Nick Gargan case: Senior police officers call on him to quit

Nick Gargan was appointed chief constable in January 2013 and was suspended in May 2014

A group of senior police officers at the Avon and Somerset force has given a vote of no confidence in under-fire chief constable Nick Gargan.

Twenty-four of 25 officers balloted said Mr Gargan should not be allowed to return to his post.

A panel found him guilty of eight counts of misconduct last month, but Mr Gargan, 48, was cleared to resume his duties after being suspended.

On Wednesday he was told to quit by the force's police and crime commissioner.

PCC Sue Mountstevens said Mr Gargan had "abused his position" by forwarding emails and "storing intimate images" on his work phone and revealed she had started the process of using new powers to call on him to quit.

The ballot results were disclosed in a letter written to Ms Mountstevens, the contents of which she revealed on Thursday.

Turbulent times for police chief

Of the 25 officers balloted, who are all of at least superintendent rank, 24 said they had no confidence in Mr Gargan, while one abstained.

'Position not tenable'

Speaking on behalf of Mr Gargan, Mark Polin, the chair of the Chief Police Officers' Staff Association, said the PCC was using the wrong piece of legislation to remove the chief constable.

He said: "Section 38 of the Police Reform and Social Responsibility Act lays out the process for suspending or removing a chief constable. Home Office guidance states that a separate disciplinary procedure under the Police (Conduct) Regulations 2012 must be used instead of Section 38 where there is an allegation of misconduct.

"In CC Gargan's case, this misconduct procedure has taken place and the panel has recommended that CC Gargan should return to work.

"It seems evident from the statement issued by the police and crime commissioner that she intends to rely on essentially the same facts considered by the misconduct panel to seek to remove Chief Constable Gargan under Section 38, which we believe was intended to be used in different circumstances."

Last month, the independent panel cleared him of gross misconduct. It recommended a final written warning be issued for each of the eight misconduct counts - the severest possible sanction.

The letter to Ms Mountstevens, from the Police Superintendents' Association branch chair Ian Wylie, was sent on 14 August.

It urged her to take on board the officers' views when reaching her decision "in relation to the future leadership and direction of this organisation".

The letter said the officers were given the opportunity to change their votes after the full details of Mr Gargan's misconduct became known and that none of them did.

It added: "It is our opinion that his position is no longer tenable to maintain public or internal confidence."

The letter followed a call from three former chief constables of the force for Mr Gargan to resign.

He was appointed by Ms Mountstevens in January 2013 after his predecessor, Colin Port, quit when she asked him to reapply for his job.

Following Ms Mountstevens' call for Mr Gargan to quit, the Chief Police Officers Staff Association, on his behalf, said he had "complied with every requirement of the protracted misconduct investigation and subsequent hearing" and had apologised for misconduct.

"He placed his fate in the hands of an expert professional panel, which made a clear recommendation that he should go back to work," the statement said.

Mr Gargan remains on full pay but is suspended from duty.