Harvey moves up rank

Newport Beach police officer Neil Harvey finally won his hard-fought battle for promotion to lieutenant. But Harvey, 49, who successfully sued the city for not promoting him because of false rumors that he was gay, will be paid a lieutenant’s salary without having to work at all.

As part of a personnel agreement struck between the city and Harvey, he was bumped up to lieutenant from sergeant, and he won’t have to report for duty, high-ranking city officials have confirmed.

Harvey’s promotion took effect Aug. 27, after more than 28 years on the force, said City Atty. David Hunt. Harvey’s annual pay as a lieutenant is more than $130,000.

Harvey won his lawsuit earlier this year. He and his attorneys were awarded more than $2 million.

In September, the city reached a separate settlement with Harvey through the employee grievance process. The settlement agreement supersedes the jury’s award and instead gives Harvey and his lawyers $1.45 million.

However, his new arrangement with the city to get paid without having to work or report for duty is temporary.

A city employee not authorized to speak on behalf of Newport Beach confirmed that Harvey is expected to retire in March, when he turns 50.

Police Chief Robert Luman referred all comments on Harvey’s promotion to the city attorney’s office. The office declined to comment, citing the personnel agreement’s confidentiality rules. Harvey also declined to comment because of those confidentiality rules.

The agreement could save the city some money in the long run. Newport Beach is facing an $8-million deficit.

“Neither side has admitted any error in the handling of the matters that gave rise to the lawsuit or the appeal. On the other hand, the parties have agreed that settling this case is best. All parties have agreed to a compromise in order to put the matter behind them,” Hunt said in a memo explaining the new deal with Harvey.

The city’s insurance carriers are paying the $1.45 million to Harvey, but Newport Beach is covering his salary, Hunt said.