Sergio Bichao,
Mayor Thomas Lankey described
the order as a setback in his administration’s effort to clean the
scandal-plagued and litigious department’s “tarnished image.”
EDISON – It may not seem fair,
as officials in this North Jersey town argue, that a suspended cop facing
criminal charges can sit home and collect a paycheck. But it’s the law.
A state Superior Court judge
has ordered Edison Township to continue paying a police officer who was suspended
after he was charged with criminal conspiracy because the charges aren’t
serious enough to warrant an immediate unpaid suspension.
The ruling last week was
welcomed by Edison Policemen’s Benevolent Association Local 75, which filed the
lawsuit. But it was derided by Mayor Thomas Lankey, who described it as a
setback in his administration’s effort to clean the scandal-plagued and litigious
police department’s “tarnished image.”
Patrolman Victor Aravena and
Lt. William Gesell were charged in March of conspiring with an indicted Edison
officer, Michael Dotro, to retaliate against a North Brunswick police officer
who had arrested a relative of Dotro’s.
On March 31, several days after
the charges were filed, Police Chief Thomas Bryan suspended Aravena and Gesell
without pay.
But Aravena’s union argued the
law only allows an unpaid suspension after an officer has been indicted or is
accused of a “high misdemeanor” or a crime “which involves moral turpitude or
dishonesty.”
Union lawyer David DeFillippo
said a “high misdemeanor” is an outdated term referring to third-degree crimes
or worse, but Avarena was charged only with a fourth-degree offense.
“With moral turpitude, there
needs to be some kind of elevated nature to the crime, something depraved or
heinous or vile,” he said. “The judge ultimately agreed with the PBA.”
The judge’s order does not
apply to Gesell, who is represented by a different union.
Lankey said his administration
is considering an appeal.
“We will continue to do the
right thing for our taxpayers,” he said. “We will also continue to do what’s
best for the large majority of our 160 police officers who are dedicated,
conscientious professionals.”
Allan C. Roth, the
municipality’s labor counsel, said Edison “made the best possible argument to
ensure that a patrolman — criminally charged with conspiracy related to his job
— did not continue to collect a paycheck while suspended from duty.
“Most taxpayers, no matter
where they live, feel it’s unfair for any public employee, especially a police
officer, to collect a salary after being criminally charged and suspended from
their job as they await trial.”
Dotro, meanwhile, has been indicted
on five charges of attempted murder and charges of aggravated arson in
connection with a May 2013 incident in which prosecutors say he firebombed his
captain’s home with the captain, his wife, two children and 92-year-old mother
inside. Dotro also has been accused of purchasing marijuana while in uniform,
conspiring to sell the drug, slashing a woman’s tires, illegally accessing
police records for personal use and carrying prohibited brass knuckles and a
blackjack in his police duty bag.
