Lt. Lear Retires, Accord Revised

CAPE MAY – Cape May City Council held a special meeting Dec. 31, 2015 for the sole purpose of approving a resolution revising the October settlement between the city and Lt. Clarence Lear, second in the command structure of the police department. 
The public had believed the case involving accusations of inappropriate use of compensatory time by Lear had been resolved in October when the council approved a settlement reached on the day when a disciplinary hearing for Lear was scheduled to begin.
That settlement agreement then ended all legal maneuvers between the parties, extended Lear’s contract for the first six months of 2016, and allowed him to earn and be paid for the full six weeks of vacation time for 2016.
What was not made public at the time was that the earlier settlement also involved a previously undisclosed issue involving firearms qualification for 2009.
The qualification issue, unexplained by council, was also included in the end of year revised settlement.
When council met Dec. 31, members immediately voted to enter a closed session.
Following that executive session, council proposed and approved a resolution that ratified the new revised settlement.
According to Mayor Edward Mahaney and city Solicitor Anthony Monzo, the October settlement had never been signed by Lear and was not yet in effect.
After two months in which the earlier settlement was not enforced, the city, Monzo disclosed, went to court to have a judge impose the earlier settlement agreement. At that point, Monzo said, Lear and his attorney proposed revised terms which the city approved in the resolution adopted during the special session.
Retired Jan. 1
The new terms are similar to the previous ones with one significant exception. Lear, based on the revised settlement, retired Jan. 1, 2016. That aspect of the settlement required council to meet Dec. 31 to approve terms. Lear will still receive six weeks of vacation time for 2016 without having to work during the year.
Public Records
Another aspect of the settlement pertains to a separate ongoing legal action involving the city. Lear had made OPRA requests for city documents related to the compensatory time issue.
He had received a positive interim order from the Government Records Council ordering the city to produce documents that had been denied. The interim order contained what Monzo termed “mistakes” in that it orders release of documents that had not been requested.
This new settlement came while the GRC was reconsidering its order and now makes the issue moot. All issues between Lear, the city and the GRC will end.
What makes the timing of interest is that the city has been in a legal wrangle over other related OPRA requests. Harry Scheeler, a self-proclaimed “OPRA crusader” has also requested information related to the compensatory time controversy and the legal expenses incurred by the city related to it.
Scheeler’s requests go beyond the issue involving Lear’s use of time, but requests he made were a direct outgrowth of the police controversy.
Acting on behalf of “several residents” whom he said approached him. Scheeler sought information related to the demotion of Robert Sheehan from police chief to captain in March 2015.
One of the documents sought was the report of retired State Police officer James Fallon’s internal affairs investigation of issues leading to the city’s action. Sheehan also seeks records on legal expenses for the city, many of which relate to the controversy.
The city has filed a motion to dismiss Scheeler’s lawsuit on grounds that he does not have standing to bring it since he is not a state resident.
The OPRA case and the city’s motion to dismiss have been scheduled in Superior Court Jan. 12.
The revised settlement with Lear, including the fact that it ends Lear’s pursuit of similar documents through OPRA, means that some of the documents sought by Scheeler will not have already been released to Lear prior to the hearing.
Language Use
The resolution frequently used language that reinforced the city’s position that the use of compensatory time by Lear was both “illegal and unauthorized.” The use of language caused Council member Shane Meier to vote against the resolution even though he indicated that he approved of a settlement.
The vote was 4-1 in favor. When asked about the use of the phrase “illegal,” the city continued to see the phrase as appropriate.
Retired police chief Robert Boyd reminded council that the Prosecutor’s Office found no evidence of criminal activity. Monzo replied that an act does not have to be a crime to be illegal. “In my world it does,” said Boyd.
Impact of Vacancy
Lear’s settlement and sudden departure leave the police department command structure significantly different from where it stood. At that time, just under two years ago, the department had a chief, a captain, and a lieutenant.
As of Jan. 1, 2016, Sheehan was the only officer with a rank above sergeant until matters are sorted out. Important also is that Sheehan has his own lawsuit against the city, pertaining to his demotion last March.
Some members of the public speculate that the city will try to reach an agreement with Sheehan that would include his resignation so that the city council would have a “clean slate” for reappointing commanders in the department.
The one thing that is certain as the Sheehan issue approaches a one-year anniversary, is that many in the public continue to express a desire to have the matter resolved.
Meanwhile the controversy showed up in unusual places. On Jan. 1, council held its annual reorganization meeting and one of the routine items of business was the mayor’s appointments for the Emergency Management Council.
That council has the mayor, Council member Terri Swain, City Manager Bruce MacLeod, Fire Chief Alex Coulter, Deputy Fire Chief, a captain from the fire police, and other expected city officials.
It’s lone representative from the Police Department is not the ranking officer, Sheehan, but rather Dekon Fashaw, a sergeant.