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/jul/09/nick-gargan-avon-somerset-police-chief-constable-guilty-misconduct
The article has changed 3 times. There is an RSS feed of changes available.
| Version 0 | Version 1 |
|---|---|
| Suspended chief constable found guilty of eight misconduct charges | Suspended chief constable found guilty of eight misconduct charges |
| (34 minutes later) | |
| A chief constable suspended for a more than a year after being accused of “inappropriate advances” to women has been found guilty of eight charges of misconduct but is to be allowed to return to work. | A chief constable suspended for a more than a year after being accused of “inappropriate advances” to women has been found guilty of eight charges of misconduct but is to be allowed to return to work. |
| Nick Gargan, the chief constable of Avon and Somerset police, was sent home in May last year on full pay after allegations were made about his behaviour towards junior colleagues. | Nick Gargan, the chief constable of Avon and Somerset police, was sent home in May last year on full pay after allegations were made about his behaviour towards junior colleagues. |
| Gargan, 48, who is seen as one of the more able chiefs and is a national lead for policing on finance issues, was also investigated over alleged breaches of the Data Protection Act in relation to emails sent to individuals outside the force. | Gargan, 48, who is seen as one of the more able chiefs and is a national lead for policing on finance issues, was also investigated over alleged breaches of the Data Protection Act in relation to emails sent to individuals outside the force. |
| After a private hearing at an undisclosed location, Gargan was found guilty of eight charges of misconduct. He will now face a sanction hearing where the Avon and Somerset police and crime commissioner, Sue Mountstevens, will decide what action – if any – will be taken against him. | After a private hearing at an undisclosed location, Gargan was found guilty of eight charges of misconduct. He will now face a sanction hearing where the Avon and Somerset police and crime commissioner, Sue Mountstevens, will decide what action – if any – will be taken against him. |
| Because he was not found guilty of gross misconduct he cannot be dismissed from his post. Neither can he be demoted. Sanctions available include receiving a written warning or management advice. | Because he was not found guilty of gross misconduct he cannot be dismissed from his post. Neither can he be demoted. Sanctions available include receiving a written warning or management advice. |
| In a carefully worded statement, the police and crime commissioner’s office announced the misconduct panel had reached its decision. It said: “The chief constable faced 10 charges of gross misconduct, three charges of misconduct and has been found guilty of eight at a level of misconduct.” | In a carefully worded statement, the police and crime commissioner’s office announced the misconduct panel had reached its decision. It said: “The chief constable faced 10 charges of gross misconduct, three charges of misconduct and has been found guilty of eight at a level of misconduct.” |
| The statement said the chair of the panel, Dorian Lovell-Pank QC, will write a report on the panel’s findings and will recommend any sanctions the chief constable should face under police regulations. | The statement said the chair of the panel, Dorian Lovell-Pank QC, will write a report on the panel’s findings and will recommend any sanctions the chief constable should face under police regulations. |
| It said: “Police and crime commissioner Sue Mountstevens will hold a sanction hearing with the chief constable following receipt of the panel’s report. | It said: “Police and crime commissioner Sue Mountstevens will hold a sanction hearing with the chief constable following receipt of the panel’s report. |
| “On the basis of the panel’s findings, Chief Constable Nick Gargan’s suspension has today been lifted. A phased return to work is being prepared for after the sanction hearing.” | “On the basis of the panel’s findings, Chief Constable Nick Gargan’s suspension has today been lifted. A phased return to work is being prepared for after the sanction hearing.” |
| It is believed the sanctions hearing will be held within weeks – until which time Gargan is expected to stay away from the office. Mountstevens does not have to accept the panel’s conclusions nor their recommendations on any sanctions, but it is thought likely she will do so. | It is believed the sanctions hearing will be held within weeks – until which time Gargan is expected to stay away from the office. Mountstevens does not have to accept the panel’s conclusions nor their recommendations on any sanctions, but it is thought likely she will do so. |
| Details of exactly what Gargan has been found guilty of will only be made public after the sanctions hearing. | Details of exactly what Gargan has been found guilty of will only be made public after the sanctions hearing. |
| The police watchdog, the Independent Police Complaints Commission, was initially asked by Mountstevens to investigate when the complaints about inappropriate behaviour surfaced. | |
| In July last year the IPCC said that, as part of its inquiry, it had allegedly uncovered evidence that Gargan may have breached the Data Protection Act “by sending emails concerning police business, some of which contained personal data, to individuals unconnected to the force”. It said Gargan had been served with a notice informing him that this aspect of his conduct was subject to a criminal investigation. | In July last year the IPCC said that, as part of its inquiry, it had allegedly uncovered evidence that Gargan may have breached the Data Protection Act “by sending emails concerning police business, some of which contained personal data, to individuals unconnected to the force”. It said Gargan had been served with a notice informing him that this aspect of his conduct was subject to a criminal investigation. |
| Gargan was interviewed under criminal caution but the IPCC decided that it was a matter for Mountstevens to consider under the disciplinary process – along with the allegations relating to inappropriate behaviour towards female colleagues. | Gargan was interviewed under criminal caution but the IPCC decided that it was a matter for Mountstevens to consider under the disciplinary process – along with the allegations relating to inappropriate behaviour towards female colleagues. |
| The IPCC later also decided that the misconduct hearing should take place behind closed doors – partly because of concerns that vulnerable witnesses could not be protected if it was held in public. | The IPCC later also decided that the misconduct hearing should take place behind closed doors – partly because of concerns that vulnerable witnesses could not be protected if it was held in public. |
| Speaking through the Chief Police Officers’ Staff Association, Gargan said: “I accept the findings of the panel and apologise that my actions have fallen below the standards expected of a chief constable. I am pleased that the more serious gross misconduct allegations were found not to be proven including any allegation of inappropriate advances towards female colleagues. I am relieved and very pleased that my suspension is at an end. | Speaking through the Chief Police Officers’ Staff Association, Gargan said: “I accept the findings of the panel and apologise that my actions have fallen below the standards expected of a chief constable. I am pleased that the more serious gross misconduct allegations were found not to be proven including any allegation of inappropriate advances towards female colleagues. I am relieved and very pleased that my suspension is at an end. |
| “I await the panel chair’s report and my meeting with the police and crime commissioner, and will have no further comment to make until then.” | “I await the panel chair’s report and my meeting with the police and crime commissioner, and will have no further comment to make until then.” |
| Gargan took over as chief in March 2013 from Colin Port, who left after being told by Mountstevens – then newly elected as crime commissioner – that he would have to reapply for his job. | Gargan took over as chief in March 2013 from Colin Port, who left after being told by Mountstevens – then newly elected as crime commissioner – that he would have to reapply for his job. |
| One of Gargan’s first tasks was to oversee policing of the badger cull in Somerset. He has also found his force in the national spotlight for the wrong reasons over the case of Iraqi refugee Bijan Ebrahimi, who was murdered by vigilantes after reporting his concerns to the police. His force also helped out with the floods in Somerset. | One of Gargan’s first tasks was to oversee policing of the badger cull in Somerset. He has also found his force in the national spotlight for the wrong reasons over the case of Iraqi refugee Bijan Ebrahimi, who was murdered by vigilantes after reporting his concerns to the police. His force also helped out with the floods in Somerset. |
| Gargan is a fitness fanatic and a supporter of Leicester City football club. Shortly before his suspension he told the Guardian that crime writers should depict more detectives as clean-living and balanced rather than damaged and hard-drinking, like Inspector Rebus in Ian Rankin’s novels. | Gargan is a fitness fanatic and a supporter of Leicester City football club. Shortly before his suspension he told the Guardian that crime writers should depict more detectives as clean-living and balanced rather than damaged and hard-drinking, like Inspector Rebus in Ian Rankin’s novels. |
| Mountstevens is a former director of a Bristol family bakery chain and was a surprise winner when she stood as police commissioner as an independent and beat the Conservative favourite. One of her priorities has been to tackle violence against and sexual abuse of women. | Mountstevens is a former director of a Bristol family bakery chain and was a surprise winner when she stood as police commissioner as an independent and beat the Conservative favourite. One of her priorities has been to tackle violence against and sexual abuse of women. |
| Gargan has denied wrongdoing. He has the right to appeal against both the decision of the panel and any sanctions. If he does appeal the process could go on for several more months. | Gargan has denied wrongdoing. He has the right to appeal against both the decision of the panel and any sanctions. If he does appeal the process could go on for several more months. |