This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.theguardian.com/uk-news/2015/aug/19/avon-and-somerset-police-chief-to-discover-his-fate-amid-calls-to-quit

The article has changed 7 times. There is an RSS feed of changes available.

Version 5 Version 6
Police chief asked to resign despite being cleared of gross misconduct Police chief ordered to resign despite being cleared of gross misconduct
(35 minutes later)
A police chief has been ordered to quit after his boss decided that pictures of a sexual nature found on his police phone and other misconduct was so serious it amounted to an abuse of authority and he had lost the confidence of the public. A police chief has been ordered to quit after his boss decided pictures of a sexual nature found on his work phone and other misconduct amounted to an abuse of authority and that he had lost the confidence of the public.
An extraordinary showdown has pitted Nick Gargan, chief constable of Avon and Somerset police, against the force’s police and crime commissioner, Sue Mountstevens, who began the legal process on Wednesday to demand his resignation or retirement. An extraordinary showdown has pitted Nick Gargan, the chief constable of Avon and Somerset police, against the force’s police and crime commissioner, Sue Mountstevens, who began the legal process on Wednesday to demand his resignation or retirement.
Gargan was suspended in May 2014 over allegations of gross misconduct of inappropriate advances to women, of which he was cleared in July. But a panel found him guilty of eight misconduct counts, including sharing information that he should not have. This included sending, receiving and storing four intimate images of a sexual nature on his police phone, of a woman the inquiry panel accepted he was in a consensual relationship with. Gargan was suspended in May 2014 over allegations of gross misconduct involving inappropriate advances to women, which he was cleared of in July. The inquiry panel, however, found him guilty of eight misconduct counts, including sharing information that he should not have. This included sending, receiving and storing four intimate images of a sexual nature on his police phone of a woman the panel accepted he was in a consensual relationship with.
Gargan had intended to return to work after being suspended for 15 months, but Mountstevens invoked the 2011 Police Act introduced by the last coalition government to demand he leave his £175,000-a-year job. But the law is untested about when is can be used to oust a police chief. Gargan had intended to return to work after being suspended for 15 months, but Mountstevens invoked the Police Reform and Social Responsibility Act 2011 to demand he leave his £175,000-a-year job. The law is as yet untested in terms of whether it can be used to force a police chief to step down.
Related: Suspended chief constable found guilty of eight misconduct chargesRelated: Suspended chief constable found guilty of eight misconduct charges
Three former chief constables of Avon and Somerset have said Gargan should go, more than 1,200 people have signed an online petition calling for his resignation, and the local police federation and the superintendents’ association had also lost confidence in him. Three former chief constables of Avon and Somerset have said Gargan should go, more than 1,200 people have signed an online petition calling for his resignation and the local police federation and the superintendents’ association have also lost confidence in him.
Gargan is the second chief constable Mountstevens has clashed with. Colin Port quit after she said he would have to reapply for his job. She then handpicked Gargan in 2013 to be chief. Gargan is the second chief constable Mountstevens has clashed with. Colin Port quit after she said he would have to reapply for his job. She then handpicked Gargan as his successor in 2013.
The chaos now surrounding one of Britain’s biggest police forces calls into question Mountstevens’s judgment. Gargan’s is already widely under scrutiny from others in policing and has been found to be wanting. The chaos now surrounding one of Britain’s biggest police forces calls into question Mountstevens’s judgment. Gargan is already under broad scrutiny from others in policing and has been found to be wanting.
An inquiry panel report said Gargan had “flawed judgment” in telling a junior colleague she “looked beautiful” and said Mountsevens had warned him not to pursue officers and staff romantically of whom he was in command of, in his role as chief constable. An inquiry panel report said Gargan had flawed judgment in telling a junior colleague she looked beautiful and said Mountsevens had warned him not to pursue officers and staff under his command romantically.
A report from the Independent Police Complaints Commission said it was inappropriate for the chief constable to “tell a junior member of staff ... that she was ‘rocking a bit of a Daisy Duke’ look”, a reference to a character from a 1970s Tv series. A report from the Independent Police Complaints Commission said it was inappropriate for the chief constable to “tell a junior member of staff ... that she was ‘rocking a bit of a Daisy Duke’ look”, a reference to a character from the 1970s TV series The Dukes of Hazzard.
In her statement, Mountstevens said Gargan was being required to resign or retire “due to a lack of confidence by local people, police officers and staff in his position as leader of Avon and Somerset constabulary”.In her statement, Mountstevens said Gargan was being required to resign or retire “due to a lack of confidence by local people, police officers and staff in his position as leader of Avon and Somerset constabulary”.
Mountstevens said: “Chief Constable Nick Gargan has let down the colleagues he led and the communities he was there to protect. He abused his position by forwarding confidential emails, interfering with a proper recruitment process and sending, receiving and storing intimate images on his police-issue phone. She said: “Chief Constable Nick Gargan has let down the colleagues he led and the communities he was there to protect. He abused his position by forwarding confidential emails, interfering with a proper recruitment process and sending, receiving and storing intimate images on his police-issue phone.
“He has shown flawed judgment and been found guilty of eight counts of misconduct, including two of discreditable conduct.“He has shown flawed judgment and been found guilty of eight counts of misconduct, including two of discreditable conduct.
“ I believe that there is now a detrimental impact on the efficiency and effectiveness of him leading Avon and Somerset constabulary, which is why I have today initiated the process to require him to resign. “I believe that there is now a detrimental impact on the efficiency and effectiveness of him leading Avon and Somerset constabulary, which is why I have today initiated the process to require him to resign.
Related: Police chief quits after commissioner asked him to apply for his jobRelated: Police chief quits after commissioner asked him to apply for his job
“This is a separate process from the misconduct procedure and I will be writing to Her Majesty’s chief inspector of constabulary, Sir Thomas Winsor, to seek his views.”“This is a separate process from the misconduct procedure and I will be writing to Her Majesty’s chief inspector of constabulary, Sir Thomas Winsor, to seek his views.”
The law Mountstevens will rely on, section 38 of a policing act passed in 2011, has not been used before and the force may be heading for a legal battle. The law Mountstevens will rely on, section 38 of the 2011 act, has not been used before and the force may be heading for a legal battle.
In a 2013 lecture, Winsor said parliament meant for a chief constable to be removed under section 38 for reasons “which affect the achievement of local policing needs and related priorities, and not misconduct.” In a 2013 lecture, Winsor said parliament intended to legislate for a chief constable’s removal under section 38 for reasons “which affect the achievement of local policing needs and related priorities, and not misconduct”.
Mountstevens invoked section 38 of the 2011 Police Reform and Social Responsibility Act, which says: “The police and crime commissioner for a police area may call upon the chief constable of the police force for that area to resign or retire.” Section 38 reads: “The police and crime commissioner for a police area may call upon the chief constable of the police force for that area to resign or retire. The chief constable must retire or resign if called upon to do so by the relevant police and crime commissioner in accordance with subsection (3).”
It adds: “The chief constable must retire or resign if called upon to do so by the relevant police and crime commissioner in accordance with subsection (3).” That subsection lays out a series of procedural steps that must be followed. Mountstevens will have to provide reasons in writing for wanting Gargan to step down and he said he would wait to see them.
That subsection lays out a series of procedural steps that must be followed. Mountstevens will have to provide reasons in writing for wanting Gargan gone, and he said he would wait to see them. Gargan’s fate was thrown into doubt when three former chief constables of Avon and Somerset said in their public intervention that leaders should be “inspiring, not an embarrassment”.
Gargan’s fate was plunged into doubt when three former chief constables of Avon and Somerset in their public intervention said leaders should be “inspiring, not an embarrassment”. Gargan, 48, is seen as one of the more able chief constables. He took over the Avon and Somerset force in March 2013 but was suspended in May 2014 over serious allegations from two whistleblowers. The IPCC investigated, and cleared Gargan of the most serious claims of “inappropriate advances towards female colleagues”.
Gargan, 48, is seen as one of the more able chief constables and A statement on Gargan’s behalf, issued by the Chief Police Officers Staff Association, said the news was a “a huge disappointment” for him.
took over the Avon and Somerset force in March 2013 from Port, who left after Mountstevens, then newly elected as the as crime commissioner, told him that he would have to reapply for his job.The system of PCC’s introduced by the last government. It said: “He has complied with every requirement of the protracted misconduct investigation and subsequent hearing. He placed his fate in the hands of an expert professional panel, which made a clear recommendation that he should go back to work.
Gargan was suspended in May 2014 over serious allegations emanating from two whistleblowers. The IPCC investigated, with Gargan cleared of the most serious claims of “inappropriate advances towards female colleagues” and no woman complained about his behaviour towards them. “The overwhelming majority of the rumours surrounding the chief constable have turned out not to be true; indeed none of the initial allegations that prompted his suspension led to a misconduct finding, let alone a finding of gross misconduct or criminal behaviour.”
A statement on Gargan’s behalf, issued by the Chief Police Officers Staff Association, said the news was a “a huge disappointment” for the chief constable. If he were to resign, Gargan may face a significant financial penalty because, after 27 years as an officer, he is three years short of the 30 needed to receive his full pension.
It said: “He has complied with every requirement of the protracted misconduct investigation and subsequent hearing. He placed his fate in the hands of an expert professional panel, which made a clear recommendation that he should go back to work.”
The statement added: “The overwhelming majority of the rumours surrounding the chief constable have turned out not to be true; indeed none of the initial allegations that prompted his suspension led to a misconduct finding, let alone a finding of gross misconduct or criminal behaviour.”
If he resigned, Gargan may face a significant financial penalty because after 27 years as a police officer he is three years short of the 30 needed to receive his full pension.
On the day he was suspended, Gargan was tweeting jokes, saying he was not as busy as usual. He wrote: “Stand by for a Tommy Cooper classic to celebrate a day with a rare few gaps on the diary …”On the day he was suspended, Gargan was tweeting jokes, saying he was not as busy as usual. He wrote: “Stand by for a Tommy Cooper classic to celebrate a day with a rare few gaps on the diary …”
Two minutes later he tweeted: “Police arrested 2 kids yesterday: one was drinking battery acid, the other was eating fireworks. They charged one & let the other off.”Two minutes later he tweeted: “Police arrested 2 kids yesterday: one was drinking battery acid, the other was eating fireworks. They charged one & let the other off.”
Following the decision to force him out, Gargan has been suspended. Acting chief constable John Long will continue but will retire at the end of August. Mountstevens then said the deputy chief constable Gareth Morgan would take over on a temporary basis. Acting chief constable John Long has been in charge since Gargan’s suspension, but will retire at the end of August. Mountstevens has said the deputy chief constable Gareth Morgan would take over on a temporary basis.