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Gifts, Hospitality, Gratuities & Donations

Standard Operating Procedure

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Reference Information

Responsibilities
Name of Policy that this SOP is attached to: / Professional Standards Policy
Name of SOP author: / T/Det Supt John Hyams
Unit or Department: / Professional Standards Directorate
Directorate owning this SOP: / Corporate Services
Version control
Date of latest version: / 1 June 2012

Standard Operating Procedure

A.1Aim of the SOP

The aim of this SOP is to provide an ethical framework on the giving and receiving of gifts, gratuities, hospitality, favours, donations, and discounts whilst in employment with the City of London Police. The acceptance of gifts or hospitality can undermine personal and professional integrity. All staff are reminded of the importance of preventing allegations of corrupt practices or improper relationships with any member of the public or corporate body arising from the offer or acceptance of any gift, gratuity or hospitality. This procedure is not intended to be prescriptive but should be used together with common sense and sound professional judgement by the individual and their relevant line managers.

The occasions when the force will accept gifts, gratuities, loans and commercial sponsorship to promote or assist in promoting initiatives and activities relative to operational policing will continue to be determined in accordance with existing policy.

Nothing in this document is intended to affect traditional and customary exchanges and hospitality solely between Police Forces.

This SOP applies to all police officers, special constables, and civilian support staff working for the City of London Police whether permanent, temporary, contracted or volunteer.

A.2GUIDING PRINCIPLES

A.2.1Introduction

The position of the force is that gifts, gratuities and hospitality are generally not acceptable except in limited circumstances outlined in this procedure. This guidance does not provide for every eventuality. In the first instance, where there is doubt, staff should seek advice from the appropriate line manager in order to safeguard against allegations of serious misconduct or unfairness. In certain circumstances advice can be sought from the Directorate Head, the Human Resources Director, the Professional Standards Director, or ACPO.

During the course of their duties in the community, police officers or staff may well occasionally be offered gifts or hospitality that do not in any circumstances amount to any breach of integrity on the part of the either party. Examples of such include the provision of light refreshments as a common courtesy in line with policing duties, inexpensive promotional products from partnerships or conferences, or discounts aimed at all members of the wider police service.

Similarly, bona fide, unsolicited and inexpensive gifts of thanks from members of the ublic or victims of crime may be offered to individual officers or teams in genuine appreciation of outstanding levels of service. Offers of such gifts or hospitality should be courteously refused in a manner that should not cause offence or embarrassment to the organisation or individual making the offer.

Police officers and staff should be aware that at times a refusal to accept such an offer may cause unnecessary offence or might hinder productive working relationships. Equally, to accept such an offer may be mis-interpreted and could lead to inaccurate expectations of favour or service. Where doubt exists, advice from the Professional Standards Director should be sought.

On the occasions it does not prove possible to tactfully refuse or return any offered gratuity or hospitality, the recipient should ensure an entry is made in the force register of gifts and hospitality.

A.2.2Principles

The guiding principles of ethical behaviour, in respect of gifts and hospitality etc., both in general professional conduct and purchasing using police budgets are:

  • Avoidance and polite refusal is required whenever possible;
  • Staff should do nothing to foster suspicion or conflict between themselves and their official duty, and the private interests of themselves or others;
  • That dealings with any person must at all times be honest, fair transparent and even-handed and be seen to be so;
  • Staff should ensure that their actions in an official capacity are beyond reproach. They must not, foster, or give the impression to anyone with whom they deal, including their colleagues that they have been influenced by a gift or consideration to show favour or disfavour to any person or organisation;
  • Staff must ensure that any public funds are used in a responsible and lawful manner and are able to account for them properly;
  • Appropriate records of gifts or hospitality accepted or refused must be maintained in accordance with policy and procedure.
  • Staff should never solicit the offer of any gift, gratuity, favour or hospitality in any way connected to or arising from their role within the police service, whether on or off duty.

A.2.3 Bribery Act 2010

Offers of a gift, gratuity or hospitality vary widely according to the circumstances and will range from readily identifiable examples of criminality (such as a breach of the Bribery Act 2010) through to instances of entirely appropriate and reasonable extension of gratitude and common courtesy which do not amount to any suggestion of any breach of integrity on any party.

The provisions of the Bribery Act 2010 contains two general offences covering the offering, promising or giving of a bribe (active bribery) and the requesting, agreeing to receive or accepting of a bribe (passive bribery) at sections 1 and 2 respectively. The provisions of the Act extend the definition of bribery to include seeking (or agreeing) to bring about improper performance of duties, which includes a public function such as policing. Improper performance amounts to any breach of an expectation that a person will act in good faith, impartially, or in accordance with a position of trust.

A.2.4 Considerations

If there is the slightest doubt about the wisdom or propriety of accepting an offer of a gift or hospitality, it should be refused. With this in mind the following checklist, with the acronym of GIFT, has been prepared.

Genuine:

  • Is this offer made for reasons of genuine appreciation for something I have done?
  • Is it really an integral and logical part of the business relationship or process?
  • Why is the offer being made?
  • What are the circumstances?
  • Have I solicited this offer in any way?
  • Does the donor feel obliged to make this offer?

Independent:

  • Would the offer or acceptance be seen as reasonable in the eyes of the public?
  • How does the intended recipient feel about the propriety of the offer?
  • Would a reasonable bystander be confident I could remain impartial and independent in all of the circumstances?

Free:

  • Could I always feel free of any obligation to do something in return?
  • How do I feel about the propriety of the offer?
  • What are the donor's expectations of me should I accept?
  • What could be the outcome if the offer is accepted or declined?

Transparent:

  • Would I be comfortable if my acceptance of this offer was transparent to my force, colleagues, and to the public or was reported publicly?
  • What could be the outcome for the force if this offer was accepted or declined?

A.3GIFTS

A.3.1A gift may be accepted if it is:

  • of a trivial or inexpensive nature (for example, diaries, calendars, stationary or other small items offered during a courtesy visit or conference) Trivial or inexpensive gifts are those that do not, or appear not to exceed £20 in value.
  • are small commemorative items from visiting overseas law enforcement or governmental agencies or similar organisations
  • bona fide, unsolicited and inexpensive gifts of thanks from members of the public or victims of crime may be offered to individual officers or teams in genuine appreciation of outstanding levels of service

All such gifts should nonetheless be subject of a declaration in the force register

A.3.2A gift should not be accepted if it is:

  • from external contractors or companies tendering for work with the force or wider service
  • cash payments (other than donations to specific police charities or police supported charities)
  • financial rewards resulting from the publication of articles relating to the intended recipient's role or duties as a member of a police force

All such offers should nonetheless be subject of a declaration in the force register.

A.3.1Non Trivial Gifts

A.3.1.1Gifts in excess of £20 but under £50

Where the value of the gift given, offered or received is, or appears to be in excess of £20 but under £50, if possible prior approval should be obtained from the Head of Directorate, Director of Professional Standards or ACPO. Details of the gift and the relating circumstances must be recorded in the Gifts and Hospitality Register.

A.3.1.2Gifts in excess £50

Where the value of the gift given, offered or received is, or appears to be £50 or more or above prior approval and authorisation must be obtained from ACPO. Full detailsof the gift and circumstance of its receipt must be registered.

A.3.1.3Gifts offered without prior notice

Where it has not been possible to obtain approval because the gift was offered without prior notice, approval can be granted retrospectively. This caveat applies only if the gift does not, or does not appear to exceed £50 in value and the gift otherwise complies with the general terms of this policy. In these instances approval should be sought at the earliest opportunity.

Section B - HOSPITALITY

B.4Receiving or Providing Hospitality

B.4.1Hospitality will be acceptable:

B.4.1.1 Non-declarable

When it meets one of the following requirements and need not be subject of a declaration in the force register when:

  • it extends to the impromptu provision of light refreshments (e.g. tea, coffee and biscuits) during the course of policing duties.
  • is a conventional meal provided during the course of a working day by another police force or partner agency in either law enforcement or community safety.

B.4.1.2 Declarable

When it meets one of the following requirements and must be subject of a declaration in the force register when:

  • is a conventional meal and is in accordance with the recipient's duties, for example:
  • attendees at a meeting, seminar or conference organised by an external body.
  • the annual dinner of a representative association or local authority which are limited to isolated or infrequent occasions and are clearly in the interests of the force to attend.
  • in developing professional relationships with private or public organisations to gain support for, or further the development of police related activity.
  • invitations from commercial organisations to attend public, trade, professional or business events including opening ceremonies, trade shows, celebrations etc.
  • accepting recognition of achievement in police related matters.

Staff should be sensitive to the timing of offers of hospitality in relation to commercial or competitive tendering decisions the City of London Police may be taking affecting the provider of the hospitality, i.e. testing products for 'pilots' or IT systems. They should also consider what others would make of this coincident timing. In such circumstances, if known about, a report should be made to the relevant project manager or General Services Director.

Staff should properly consider all the circumstances before accepting any hospitality. This is particularly so in relation to social events. On all occasions, where an offer of hospitality is made, permission must be sought from the Head of Directorate, Professional Standards Director or ACPO prior to the event and the nature of the hospitality registered.

B.4.2Unacceptable Hospitality

Certain obvious categories of particularly generous invitation will rarely be appropriate, for example, high profile corporate hospitality events provided by contractors to the force or major sporting events such as Wimbledon, Test Matches, FA Cup Finals or a mid-week Golf tournament.

Any such high profile or generous invitation should therefore always be declined unless exceptionally authorised, in writing, beforehand by ACPO

Other examples of other unacceptable hospitality would be:

  • amounts to regular free or discounted food or refreshments whether on or off duty.
  • includes a degree of lavishness that is outside of the industry norm or is beyond any sense of common courtesy or reasonableness.
  • offers of accommodation (not related to official functions), holidays, foreign trips.
  • or events of an inappropriate nature such as invitations to cabarets, shows or nightclubs, events where the supply of alcohol is more than merely ancillary.
  • or where the professional relationship between the host and the force maybe brought into question.

All such offers of hospitality must be declared in the force register.

For the avoidance of doubt entertaining personal friends or work-related acquaintances where there is no work related obligation to entertain them or reciprocal entertaining between work-related acquaintances, even though some work related topic happens to be discussed, may in reality be for social and not work related reason are not activities where formal force hospitality may be provided.

Heads of Directorate or Department may authorise reasonable expenditure on providing hospitality providing the expenditure can be met from devolved budgets and complies with the financial framework and policy. In the case of any doubt, advice must be sought from the relevant ACPO Officer.

Section C - GRATUITIES

C.1 INTRODUCTION

Nothing in this document prevents Head of Directorate negotiating meal or refreshment discounts that facilitate the provision of a police presence in public areas and officers will always be required to respond in accordance with their responsibilities. Under no circumstances will meals be received without charge, and the charge agreed must be reasonable and acceptable to the satisfaction of the Head of Directorate. Heads of Directorates should notify the Professional Standards Director and Federation of any discounts and benefits, which they have negotiated.

Police officers or police staff should not negotiate agreements individually. Any such offer to the City of London Police should be made in writing to the Head of Directorate and should clearly state that there are no additional expectations of the force as a consequence.

Staff associations, trade unions and the local Police Federation may negotiate appropriate benefits for members in their own right.

There may be occasions whereby the Federation, a staff association or union might provide or receive hospitality purely in the role as representative of the Federation, staff association or union. A register for this purpose will be maintained by the Federation, staff association or union and be subject to scrutiny by its members.

C1.1A gratuity may be accepted if it is:

  • an offer or discount negotiated through the Corporation of London, Police Federation, The Superintendents' Association, or other staff association or trade union.
  • discounts to public service workers including members of the police service offered on the basis that the organisation in question has a large customer base of a trivial or inexpensive nature (and the Professional Standards Director has given explicit approval for such an offer).
  • free travel arrangements for officers and staff on active duty if approved and formally negotiated through the force

To ensure complete openness, all such discounts and benefits available to staff will be registered by the relevant organisation or unit promoting the scheme.

There is no requirement to declare any such gratuity in the force register.

C1.2Unacceptable gratuities

C.1.2.1Individual Discounts and Benefits

No individual will seek to obtain, negotiate or accept any personal or team discounts or benefits by virtue of their employment (temporary or otherwise) with the City of London Police. If such benefit or discount is offered to an individual or team it should be referred to the Professional Standards Director for further advice.

C.1.2.2 Abuse of position, identification documents or warrant cards

It is a breach of the Codes of Conducts for any individual to improperly use or attempt to use their position within the force for private advantage. Warrant or identity cards must be used for purposes directly related to the discharge of official duties or in circumstances otherwise approved – for example approved travel arrangements. The use of the warrant or identification card, for the purpose of obtaining favourable service, treatment or access to places of entertainment, except on police business, is not permitted.

C.1.2.3 Promotional items, vouchers, points, tokens etc.

Any promotional gifts accompanying services purchased on behalf of the organisation, for example, tokens or points given away 'free' for example, with the purchase of fuel for police cars, must be for the benefit of the force, not the individual. Any such gifts, tokens, points or other benefits will be surrendered to the Management Accountant, Corporate Services.

If the benefit is of such a nature that it cannot be readily surrendered then the facts must be reported to the Professional Standards Director for advice.

Advice or guidance in respect of gratuities should be referred to the

Professional Standards Director, who if necessary will seek advice from the ACPO.

C.2 RETURNING OR REFUSING GIFTS OR HOSPITALITY

Where facts later come to light that would have disqualified staff accepting the gift or

hospitality, had they been known at the time, every effort will be made to return the gift or decline the hospitality. In such cases and even if it is no longer possible to return or refuse the gift or hospitality, the individual concerned should submit a full report of the circumstances to their Directorate Head for the attention of the Professional Standards Director. Following consultation with the Professional Standards Director, ACPO will make a decision as to retention or disposal.

Section D - REGISTERING GIFTS AND HOSPITALITY

The Force has a single electronic Gifts and Hospitality Register. A link to the Force Gifts & Hospitality Register will be maintained on the home page of the Force intranet. All gifts and offers of hospitality accepted or declined will be registered as required within the terms of this SOP.

Once an entry has been made in the register an email will automatically be sent to the originator’s line manager and Directorate Head for authorisation. The originator will be notified by email once their line manager and Directorate Head have considered their transaction. Where a transaction involves the use of a Corporate Credit Card, this must be identified within the entry in the register – see Corporate Credit Card SOP for further details regarding use.

Staff Office will print off a monthly list of all entries in the Gifts & Hospitality Register for oversight by the Assistant Commissioner.

Section E - INCOME TAX LIABILITY ON GIFTS AND HOSPITALITY RECEIVED BY STAFF

There is potential for staff to incur a personal tax liability if they receive excessive gifts and hospitality from the samedonor organisation. To avoid incurring an income tax charge on gifts, the following criteria must be met: