City Settles Suit with Police Union President

The City of Long Beach settled a multi-million dollar lawsuit that was filed by Stefan Chernaski, president of president of the Long Beach Patrolmen’s Benevolent Association (PBA) last September.  

The City Council passed a resolution to settle the original $27.5 million suit for $25,000, equaling the amount of Chernaski’s attorney fees, at Tuesday’s meeting.

Corporation Counsel Corey Klein advised to resolve the case before it went to trial and potentially quadruple the cost of the settlement. “I would recommend to the City Council, in light of the fact that these federal cases are often are very complex, very litigious, involving numerous witnesses, numerous facts, that a settlement in this nature is in the best interest of the city,” Klein said.

The suit filed with the U.S. District Court alleged that Chernaski was subject to a “continual barrage of harassing and discriminatory treatment” by higher-ranking officers and the defendants, former Police Commissioner Thomas Sofield Sr., Council President Thomas Sofield Jr. and City Manager Charles Theofan. The former city manager had called the suit “absolutely frivolous,” and he suggested it was politically motivated, given that it was was filed two months before last November’s City Council election.

Some of the suit’s accusations dated back to 2006, when Chernaski, a Democrat, was first elected PBA president, when he claims he was pressured to ignore possible contract violations in certain divisions, and pushed to throw the PBA’s support behind Republican Sofield Jr.’s bid for president of the city council, among other accusations.

On Tuesday, Republican Councilman John McLaughlin voted against the settlement, citing possible precedent to permit other frivolous lawsuits.

“I’m just worried that anyone who gets passed over on a list, they can just put a lawsuit in and the city’s going to settle out before it’s even heard, and then promote somebody and give their lawyer money,” McLaughlin said.

Due to vacancies in the police department, Chernaski earlier this month was promoted two-notches, from sergeant to detective lieutenant, raising his base salary from $121,000 to about $141,000 per year, according to Newsday.
 
Councilman Mike Fagen claimed Klein failed to provide him with even a rough draft of the settlement, and therefore was without the necessary details to make an informed decision on the settlement. “It’s very important to me to see this before I give my vote,” Fagen said before he abstained.  

President Fran Adelson, Vice President Len Torres and Councilmen Scott Mandel, however, provide the majority votes to approve the settlement.

“I’m concerned that this could go into a much larger fee," Adelson said. "Considering how bad the deficit is right now, if we could settle this and move forward. We also have the money for this in this line. I feel it is the proper thing to do now.”