Settlement Reached Between City, Lear

CAPE MAY – At an emergency meeting of Cape May City Council Oct. 13, members voted unanimously to accept the terms of a settlement regarding the administrative charges brought by the city against Lt. Chuck Lear, a 37-year veteran of the police force.
The settlement was reached during a three-hour conference in the morning that preceded what would have been the first day of testimony in an administrative hearing in which the city sought to discipline Lear.
Lear had been the focus of an investigation into his use of what the city termed “compensatory time,” which the city maintained was in violation of his contract and of municipal policy. 
The resolution approved by council contained the outline of the settlement. The city’s attorneys were charged with preparing a comprehensive settlement agreement that will incorporate all the terms.
The settlement dismisses all pending disciplinary charges and extends Lear’s contract, set to end in December, for six additional months. Lear will retire on July 1, 2016. The terms also granted Lear six weeks of contractual vacation time for 2016 which will be “cashed in” upon retirement. The settlement additionally established prohibitions against bringing other charges or civil suits that relate to the matter and its investigation.
The city continued to maintain that the “use and accrual of compensatory time was not lawfully authorized.” The settlement, according to the city, was intended “to avoid uncertainty and expense of protracted litigation.”  
This language in the settlement terms kept open the city’s claim that Lear was not authorized to what he did, but acknowledged that his superiors had “implied authorization” for an action that was “outside the bounds of such supervisory authority accorded to the city.” In short, the city maintains that Lear was wrong in his actions, but he acted with the approval of his supervisors who inappropriately condoned a practice that was not within their power to approve.
The city remains in a continuing legal battle with Captain Robert Sheehan. In March, city council removed Sheehan from his position as police chief and returned him to his previous rank of captain. The action was taken because of what the city then said was an active, possibly criminal, investigation of the police department by Cape May County Prosecutor Robert Taylor. This investigation centered on Lear’s use of leave.
The city then engaged in a public relations effort that caused a rift with the prosecutor. Faced with public pressure over the action against Sheehan, the city produced two press releases which contained information and documents pertinent to the internal affairs investigation and which the prosecutor maintained violated his orders and attorney general guidelines.
What ensued included the placement of a monitor in the police department by Taylor, a suit by the city to have the monitor removed, a judgment in Superior Court that failed to award the city any of the injunctive relief or declaratory judgments requested in the city’s suit, and, finally, a settlement with the prosecutor. Sheehan’s suit is still pending.
 According to Monzo, Sheehan’s lawsuit is still in its discovery phase, and the city has not received any offer from Sheehan’s attorney to explore a settlement.
At the conclusion of the council meeting, the 25 or so individuals who had attended, following the necessarily short notice, wondered aloud why the city had expended so much time and money on something that was settled in the way that it was.
“Chuck got just about everything he could have asked for,” said Robert Boyd, former city police chief. “He was going to retire anyway with 37 years in,” Boyd added.
Former mayor Jerry Gaffney asked why the city had gone to these lengths to reach a settlement that essentially dismissed all charges.
Many of those in attendance expressed relief that the charges pending against Lear had been resolved. As for the remaining lawsuit, Monzo said, “The Sheehan case will move forward in the normal course.”
After learning that there might not be plans to stream video of the council meeting, council member Jack Wichterman asked that it be streamed.  The video is posted on the city’s website.
To contact Vince Conti, email vconti@cmcherald.com.