Petaluma, police lieutenant reach settlement over firing

A former Petaluma police lieutenant won a legal settlement with the city of Petaluma that pays him $75,000 and rescinds his termination.

In exchange, Dave Sears agreed to dismiss all current and potential legal claims he has against the city.

The agreement includes the city’s acceptance of Sears’ resignation as of Aug. 22, City Attorney Eric Danly said.

Danly announced the settlement after a closed-session vote of the City Council Monday night, which agreed 6-1 to the deal. Councilwoman Teresa Barrett opposed it.

Sears, 48, was in law school Tuesday and couldn’t be reached for comment. He has been in law school since the saga began about two years ago.

One of the department’s highest-ranking - and most respected - officers since 1999, Sears was fired in mid-2013 after a two-month investigation.

City officials refused to comment on the accusations, but sources within the department said other high-ranking members originated a complaint accusing Sears of “dishonesty.”

Sears said it did not involve allegations of inappropriate behavior, theft or improper conduct with any members of the public or the department.

An internal appeal upheld the termination and Sears vowed to fight it. He said he wanted to clear his name and reputation, not to return to the department.

Barrett, the sole City Council member to vote against the agreement in closed session, said she did so on a philosophical issue.

“There was one aspect of it I did not agree with,” she said. “I’m happy for Dave that he settled. There is just one part of it I could not in good conscience agree with.”

She declined to be more specific, saying council members agreed that Danly would be the city’s sole spokesman about the issue.

Sears’ Sacramento attorney was in court Tuesday afternoon and couldn’t be reached for comment.

Sears was hired in 1999 after having been with the Benicia Police Department for 12 years. He worked in patrol, investigations, SWAT and the field-training program, assisting newly hired officers.

Before he was placed on leave during the investigation, he had been handling administrative duties for the 90-member department, supervising the dispatch and records departments, claims and risk management, and budgeting.

Sears and Lt. Danny Fish appeared to be the top in-house candidates for the permanent police chief’s job in 2012 until the city hired from outside, tapping Pat Williams from Southern California, in part because of internal discord.

Fish had served as interim chief for three years, during which time he recommended eliminating Sears’ captain’s position and demoting him to lieutenant as a cost-cutting move.

The cost-cutting recommendation, which was approved by the City Council, sparked criticism that Fish was trying to eliminate his rival from consideration of the top job. Fish also returned to lieutenant rank after Williams was hired.

You can reach Lori A. Carter at 762-7297 or lori.carter@pressdemocrat.com. On Twitter @loriacarter.