Herald News (Passaic County, NJ)
January 9, 2009 Friday

City cop to fight extended suspension;
Appeal backfired; cited for viewing porn on duty


By Heather Haddon

 
 

PATERSON - A city police sergeant who appealed a 60-day suspension but then got hit with a stiffer penalty is fighting the six-month penalty the state says he deserves for allegedly watching pornography at the police station.


Sgt. Matthew VanDerVelden, a Wayne resident and day-shift supervisor in the department's communication division, was punished for violating state and city administrative codes governing public-employee conduct.


In December, the state Civil Service Commission decided to suspend him for six months without pay because of the seriousness of the offenses. The city originally suspended VanDerVelden for 60 days, but he appealed the decision in 2007.


"You better be careful with what you wish for," said Mayor Jose "Joey" Torres about the results of the appeal.


The commission hears appeals made by public employees facing discipline. It rarely increases penalties.


Of the 74 suspensions it decided last year, the board increased five, said state Department of Personnel spokesman Mark Perkiss

.
Charles Sciarra, VanDer-Velden's Clifton-based lawyer, said they are taking the matter to the state Appellate Division of the Superior Court. Sciarra argued that the penalty was too harsh for a 15-year veteran with a previously unblemished record.


"He is a decorated cop," Sciarra said. "I think the punishment he has faced for a few discrete issues has been excessive."


In 2006, VanDerVelden was caught using a computer in the police academy to view pornographic Web sites while on duty, according to Internal Affairs records cited by state Administrative Law Judge Walter M. Braswell in his case review. VanDerVelden was charged with viewing the inappropriate material during three separate nights. VanDerVelden was an instructor at the city police academy and had keys that admitted him at any time.


He appealed the city's suspension and the case was transferred to the state Office of Administrative Law. Last October, Braswell upheld the suspension, writing in his decision that VanDerVelden had "little regard for the appropriate use of [police] equipment."


The decision went before the state Civil Service Commission for a final review last month. It decided to increase VanDerVelden's penalty because of past conduct problems.


"The appellant has a significant major disciplinary history," wrote acting commission chairperson Hope Cooper on behalf of the board.


VanDerVelden, 41, first became a police officer in 1993 and was promoted to sergeant eight years later. The department has reprimanded him at least three times, according to Internal Affairs records cited by Judge Braswell in his case review.


In 2004, VanDerVelden was charged with neglect and failure to carry out his supervisory responsibilities while overseeing the city cellblock.
In February 2006, VanDerVelden was suspended for 90 days after he was caught shoplifting 12 DVDs valued at $120 at a Pathmark, according to Braswell's case review. Two months later, the officer was suspended for 15 additional days for working during the suspension as a supermarket security guard, which the department considers a policing function.


Sciarra, the lawyer, said that VanDerVelden admitted to using the computer for personal reasons, but insists that the sites he visited inadvertently triggered pornographic images. He has attended counseling since the incidents and is trying to move on with his life, Sciarra said.


"He is not contesting the fact that he made some mistakes," Sciarra said. "At the end of the day, we are looking forward to moving forward with his career."


On Thursday, the police department received notice of Sciarra's intent to file an appeal, said department spokesman Detective Lt. Anthony Traina. VanDerVelden will continue to perform his duties until the state makes a final ruling, Traina said.


VanDerVelden did not return a telephone call to his home Thursday seeking comment. Sciarra said the appeal will take at least a year to adjudicate.