Neb. appeals court upholds firing of ex-officer

OMAHA, Neb. (AP) - The Nebraska Court of Appeals on Tuesday upheld the firing of a former Wayne police lieutenant, rejecting his argument that he was denied due process after being accused of making sexual advances toward women in the department and tolerating racial prejudice among officers.

Former Lt. Phil Shear, along with former Wayne Police Chief Lance Webster, appealed after a Wayne County district judge rejected their challenges to the Wayne Civil Service Commission’s upholding of their April 2011 firings by City Administrator Lowell Johnson.

Among the accusations against Shear were those that said he engaged in an extramarital affair with a subordinate and made sexual advances to department employees he supervised. The commission also found that Shear tolerated officers’ practice of referring to white people as “number ones” and to black people as “number twos.”

A former Wayne police officer testified that this system existed in the department, but maintained that it was a communication system to ensure officer safety and was not intended as a discriminatory practice.

City officials argued that as a supervisor, Shear should have corrected the practice but did not.

In his appeal, Shear argued, among other things, that he was denied due process and that the commission’s decision was not made in good faith because he present more compelling evidence to dispute the city’s accusations against him.

On Tuesday, the appeals court said all of Shear’s arguments lacked merit.

Shear’s attorney, Steven Delaney of La Vista, said Tuesday he had not had a chance to confer with Shear on the opinion and could not say whether Shear would appeal further.

“Certainly, we’re always disappointed when an appeal doesn’t go our way,” Delaney said. “We still have other avenues we can pursue.”

An attorney for the city, Jerry Pigsley of Lincoln, did not immediately return a message left Tuesday seeking comment.

The appeals court’s opinion followed its rejection in late November of Webster’s appeal. Webster was fired after being accused of trying to cover up for Shear by, among other things, trying to fire Shear’s accuser.