role or deliver an effective service and that there will be no impact on the rest of the team or the Organisation. Consideration must be given to the individual's performance and attendance. Furthermore, if the individual is absent from duty due to sickness for a period exceeding 4 weeks, (in a 12-month rolling period), then the business interest will be subject to formal review by PSD. Line managers need to notify PSD where this is the case. **7.** []{#Section7.anchor}**Application process with Professional Standards Department** **7.1** Once an application has been received which contains sufficient detail of an existing or a proposed business interest the Head of Professional Standards Department (PSD) will consider the application for a business interest or additional occupation in relation to compatibility and the current performance and attendance of the individual will be taken into consideration. After the PSD review the application it will be submitted to the Deputy Chief Constable with recommendations, who will decide whether the application will be approved, rejected or requires further clarifications. The decision will be made within 28 days of receipt of the application. The individual will be notified of the decision in writing. Copy to Human Recourses Department for personal file records. The written decision will indicate whether the interest in question is compatible or incompatible with the individual's position in the Service or may impose any such conditions or restrictions to make it compatible. Response notices will contain a reminder that business interest applications will be reviewed by the 31^st\ of^ December every year and that individuals should be re-applying to confirm if their interest continues for the next year or not. It should also advise that any changes in the circumstances surrounding their application should also be stated. Where notification is given of a change to a previously reported interest, the matter will be handled as a new application. If the business interest is deemed to be incompatible and thereby, rejected, then the individual may appeal against that decision. The appeal should be received not more than 10 days after the individual was notified of the refusal. The appeal will be reviewed by the Chief Constable, whose decision will be final. (See 'Appeals', section below). In either case, the notice of termination is copied and emailed to the Human Resources department for inclusion in the individual's personnel file. The PSD may from time to time, carry out enquiries / inspections in the remit of examination of applications. **8.** []{#Section8.anchor}**Application Conditions** **8.1** - Individuals must not appear at the business premises in police uniform. - Individuals must not use their role within the Police to promote the business or any product of the business nor should they allow other Organisations to do so. The business must not be advertised at police premises, in Force publications, or through social media. - Duties / commitments in connection with the business interests / additional employment will be carried out in the individuals own time and away from police premises. - Individuals pursuing outside business interest / additional employment, will not use Police resources including information systems, telephones, and stationery. - It is the individual's responsibility for any obligations to declare earnings to the Income Tax Department. - The individual is responsible for compliance with the Police Ordinance and Regulations and individual health and safety aspects. - No special consideration will be given regarding tours of duty and the requirement to perform duty (even at short notice) will take precedent over any prior commitment to the business / additional occupation. - If at any time following approval of the business interest, concerns are raised in respect of the individual's ability to discharge their duties and responsibilities, the line manager in liaison with their Senior Management Team (SMT) & PSD will review the situation and make a recommendation to the Deputy Chief Constable, as to whether authority for the business interests will be reviewed. - If an individual does not disclose a business interest or additional occupation or continues to be involved in a business interest / additional occupation when an application has been declined, disciplinary action will be taken. **9.** []{#Section9.anchor}**Review** **9.1** All business interest and secondary employment information and documents will be recorded/filed on the PSD system. Information will be marked as 'official' and will be processed in accordance with the principles of the Data Protection Law and disclosed accordingly. All cases will be formally reviewed by the 31^st\ of^ December every year. Extra Ordinary or random reviews will also be conducted subject to changes or relevant information affecting the application. Individuals and their supervisors will be informed accordingly. Cases involving temporary interests will be \'kept in view\' until the date in which the interest is expected to end and for all others a review email will be sent out at the review date to remind officers concerned that they should re-apply if interest continues and or provide information about any changing circumstances. In the cases where the interest application has a date of expiry, and where the date by which the interest was expected to finish has arrived without any further update being received, the PSD will terminate the effect of the authorisation. Individuals will be informed accordingly, and should they wish, submit a new application. On occasions of a certified absence from work and normal duties exceeding 4 weeks, (in a 12-month rolling period) PSD will review a business interest. There will be a presumption that, unless the individual can justify the continuance of a business interest whilst certified sick, that the business interest will be suspended, pending a return to work. In the event of a return to work on restricted or recuperative duties, consideration should be given to requiring the individual to resubmit an application form for continuity of the business interest / additional occupation. A full review of the business interest / additional occupation may be undertaken where it is evidenced that the individual's sickness has impacted on their performance in the role within the Service. The Head of PSD should be informed of such concerns by the line manager, so that consideration can be given to the suspension of the business interest / additional occupation. On occasion, depending on the individual circumstances of the business interest, the Head of PSD may ask for it to be subjected to a formal review (see also Revocation). All business interests will be reviewed by line managers during the course of all return-to-work interviews and Restoring Efficiency processes. Where the line manager is concerned that the business interest is impacting on the individual's attendance or the time of their return to full duty then they should report this to the Head of PSD who will consider suspension of the business interest. It is the responsibility of the individual to report any changes in circumstances between reviews of an approved business interest or additional occupation. Consideration will be given to rescinding approval if the individual fails to respond accordingly. **10.** []{#Section10.anchor}**Unpaid Leave** **10.1** If you commence or are on 'Unpaid Leave' and wish to undertake employment during the break, you should submit a Business Interest application. **11.** []{#Section11.anchor}**Revocation** **11.1** Upon receipt of reliable information, indicating that the business interest is no longer compatible with the individual's duties, or has an adverse impact on the image of the SBA Police, or the individual is abusing the working system or any conditions which may have been violated, any authority previously granted may be revoked or suspended. The individual will be informed that the authority is being revoked or suspended pending a review. PSD will consult with the individual inviting them to make a submission on the circumstances. Approvals will be withdrawn, if the individual fails to inform of any change of circumstances or supply any additional information required. **12.** []{#Section12.anchor}**Appeals Procedure** **12.1** All appeals against the non-authorisation of an application for a business interest or additional occupation will be heard by the Chief Constable. An appeal may be made on the grounds of process and/or be a substantive appeal against the decision. In either case the Chief Constable must consider all the information made available. **13.** []{#Section13.anchor}**Lodging an Appeal** **13.1** An individual may send a written notice of an appeal to the Chief Constable within 10 days of being notified of the decision not to authorise an application or to impose conditions. Appeals received outside of this period will be accepted only at the discretion of the Chief Constable. A notice of appeal should briefly state the reasons for the appeal. **14.** []{#Section14.anchor}**Consideration of Appeal** **14.1** The individual has a right to make written and/or oral representations to the Chief Constable in support of an appeal. Where the appeal is a substantive appeal against the decision made by the decision maker, the Chief Constable will consider the full case on its merits and reach a decision in the light of all the evidence available. Where it appears to the Chief Constable that the individual has adduced substantive reasons as to why they should be permitted to have the business interest or additional occupation, or why conditions should not be imposed, which were not considered by the decision maker, or where the Chief Constable considers the decision maker failed to apply fair procedures, the Chief Constable may remit the matter back to the decision maker for reconsideration. **15.** []{#Section15.anchor}**Notification of Appeal Outcome** **15.1** The Chief Constables decision will be given in writing to both parties to the appeal within 28 days of receipt of the notice of appeal (unless the Chief Constable decides to extend this period in which case the individual must be given written notice of the reasons for the extension). **16.** []{#Section16.anchor}**Representation** 16.1 At all stages of this procedure the individual may be represented by a police friend or representative of the Police Association. **17.** []{#Section17.anchor}**Requirement to inform Government Agencies** 17.1 **Individuals with authorised business interests/secondary employments, are required to comply with all Legislative provisions relating to their obligations in conjunction with the Income Tax, or other relevant Government Agencies.equirement toinform 18. Requirement to inform.** **18.** []{#Section18.anchor}**Conduct Issues** 1. - Failure to comply with the provisions of this policy such as carrying on a business interest without prior approval, failing to adhere to authorised restrictions, or continuing with a business interest that has been suspended or revoked, failing to inform changes relating to the business interest or employment, will lead to disciplinary action. - Where intelligence or information is received that an individual is undertaking a business interest that is not registered, they will be directed to submit a business interest application within which they will need to provide details of when the business interest started and the reasons for not seeking necessary approval. - Where an application for a business interest is submitted and it is considered that the business interest had already commenced prior to authorisation, the application will be returned to the individual for the reasons of the delay in seeking authorisation to be accounted for if not already done so in the application. - The reasons provided for the lack of, or delayed authorisation application, will be considered as part of the authorisation process and disciplinary proceedings may be instigated accordingly. **Abbreviations and Glossary** ***PSD : Professional Standards Department*** ***PDR : Professional Development Record*** APPENDIX A []{#AppendixA.anchor}**Business Interest / Secondary Employment Application Form** Application Serial Number: (official use):................................................. **Applicant**:................................................................................. **Division/HQ/Department**:...................................................................................................................................................................................... [**Business Interest/Secondary Employment:** (Company Name, Address, Contact Tel' Number)] [...............................................................................................................] [...............................................................................................................] [**Details/Description/Reasoning** (Business/Employment, what will the officer be dealing with & reasoning as to why the officer is seeking such employment/business interest):] [...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................] **[Declaration]:** I (...officer's name and rank...) confirm that the information I submit in this application is current and true to the best of my knowledge and I acknowledge that any intentional misleading information or conduct may render me liable to disciplinary proceedings. SGD**:** (Officer Concerned).....................\...\..... Date/Time..................................... **First Line Manager:** (name and rank)................................................................ **Comments/Remarks/Recommendations:**............................................................................................................................................................................................................................................................................................................................................................................................................................................................ SGD:................................. Date/Time.................................................. **Second Line Manager** (Name and rank) **Comments/Remarks/Recommendations:**............................................................................................................................................................................................................................................................................................................................................................................................................................................................ SGD:....................................... Date/Time............................................... **Divisional Commander**:............................................................................................................................................................................................................................................................................................................................................................................................................................................................ SGD............................................. Date/Time........................................... **Professional Standards Department recommendations: -** -- -- Approved -- -- Rejected **Reasoning:**........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Conditional Approval (Conditions):........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ SGD:.............................................. Date/Time........................................... **Deputy Chief Constable: (Decision)** **.............................................................................................................................................................................................................................................................................................................................................**