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LBPD Union President Files $27.5M Suit Against City

Alleges political affiliation led to denial of promotion.

The president of the Long Beach Patrolmen’s Benevolent Association (PBA) slapped the city and administration officials with a multi-million dollar lawsuit claiming he was denied promotion and harassed because of his allegiance to the Democratic Party. 

Sergeant Stefan Chernaski filed the suit with the U.S. District Court on Sept. 15, alleging that he was subjected to a “continual barrage of harassing and discriminatory treatment” by higher-ranking officers and the defendants: Police Commissioner Thomas Sofield Sr., Councilman Thomas Sofield Jr. and City Manager Charles Theofan.

Some of the suit’s accusations date as far back as 2006, when Chernaski, a Democrat, was first elected president of the PBA. The suit claims, among other things, that 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.

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When Chernaski refused, the suit claims, he was warned that his promotion to lieutenant could be in jeopardy. Ultimately, he was twice denied the lieutenant’s promotion, first in September of 2008, and again in May 2009.

Chernaski deferred to his attorney, Jason Abelove, who did not return calls for comment.

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"This is a ridiculous and frivolous lawsuit," Sofield Jr. said.

Commissioner Sofield Sr. deferred to Deputy Inspector Bruce Meyer, who did not immediately returned calls for comment. 

Theofan, who has sole authorization over such promotions, dismissed the allegations as false and politically timed.

“It’s absolutely frivolous,” Thoefan said. “And isn’t it coincidental that this comes out right before an election. I never had a conversation with Chernaski that the word Democrat or Republican was used. I have never asked him his party affiliation.”

Corey Klein, corporation counsel for the city, also described the lawsuit as meritless and said the city has yet to actually be served with any papers for it.

“It’s a frivolous lawsuit not worth the paper it’s printed on, designed to be filed six weeks before an election and he should be ashamed for doing so," Klein said.

In addition to the denial of promotion, Chernaski also claims that he was subjected to ostracism from his co-workers, and warned by unnamed colleagues about his friction with Commissioner Sofield Sr.

But Theofan said that Chernaski was promoted to sergeant and was selected to attend the prestigious FBI National Academy.

“He mentions it [in the suit] but doesn’t look at it as a symbol of fair play,” Theofan said, adding that he remains confident the city will be exonerated.

“It’s going to get dealt with in the courts,” he added. “And I have no doubts that it is going to get dismissed in its entirety.”

Allegations from Chernaski's lawsuit:

  • After refusing to come in on a Saturday to help hang political signs for Republican candidates, he claims he was warned that it wouldn't be "well received."
  • Allegedly when Chernaski announced he was running for PBA president, Police Commissioner Thomas Sofield Sr. said "you better not..." because it would disrupt the chemistry of the current Long Beach government.
  • When Chernaski was passed over for promotion to lieutenant in 2008, the lawsuit claims Sofield Jr. said to him, "I deleted you after you didn't endorse me."
  • Claims co-workers were encouraged to ostracize him. In one alleged incident, a co-worker sat beside him at a meeting and said: "I'll sit next to you, even though I'll probably be demoted for it."
  • Claims he was retroactively and unfairly targeted for an investigation of abuse of fringe benefits all patrolmen enjoy, such as "Chart Days," and overtime pay for tour changes.

* This story was update from the original version at 3:35 p.m. on 9/28.

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