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Avon and Somerset Police chief Nick Gargan 'asked to resign' Avon and Somerset Police chief Nick Gargan is asked to resign
(35 minutes later)
A police chief found guilty of eight counts of misconduct has been called upon to resign by the police and crime commissioner, the BBC understands. A police chief guilty of misconduct has been called upon to resign by the police and crime commissioner.
Avon and Somerset chief constable Nick Gargan was suspended in May 2014 amid allegations of inappropriate conduct and, later, data protection breaches.Avon and Somerset chief constable Nick Gargan was suspended in May 2014 amid allegations of inappropriate conduct and, later, data protection breaches.
He was found guilty of misconduct, which is not a sackable offence under police conduct rules. PCC Sue Mountstevens said he had "abused his position" by forwarding emails and "storing intimate images on his police issue phone".
But PCCs have separate powers to "call upon" a chief constable to resign. She is the first PCC to use new powers to call upon a chief constable to quit.
Last month, an independent QC-led panel cleared Mr Gargan of gross misconduct - a sackable offence under police conduct rules - but found him guilty of eight misconduct charges.
The sanction recommended by the panel was the most severe available - eight final written warnings, one for each misconduct finding.
But Ms Mountstevens has been petitioned by retired officers and Mr Gargan's three predecessors as chief constable, who said he should go for the good of the force.
In a statement on Wednesday, 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."
She said he should have "led by example" but had instead "shown flawed judgement" and been found guilty of eight counts of misconduct "including two of discreditable conduct".
"From what I have seen and heard, he has lost the confidence of local people, police officers and staff," she said.
She said she had now "initiated the process to require him to resign".