Sergio Bichao

@sbichao

Patrolman Victor Aravena was charged in March with criminal conspiracy.

Judge says crime is not serious enough to warrant unpaid suspension.

Other officers face criminal charges as well.

Mayor Thomas Lankey described the order as a setback in his administration’s effort to clean the scandal-plagued and litigious department’s “tarnished imaged.”

EDISON – It may not seem fair, as township officials argue, that a suspended cop facing criminal charges can sit at home while collecting a paycheck, but it’s the law.

A Superior Court judge has ordered the township to continue paying a police officer who was suspended after he was charged with criminal conspiracy, because the charges are not serious enough to warrant an immediate unpaid suspension.

The ruling on Monday by Superior Court Judge James Hurley was welcomed by Edison PBA Local 75, which had filed the lawsuit, but derided by Mayor Thomas Lankey, who described the order as a setback in his administration’s effort to clean the scandal-plagued and litigious department’s “tarnished image.”

Patrolman Victor Aravena was charged with Lt. William Gesell in March of conspiring with another alleged bad cop in Edison, Michael Dotro, to retaliate against a North Brunswick police officer who had arrested a relative of Dotro.

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 that the law only allows 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Union lawyer David DeFillippo said a “high misdemeanor” is an outdated term referring to third-degree crimes or worse, but Avarena only was charged with a fourth-degree offense.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 separate superior officers’ union.

Lankey said Friday that his administration is considering whether to 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 on five charges of attempted murder and charges of aggravated arson in connection to 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 blackjack in his police duty bag.

Dotro’s wife was indicted on charges of covering up for her husband.

Staff Writer Sergio Bichao: 908-243-6615; sbichao@mycentraljersey.com