PCC outlines plans for Nick Gargan`s resignation

The police and crime commissioner (PCC) for Avon and Somerset is seeking the resignation of the force’s chief constable.

Speaking after a sanction hearing to decide Nick Gargan’s punishment after he was found guilty of eight charges of misconduct last month, Sue Mountstevens announced that she has used powers under Section 38 of the Police Reform and Social Responsibility Act to progress a procedure calling on him ‘to resign or retire,’ due to a lack of confidence in his positon by local people, police officers and staff.

Mr Gargan was found guilty of misconduct in relation to inappropriate disclosure of information concerning a complainant, inappropriate disclosure of a critical incident report, inappropriate disclosure of an email concerning an internal employment matter, inappropriate disclosure of letters to the Independent Police Complaints Commission (IPCC), inappropriate disclosure of an email chain with a Police Community Support Officer (PCSO), inappropriate disclosure of confidential information, inappropriate disclosure of a confidential police report and inappropriate use of a police-issued iPhone.

In the sanction hearing Ms Mountstevens followed the recommendations of the independent misconduct panel and issued Mr Gargan with eight final written warnings. She then outlined her plans to instigate his resignation in a separate meeting.

Under Section 38 Ms Mountstevens must now write to Her Majesty’s Chief Inspector of Constabulary Sir Tom Winsor. The next step involves a reply from Sir Tom, which will be shared with Mr Gargan and the Avon and Somerset Police and Crime Panel (PCP).

Mr Gargan has been suspended from duty. Acting Chief Constable John Long will continue to lead Avon and Somerset Constabulary. Following Mr Long’s retirement at the end of the month, Deputy Chief Constable Gareth Morgan will take over on a temporary basis.

A spokesman for Chief Police Officers Staff Association (CPOSA) said the announcement of a process to seek his resignation is a huge disappointment for Mr Gargan and that he will wait and see what grounds are given for invoking Section 38.

“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,” they said.

Mr Gargan is deeply sorry for these [the independent misconduct panel’s conclusion that he demonstrated “flawed judgment” and “ill-advised” behaviour] and is committed to learning from them.

Last month Avon and Somerset Police Federation issued a damning open letter stating that it “cannot envisage” how Mr Gargan can expect the public or police officers to have confidence in his leadership.

Three former chief constables of Avon and Somerset constabulary have also written a letter calling for him to step down and 1,200 former and current officers at the force have signed a petition supporting his resignation.

Ian Wylie, chair of the Avon and Somerset Branch of the Police Superintendents` Association of England and Wales (PSAEW), said: “The chief constable holds a unique position in policing and is responsible for leading, setting and upholding the highest possible standards of behaviour, to which we should all aspire. He or she must be a role model and lead by example.

“It was the unequivocal view of the Avon and Somerset Branch of the PSAEW that such extensive breaches of agreed standards created serious concerns over his suitability and credibility to remain in the position.”

A spokesperson for CPOSA said his first priority on returning to the Constabulary would be to rebuild confidence in the force and in him.

“We note and respect the views of certain groups of current and retired staff. We share their regret that the good name of the constabulary has been tarnished. But 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 l