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An officer who was fired for his "inhumane" actions and behavior toward a neighborhood activist will remain on the force.

At a Fire and Police Commission hearing Wednesday, hearing officer John Carter announced that the city and the attorney for Officer Jovan M. Petkovich, 34, had reached an agreement to resolve the case, which was continued from last month.

Under the agreement, Petkovich's appeal to his firing was withdrawn subject to a stipulation reached by the city and the officer that calls for Chief Edward Flynn to issue a new order in the case.

The stipulation has not yet been written, but Assistant City Attorney Adam Stephens said after the hearing that Petkovich will not be fired, and will remain on the force and be disciplined.

Tramaine Ford, a homeowner and neighborhood activist, was arrested last year by Petkovich during a traffic stop and jailed for resisting arrest after she repeat edly asked to use a restroom and later soiled herself.

During the traffic stop on Feb. 4, 2011, Ford was a passenger in the vehicle that was stopped, but she was not under arrest at the time. She said she got out of the car and asked to use a nearby restroom because she was taking an antibiotic that had side effects, but she was not allowed to leave the scene.

She testified last month that she was not confrontational but asked repeatedly to use a nearby restroom.

Petkovich testified that he wouldn't let her use a nearby restroom because she was screaming and that he feared for his safety. He said he thought she might be carrying contraband or a gun and that she refused his commands to remain in the car.

A confrontation ensued, and Ford was pepper-sprayed, handcuffed and arrested. She spent more than 30 minutes in the squad car where an in-car video showed her screaming and crying repeatedly that she had to use the bathroom and had done nothing wrong.

She later said she soiled herself before being booked into the jail, where she spent the night.

Ford had been featured in a Journal Sentinel story about community efforts to deal with issues of crime and foreclosures on her block on N. 24th St. in late 2010.

In his original complaint to the commission in explaining the firing of Petkovich, Flynn said the officer "did not have 'reasonable fear' required for a 'frisk.' "

Ford attended Wednesday's hearing but had no comment on the agreement between the officer and the city.

Flynn fired Petkovich, a 10-year veteran of the force, in January. He said in the complaint that Petkovich "behaved in such a way discredit could be brought upon the department" and "used inhumane treatment against a prisoner in custody."

In his complaint to the commission, Flynn said the traffic stop lacked probable cause because there was not a defective lamp.

At last month's hearing, Jon Cermele, the Milwaukee Police Association attorney for Petkovich, faulted the department's internal affairs investigation of the case.

"I've been representing MPA for 16 years and I've done a lot of these cases, and this is one of the poorest investigations by the professional performance division in many years," he told commissioners.

Another Milwaukee police officer, Daniel Culver, who was fired in January after internal investigators found that he solicited prostitutes and lied about it, was cleared of wrongdoing in June by the city's Fire and Police Commission.

Culver was returned to duty with back pay, according to Cindy Janusz, paralegal for the commission.