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Avon and Somerset PCC 'unlawfully induced' police boss to retire Avon and Somerset PCC 'unlawfully induced' police boss to retire
(about 1 hour later)
The chief constable of Avon and Somerset was "unlawfully induced to retire" by his Police and Crime Commissioner (PCC), a court heard.The chief constable of Avon and Somerset was "unlawfully induced to retire" by his Police and Crime Commissioner (PCC), a court heard.
Colin Port has taken PCC Sue Mountstevens to court in a bid for an injunction to block the interview process for his replacement.Colin Port has taken PCC Sue Mountstevens to court in a bid for an injunction to block the interview process for his replacement.
It follows his refusal to re-apply for his own job after Ms Mountstevens asked him to, on being elected in November.It follows his refusal to re-apply for his own job after Ms Mountstevens asked him to, on being elected in November.
The Royal Courts of Justice heard Mr Port felt "humiliated" by his PCC.The Royal Courts of Justice heard Mr Port felt "humiliated" by his PCC.
Mr Justice Edwards-Stuart was told Mr Port, who is also bidding for six month's notice before the interview procedure takes place, had done "extraordinarily well" as chief constable.Mr Justice Edwards-Stuart was told Mr Port, who is also bidding for six month's notice before the interview procedure takes place, had done "extraordinarily well" as chief constable.
Mr Port's lawyer, Mike O'Brien, argued the "arbitrary decision" by PCC should have been scrutinised by Police Crime Panel. Mr Port's lawyer, Mike O'Brien, argued the "arbitrary decision" by the PCC should have been scrutinised by Police Crime Panel.
'No intention''No intention'
He told the court, Mr Port was said to be concerned for the impact of such "arbitrary decisions" on the "wider policing community" and that he is entitled to serve out a six-month notice "which he sees as his duty". He told the court Mr Port was said to be concerned for the impact of such "arbitrary decisions" on the "wider policing community" and he was entitled to serve out a six-month notice "which he sees as his duty".
When Mr Port met Ms Mountstevens on the day she took her oath of impartiality last November, she told him she wanted to advertise his job so that she could appoint a chief constable for her whole three-and-a-half-year term of office Lawyers acting for Ms Mountstevens responded by telling the judge she acted within the law.
Mr Port told the commissioner that he had "no intention" of re-applying for his own job. They said once the Chief Constable had told the media he was resigning, in November, she had no choice but to find a replacement and it would be against public interest to disrupt that process now.
He added that he would not seek the renewal of his contract and confirmed he would retire from the police service on 26 January 2013. When Mr Port met Ms Mountstevens on the day she took her oath of impartiality, she told him she wanted to advertise his job so she could appoint a chief constable for her whole three-and-a-half-year term of office.
Mr Port told the commissioner he had "no intention" of re-applying for his own job.
He said he would not seek the renewal of his contract and confirmed he would retire from the police service on 26 January.
In a statement a spokesperson for the office of Avon and Somerset PCC said: "After publicly announcing on 22 November that he intended to retire at the end of his fixed-term appointment on 26 January 2013, we were surprised to receive a legal letter from Chief Constable Colin Port requesting six months' notice and an injunction blocking the interview process for a new chief.In a statement a spokesperson for the office of Avon and Somerset PCC said: "After publicly announcing on 22 November that he intended to retire at the end of his fixed-term appointment on 26 January 2013, we were surprised to receive a legal letter from Chief Constable Colin Port requesting six months' notice and an injunction blocking the interview process for a new chief.
"As legal proceedings are active there is nothing further we can add at this time.""As legal proceedings are active there is nothing further we can add at this time."
Under police regulations a chief constable can be appointed for a fixed term for a maximum of five years.Under police regulations a chief constable can be appointed for a fixed term for a maximum of five years.
After the fixed-term they can be extended by up to three years, but there after it can only be a year at a time. After the fixed-term they can be extended by up to three years but following that extensions can only be for a year at a time.
BBC West Home Affairs correspondent, Steve Brodie, said he understood Mr Port would be personally covering the cost of the action. BBC West Home Affairs correspondent Steve Brodie said he understood Mr Port would be personally covering the cost of the action.