A FORMER assistant chief constable of Thames Valley Police found guilty of eight counts of misconduct has been asked to resign by his new force's police and crime commissioner.

Nick Gargan was appointed as Avon and Somerset Police chief constable in January 2013. He served with TVP between 2006 and 2010 as Assistant Chief Constable for Crime and Criminal Justice.

He was suspended from his role at Avon and Somerset on full pay in May last year, pending the outcome of a misconduct hearing over allegations of inappropriate advances to female colleagues and leaked internal emails.

Mr Gargan faced 10 charges of gross misconduct and three charges of misconduct. He was found guilty of eight charges at a level of misconduct.

Chairman of the misconduct hearing Dorian Lovell-Pank QC wrote a report of the panel's findings and recommended a sanction of eight final written warnings to Mr Gargan.

Following the misconduct hearing, which was held in private at an undisclosed location, last month, Mr Gargan's suspension was lifted but instead of returning to the force he has been working with the National Police Chiefs Council.

PCC Sue Mountstevens said Mr Gargan had "let down" colleagues and communities as she called for him to resign or retire due to "lack of confidence".

Ms Mountstevens said she was using powers under the Police Reform and Social Responsibility Act (section 38) to invoke a procedure calling upon Mr Gargan to quit.

"Chief Constable Nick Gargan has let down the colleagues he led and the communities he was there to protect," she said.

"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.

"As the chief constable, Nick Gargan should have led by example and demonstrated the highest levels of integrity, values and professional behaviour. Instead he has shown flawed judgment 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.

"Over the last six weeks since the panel's findings concerns have been raised to me by the Chief Officer Group, Superintendents Association, Police Federation and Unison about Nick Gargan continuing to lead Avon and Somerset Constabulary.

"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.

"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."

In recent weeks pressure has been building on Mr Gargan to resign with three former chief constables of the force saying he should quit.

An online petition has also been launched with hundreds of people signing it calling on him to go.
The local Police Federation branch also expressed a "lack of confidence" in his leadership.

Ms Mountstevens said that the independent misconduct panel had raised concerns about the Independent Police Complaints Commission's (IPCC) handling of the investigation into Mr Gargan.

"The main issue was the disclosure of relevant materials and statements from IPCC investigators including unused material, to the defence," she said.

"The legal advice was unequivocal that the defence are entitled in law to unredacted copies of relevant material. I fully understood the IPCC's reluctance to disclose identities and some of the associated information. I was equally concerned with the welfare of witnesses throughout this process.

"I believe the IPCC acted with good intentions to protect and support witnesses and not betray the confidence of those that did come forward, but clearly the way they managed the process in this case has caused concern, as any failure to follow the disclosure process could have led to the proceedings being compromised or worse still collapsing.

"The disclosure process needs to be reviewed by the IPCC so it is clearer for all concerned in future investigations and I will be writing to the IPCC chairman Dame Anne Owers to request this."

Ms Mountstevens said that Mr Gargan had been suspended and acting chief constable John Long will continue to lead the force. When he retires at the end of the month, deputy chief constable

Gareth Morgan will take over on a temporary basis.
The Chief Police Officers Staff Association (Cposa) said Mr Gargan would wait to see under "what grounds" the call for his resignation has been made.

"The sudden announcement of a process to seek his resignation is a huge disappointment for Chief Constable Gargan," the spokesman 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.

"He has been found guilty of misconduct and has apologised for that.

"But the panel found that none of the alleged breaches of standards amounted to gross misconduct."

The spokesman said the panel had found, following five months of investigation and a 15 month process, that Mr Gargan had carried out "flawed judgment" and "ill-advised" behaviour.

"CC Gargan is deeply sorry for these and is committed to learning from them," he added.

"CC Gargan's first priority on returning to the constabulary would be to rebuild confidence in the force and in him as its leader so that he can continue the important work that was under way when he was suspended.

"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 led to a misconduct finding, let alone a finding of gross misconduct or criminal behaviour.

"He welcomes publication of the panel's report.

"CC Gargan will now wait and see what grounds are given for invoking the Section 38 process."

An initial investigation by the IPCC determined that Mr Gargan should not face criminal charges.

The police watchdog originally investigated allegations that Mr Gargan "abused his senior position by making inappropriate advances to junior female colleagues".

During the investigation, Mr Gargan was interviewed regarding allegations of gross misconduct and under criminal caution for alleged breaches of the Data Protection Act.

The independent panel hearing the case included Mr Lovell-Pank, HM Inspector of Constabulary Wendy Williams and independent member John Rickard.

Last year, the IPCC decided that the misconduct hearing should take place behind closed doors.

Councillor Nigel Ashton, chairman of the Avon and Somerset Police and Crime Panel, said: "The Commissioner's decision to require Nick Gargan to resign must now be referred to Sir Thomas Winsor, Her Majesty's Chief Inspector of Constabulary.

"His views together with the Commissioner's reasons for her decision will then be sent to the Avon and Somerset Police and Crime Panel for examination and comment.

"Whilst it is our primary role to scrutinise the Police and Crime Commissioner's actions and decisions and promote openness in the transaction of police business, we are very concerned and disappointed that these proceedings have taken so long to reach this stage.

"As soon as the final decision has been made we will review the whole process in detail.

"Of course there are set procedures that must be followed but it is important to understand where lessons can be learnt by all of the parties involved, both for the good of the constabulary and the service to the public."

Mr Gargan was only appointed after a newly-elected Ms Mounstevens asked his predecessor Colin Port to reapply for his job in 2012.

Mr Port went on to claim she had acted unlawfully but he failed in a legal attempt to block the recruitment process which led to Mr Gargan's appointment.

Ms Mountstevens is not the only police and crime commissioner to invoke powers to oust a chief constable.

Gwent Police chief constable Carmel Napier stepped down in 2013 after PCC Ian Johnston ordered her to retire, prompting claims of heavy-handedness and criticism of the powers of PCCs, who were first elected in 2012 on low turnouts.

Ms Mountstevens said it had cost almost £600,000 for the misconduct hearings into Mr Gargan's behaviour.

Legal fees, including for a QC and the cost of a solicitor from Cleveland OPCC, cost £354,396.67.

Mr Gargan's salary costs, including the additional salary costs of a second chief constable, were £188,052.77.

The panel's expenses, charged at Home Office day rate and including the cost of accommodation, were £30,405.83.

Other hearing costs, including catering, printing and stationery and mileage costs, added up to £3,527.69.

In total, the costs were £576,382.96. This does not include the costs incurred by the IPCC during the investigation.

Speaking at a press conference, Ms Mountstevens confirmed Mr Gargan could seek compensation if he was asked to resign.

Mr Gargan's contract with Avon and Somerset Police expires in 2018. He is currently paid £150,000 per year.