Pick of the crop?

On Monday 21st November, 2016 an item was posted on the website of the Police and Crime Commissioner for North Yorkshire (NYPCC) [1]. It was unheralded elesewhere. No local press coverage. No announcement on the busy NYPCC Twitter feed. No mention on the ‘News’ section of the PCC’s website. Nothing.

The announcement concerned the beginning of a new era for the public of the county as Will Naylor was confirmed in his new role as Deputy to the Commissioner, Julia Mulligan.

will-naylor
William Naylor: Deputy Police and Crime Commissioner for North Yorkshire. This is the first picture of Will published on the internet after spending the entirety of his past career in virtual obscurity.                                Picture credit: NYPCC

An article published on this website in October, 2016 ‘Where there’s a Will there’s a way‘ has already covered some of the controversy surrounding the selection process. Since that exposé first appeared it now has the makings of a full-blown scandal – that may well bring about the downfall of some of those involved in this increasingly convoluted tale.

What has emerged is that the PCC’s chief of staff was, seemingly, the ‘chosen one’ some months ago, and a process subsequently devised with no other apparent purpose than to hoodwink both the public and the Police and Crime Scrutiny Panel for North Yorkshire (PCP).

The investigation that has followed the ‘Where there’s a Will there’s a way‘ article has pieced this picture together:

– The job of Deputy PCC was advertised by NYPCC externally just the ONCE: On the Guardian newspaper’s website [2], at a cost of just £900. Which buys very little, as can be seen from the publisher’s rate card [3].

– The job was promoted just ONCE by the PCC’s Twitter account (on 16th August, 2016). Compared, say, to activity connected with a recent ‘Tell Julia’ survey which was promoted regularly TEN times per DAY.

– The job was NOT advertised in the two conventional recruitment outlets in the area – The York Evening Press or the Yorkshire Post. Despite the fact that Mrs Mulligan was, apparently, insisting that the successful candidate would be required to live in North Yorkshire.

– The job was NOT advertised with either Police Oracle or Police Professional (PP) which, as their names imply, carry the overwhelming bulk of jobs connected to policing bodies. A fact not lost on NYPCC Interim Chief Executive, Fraser Sampson, as he and PP’s editor, Paul Lander, are former West Yorkshire Police contemporaries.

–  The recruitment advertising, minimal as it was, took place in the middle of the Summer school holiday period.

– Julia Mulligan arranged for what she describes as an INDEPENDENT recruitment process to take place. Except that there was nothing ‘independent’ about it at all. It was, to all intents and purposes, a sham managed by her former Acting Chief Executive, Simon Dennis.

– The composition of the selection panel is still unknown, even after a another freedom of information request made by York governance campaigner, Matthew Laverack. Despite the usual positing of Mrs Mulligan that the process was ‘open and transparent‘ [3A].

– The Naylor application was, taken at it’s face, unlawful. Section 18(6)(h) of the Police Reform and Social Responsibility Act 2011 sets out that a PCC cannot appoint a member of her own staff to the role of the Deputy PCC.

– There were sixteen ‘expressions of interest’ for the job. All ‘met the minimum standards’ according to Julia Mulligan in her report to the PCP.

– Only four of the sixteen applicants were selected for interview. Two dropped out prior to interview, leaving Will Naylor, complete with the doubts about the legitimacy of his application, to bid with just one other shortlisted candidate for the £45,000 – £50,000 role.

– No explanation has been provided as to why a further two candidates were not selected for interview from the remaining pool of twelve candidates.

– The interviewing panel comprised four people. Three of whom were either working with Will, or had been very recently: Julia Mulligan, Fraser Sampson and Simon Dennis. The fourth was York city councillor and former schoolteacher, Keith Aspden.

– None of the interviewing panel recused themselves, despite the glaring conflict of interest.

– Neither of the two solicitors on the interviewing panel, Messrs Dennis and Sampson, gave due consideration to the point that Will Naylor should not have even been there. No external opinion was sought according to disclosure via a freedom of information request.

– Will has falsely claimed in his biography on the NYPCC website that, before joining NYPCC in January, 2013, he was ‘Chief of Staff’ to Helen Grant MP. It is not known whether that falsehood was repeated in his job application.

– The false claim has now been removed. An updated bio says he was a SENIOR parliamentary assistant for Mrs Grant. Or, in other words, a Conservative party political researcher. A press enquiry has been sent to Mrs Grant; it seeks clarification on Will’s role in her office, the duration of his employment and whether she was asked to provide a reference to the selection panel.

– He has also claimed that he ‘worked in Parliament for two other MP’s‘ prior to working for Mrs Grant. There is no trace of this employment on the Independent Parliamentary Standards Authority (IPSA) website. Clarification has been sought from IPSA, .

– On social media, NYPCC has steadfastly refused to answer the question as to whom these mystery MP’s are. The reason for not doing so, given via a direct message on Twitter is ‘because the answer could be perceived as political and the OPCC is politically independent, we feel that Twitter is not the place to respond‘. The provisional assumption is, therefore, that if Will has worked for MP’s other than Helen Grant, they were Conservatives and he doesn’t want the wider world to know that.

– There has been a protest from NYPCC’s Digital Engagement Officer, Simon Jones, that he has been misrepresented by the above (verbatim) quote. He claims that details that would support claims made by Will Naylor over his past employment history is a personal matter – and for Will to respond privately rather than in an open space such as Twitter. That use not a view that is widely shared by those paying both Simon and Will’s wages. Particularly, as the new Deputy PCC has been caught out in a lie once already.

– Will has also claimed that he has worked for ‘Her Majesty’s Inspectorate of Constabulary (HMIC) based at the Home Office’. HMIC have ducked a press enquiry on the topic, after having been pressured to respond at all. It has now been necessary to submit a freedom of information request in an attempt to elicit the information [4].

Some other pieces of the jigsaw were fitted together following the response to a freedom of information request was submitted to the Office of the Police and Crime Commissioner for Cleveland (COPCC) on 2nd November, 2016 [5].

– The preamble to the response contained a palpable falsehood. It claimed that ‘the majority’ of the information sought had already been published by the PCP. A claim as ludicrous as it is untrue.

– It is now revealed that not a single piece of paper exists to formalise this ‘independent’ recruitment process – and it was organised on the back of what appears to be an off-the-cuff discussion between Simon Dennis and Mrs Mulligan in the period during which they were working together (April to mid-July 2016) as chief executive and commissioner, respectively.

– No invoice has been raised from COPCC to NYPCC in connection with that provision of services. Not even for the cost of the Guardian advertisement.

– The following information concerning the shortlisted candidates has now been revealed:
The four shortlisted candidates were all male.  Two held a Masters degree, one a BA (Hons), the fourth was not a graduate. Two were resident in North Yorkshire, one in Nottinghamshire and one in Sussex.

– Incredibly, it is claimed that COPCC who conducted the recruitment and selection process do NOT know the ages of the four shortlisted candidates. A decision that has already been appealed. Whilst there are guidelines that preclude employers discriminating on grounds of age it would be remarkable, indeed, if no date of birth was given on ANY of the CV’s of those men who made the ‘final four’.

– Similarly, they say that revealing the job titles (not their names, or the names of their employer) of the three unsuccessful candidates would constitute PERSONAL information and, as such, exempt from disclosure. Again, a decision that has already been appealed.

– As revealed above, four shortlisted candidates became two. No reason for withdrawal was given by one, the other backed out over the residency issue.

–  COPCC make the incredible claim that, as recruitment facilitors, they do NOT know if the three other candidates shortlisted were made aware of Will Naylor’s extant close working relationship with most of the other members of the interviewing panel: Julia Mulligan, Simon Dennis and Fraser Sampson? Even though Dennis is Chief Executive of COPCC.

– What steps were taken by COPCC to establish that the application of Will Naylor was lawful, given that he was already an employee of NYPCC and, as such, ineligible by way of Section 18 (6)(h) of the Police Reform and Social Responsibility Act 2011.
b. If external advice/opinion was sought please provide name of solicitor/counsel.

The information request would, doubtless, have been finalised under the supervision of the aforementioned Simon Dennis, and in consultation with NYPCC as to what might give the game away, or otherwise.

As Simon, and doubtless, the others involved in it, now realise that the full nature and extent of this ‘sham’ recruitment process is on the cusp of being exposed, it is expected that issues over the remaining disclosure will end up before the Information Comissioner for determination.

Draft minutes have also been sought from the Police and Crime Scrutiny Panel, which are expected to shed further light on this increasingly troubled matter [6]. Their statutory report, and conditional confirmation of the appointment of the PCC’s ‘preferred candidate’, is now in the public domain and provides some interesting insight [7].

From the report it can be gleaned that at least some of the Panel member’s had reservations about the successful candidate’s relevant experience and ability. Or, rather, lack of it. His independence was also questioned, having been an employee of the Commissioner for almost four years.

In personal submissions made to the Panel, Will asserted his honesty and said that he was committed fully to the policing code of ethics, and to upholding the highest professional standards. Which present a condundrum in the face of the deceit and obfuscation over his own career history – and that fact that the office he has run for the past three years has little recognisable regard for either ethics, or professionalism. The most glaring, and public, examples are the perpetual non-compliance over information requests or data access – and routine chicanery over published Decision Notices. Compounded by the seeming inability of anyone at PCC HQ, including the Commissioner herself, to give a straight answer to a straight question.

But the question that needs answering most of all is: Was Will Naylor truly the pick of the crop of sixteen candidates, in a honestly held process, for the role of Deputy Police and Crime Commissioner? It is one that should be put to Mrs Mulligan, in public, at the next PCP meeting in January, 2017.

The new Deputy Commissioner, who cited a commitment to better public public engagement as part of his job pitch, has declined to respond to an invitation to comment on the article.

[1] North Yorkshire PCC: 21st November, 2016. ‘Deputy PCC – Will Naylor’

[2] The Guardian: 18th August, 2016. Situations vacant advertisement Deputy PCC for North Yorkshire

[3] The Guardian: Situations vacant rate card

[4] WhatDoTheyKnow: 23rd November, 2016. Deputy PCC for North Yorkshire’s previous employment with HMIC

[5] WhatDoTheyKnow: 2nd November, 2016. Appointment of Deputy PCC for North Yorkshire

[6] WhatDoTheyKnow: 26th November, 2016. Draft Minutes of Panel Meeting

[7] North Yorkshire Police & Crime Scrutiny Panel: 19th October, 2016. Report of Confirmation Hearing

Page last updated Thursday 1st December, 2016 at 1820hrs

Corrections: Please let us know if there is a mistake in this article — I will endeavour to correct it as soon as possible.

Right of reply: If you are mentioned in this article and disagree with it, please let me have your comments. Provided your response is not defamatory it will be added to the article.

Copyright: Neil Wilby 2015-2016. Unauthorised use or reproduction of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from and links to the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

Author: Neil Wilby

Former Johnston Press area managing director. Justice campaigner. Freelance investigative journalist.

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