Gifts and Hospitality policy

Gifts and Hospitality policy 

Introduction

This policy aims to increase public confidence by providing the Police and Crime Commissioner (PCC) and Office of the PCC (OPCC) staff with a framework to determine the boundaries of acceptability regarding the receipt of gifts and hospitality.

At times, to refuse such offers may cause offence or hinder working relationships, however to accept could equally be misinterpreted. It may lead to inaccurate expectations of favour or even constitute a criminal offence in some circumstances.

The PCC and OPCC staff should demonstrate the highest standards of professional behaviour, honesty and integrity, as well as comply with the Nolan Principles at all times. They must not abuse their position for personal advantage and should always carefully consider the motivation of the person offering a gift, gratuity or hospitality and the risk of becoming improperly beholden to them or an organisation.

The principle behind this policy is that the PCC and OPCC staff should not accept gifts and hospitality unless the principles outlined are adhered to. The principles apply to each offer of a gift or hospitality received on a personal basis. If there is any doubt, prior to receipt or where this is not possible, prior to acceptance, an offer should be discussed with the Chief Executive.

It is also a requirement of this policy that all offers of gifts and hospitality are declared and recorded unless subject to an exemption.

OPCC staff are also governed by the Kent Police disciplinary procedure. Any act that goes against the principles set out in this policy and that may discredit the OPCC may amount to gross misconduct.

 

1. Gifts

• If there is any doubt as to whether a gift should be accepted, the matter should be discussed with the Chief Executive who will make the final decision.
• Gifts may be accepted if they are:
• from an individual, community or organisation in recognition of an individual or organisational service (e.g. a box of chocolates, a framed picture). Such gifts will normally be shared or displayed on OPCC premises and not retained by individuals. These items will be recorded;
• of a trivial or inexpensive nature, for example, diaries, calendars, pens, stationery, key rings, or other small gifts offered during a courtesy visit. These items will not be recorded;
• gifts from overseas governments or organisations (e.g. plaques, shields, commemorative items). These items need not be recorded; and/or
• insignificant marketing or refreshment items freely available to all persons attending a conference, exhibition, seminar or other event (e.g. pens, key rings, coasters, etc.). The acceptance of such items will be a matter for the personal discretion of the individual concerned. These items need not be recorded.

 

• The following questions should be considered when deciding whether a gift can be accepted:

• Genuine – Has the offer been made because somebody genuinely appreciated something I have done, without any encouragement from me?
• Independent – If I accept the gift, would a reasonable bystander be confident that I could continue to do my job without undue influence?
• Free – Could I always feel free of any obligation to do something in return for the donor?
• Transparent – Would I be comfortable if the gift was transparent to my organisation, its clients and to the public?

 

• Gifts are unacceptable if they are:

• from outside contractors or companies tendering for work, unless of a trivial or inexpensive nature as described above;
• cash payments other than as a donation to a specific police charity;
• likely to compromise an individual’s impartiality, or may give the impression of doing so;
• likely to damage the image and/or reputation of the OPCC;
• offered frequently from the same source, irrespective of value (unless approved by the Chief Executive); and/or
• financial rewards resulting from the publication of articles related to an individual’s role within the organisation.

 

• Acceptance of frequent, regular gifts, particularly from the same source, will be in breach of this policy unless it is recorded on form G + H Record and prior approval from the Chief Executive is also evidenced.

 

• The inappropriate acceptance of gifts may lead to disciplinary action.

 

2. Hospitality

 

• If there is any doubt as to whether hospitality should be accepted, the matter should be discussed with the Chief Executive who will make the final decision.

 

• Common sense should apply in respect of hospitality of insignificant value and on an occasional basis, such as refreshments provided at community events. They need not be recorded on the Gifts and Hospitality register.

 

• Accepting free or discounted food or services whether on or off duty is unacceptable if the provision is because the donor is aware of the recipient’s role. It is permissible if it is part of any scheme agreed through the Kent Police Recreation Association (KPRA) or Staff Association (this includes Blue Light Card). Temporary schemes approved by Kent Police and linked to specific policing operations are also acceptable.

 

• 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 the OPCC are acceptable. They do not need to be recorded on the Gifts and Hospitality register.

 

• Acceptance of frequent, regular hospitality, particularly from the same source, will be in breach of this policy, unless it is recorded on form G + H Record and prior approval from the Chief Executive is also evidenced.

 

• Any payment received for speaking at a conference in the capacity of PCC or member of OPCC staff must be paid to the OPCC.

 

• 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 recorded on form G + H Record and prior approval from the Chief Executive is also evidenced. 
• The inappropriate acceptance of hospitality may lead to disciplinary action.

 

• There can be no individual gain when purchasing items or fuel for work purposes. Advantages such as point schemes/air miles etc. cannot be collected under these circumstances.

 

• The PCC and OPCC staff must be aware of the possibility of gifts and hospitality being offered as subterfuge for bribery.

 

3. Recording and reporting

 

• Unless subject to an exemption, all offers of gifts and hospitality will be recorded whether they are accepted or not. They will be recorded on form G + H Record (see Appendix A) and submitted for review.

 

• Reviews will be undertaken by the following:

Recipient of gift / hospitality	Reviewer
PCC	Chief Executive
Chief Executive	Chief Finance Officer
Chief Finance Officer	Chief Executive
OPCC staff	Chief Executive

 

• Should the Reviewer determine that the gift or hospitality or its subsequent handling does not comply with the principles outlined in this policy, they will provide a clear rationale on form G + H Record. They will discuss the matter with the Recipient and ensure any action taken is subsequently recorded on the form.

 

• Where it is determined that a gift should not have been accepted the Recipient will be responsible for returning it. Where this is not practical or possible, consideration will be given to charity donation.

 

• At the end of each month, the PCC Office PA will:

• ensure that all G + H Record forms received and reviewed are added to the Gifts and Hospitality register;
• notify the Communications Manager (or representative) so the Gifts and Hospitality register on the website can be updated [where no G + H Record forms are received, the PCC Office PA will also advise accordingly];
• ensure that once a gift or hospitality is added to the register, the relevant form is filed and retained in accordance with the OPCC Retention and Disposal Policy.

 

• The Communications Manager will ensure the Gifts and Hospitality register is published on the OPCC website. They will also ensure it is reviewed/updated monthly and the date this took place is noted on the website.

 

4. The role of the Chief Executive

 

Any case of doubt regarding the offer of gifts and hospitality should be referred to the Chief Executive prior to acceptance. Factors to be taken into account will include the type, value and frequency of what is offered, the relationship involved and the risk to the image and reputation of the OPCC. Each request will be considered on its merits and the decision of the Chief Executive will be final.

 

 

Policy reference: Gifts and Hospitality

Policy owner: Chief Executive

Contact point: Head of Policy Co-ordination & Research

Publication date: June 2022

Review date: June 2024

 

Appendix A

 

 

There are instances when the Chief Finance Officer is the reviewer regarding gifts & Hospitality received by the Chief Executive.