Newport has to cover officer’s attorney fees

Newport Beach will have to pay $700,000 more to cover the attorney fees of police Sgt. Neil Harvey, who won a discrimination lawsuit against the city earlier this year, Superior Court Judge Peter Polos ruled Monday.

The sum — $706,775 — is about one-third what Harvey’s lawyers were seeking and brings the total Newport Beach will have to pay for keeping Harvey from rising to lieutenant to about $1.9 million.

A jury ruled earlier this year that Newport Beach Police Department leaders failed to promote Harvey out of retaliation and based on false rumors that he is gay. The jury awarded the 27-year veteran $1.2 million. Monday, Polos threw out the city’s motion for a new trial and ordered it to cover Harvey’s attorney costs.

Harvey’s attorneys, Jack Girardi and Larry Lennemann, argued in their motion that the more than 2,000 hours they dedicated to the case over about two years came out to $1.25 million in hourly wages. They then added it should be doubled as a “multiplier” or proper incentive for attorneys like themselves to take on such costly, demanding and risky cases when there’s a chance they’ll earn nothing.

Polos told Girardi in court Monday that $700,000 was as good an incentive as any for someone to pick up a lawsuit like Harvey’s. In coming to his total, Polos reduced Lennemann’s hourly rate to $250 from $450. He approved Girardi’s hourly rate of $500.

“Part of my reflection of that rate isn’t only the qualifications, but it’s his ability to really measure the hours as appropriate,” Polos said.

Harvey’s attorneys’ bill was too vague, Polos said, and made him rethink compensating them entirely.

Harvey’s victory in court could prove more costly to the city than just his award. Since the ruling, a now-retired lieutenant has filed a claim with the city seeking no less than $100,000, arguing he was not promoted for improper reasons. Former Lt. Steve Shulman claims a flawed promotional testing process kept him from getting a fair shot at the captain position.

The city has hired an outside party to investigate the Police Department’s promotional process and recommend changes. Police Chief John Klein has suspended all promotions during the investigation, which affects Harvey, who was the top candidate for Shulman’s lieutenant position.

Timeline

Past: A jury awards Newport Beach police Sgt. Neil Harvey $1.2 million after it determines in his civil suit against the city that he was not promoted out of retaliation and discrimination based off false rumors that he is gay.

Present: Civil trial judge Peter Polos rules Newport Beach must cover Harvey’s attorney fees at a cost of more than $700,000.

Future: Harvey is back on the job and is the No. 1 candidate for an open lieutenant position.