| 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.
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