42 N.J.R. 4(2) April 5, 2010 Filed February 25, 2010 CIVIL SERVICE CIVIL SERVICE COMMISSION Appeals, Discipline and Separations Law Enforcement Officer and Firefighter Removal Appeals Proposed Readoption: Amendments to N.J.A.C. 4A:2-2.5, 2.6, 2.8, 2.9, 2.10 and 2.12 Proposed Readoption: N.J.A.C. 4A:2-2.13 Authorized By: Civil Service Commission, Robert M. Czech, Chair/CEO. Authority: N.J.S.A. 11A:2-6(d) and 11A:2-13 et seq.; and P.L. 2009, c. 16 and P.L. 2008, c. 29. Calendar Reference: See Summary below for explanation of exception to calendar requirement. Proposal Number: PRN 2010-061. A public hearing concerning the proposed readoption will be held on: Tuesday, May 4, 2010 at 3:00 P.M. Civil Service Commission Room 44 South Clinton Avenue Trenton, New Jersey Please call Elizabeth Rosenthal at (609) 984-7140 if you wish to be included on the list of speakers. Submit written comments by June 4, 2010 to: Henry Maurer, Director Merit System Practices and Labor Relations Civil Service Commission P.O. Box 312 Trenton, New Jersey 08625-0312
21
Embed
Filed February 25, 2010 CIVIL SERVICE CIVIL SERVICE ...
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
42 N.J.R. 4(2) April 5, 2010
Filed February 25, 2010 CIVIL SERVICE
CIVIL SERVICE COMMISSION
Appeals, Discipline and Separations
Law Enforcement Officer and Firefighter Removal Appeals
Proposed Readoption: Amendments to N.J.A.C. 4A:2-2.5, 2.6, 2.8, 2.9, 2.10 and 2.12
Proposed Readoption: N.J.A.C. 4A:2-2.13
Authorized By: Civil Service Commission, Robert M. Czech, Chair/CEO.
Authority: N.J.S.A. 11A:2-6(d) and 11A:2-13 et seq.; and P.L. 2009, c. 16 and P.L. 2008, c. 29.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2010-061.
A public hearing concerning the proposed readoption will be held on:
Tuesday, May 4, 2010 at 3:00 P.M.
Civil Service Commission Room
44 South Clinton Avenue
Trenton, New Jersey
Please call Elizabeth Rosenthal at (609) 984-7140 if you wish to be included on the list
of speakers.
Submit written comments by June 4, 2010 to:
Henry Maurer, Director
Merit System Practices and Labor Relations
Civil Service Commission
P.O. Box 312
Trenton, New Jersey 08625-0312
The agency proposal follows:
Summary
P.L. 2009, c. 16, N.J.S.A. 40A:14-200 et seq., signed into law on March 5, 2009 and
effective on June 1, 2009, established a 180-day time limit for the appeal process for
terminations of certain law enforcement officers and firefighters. In compliance with N.J.S.A.
40A:14-208, the Civil Service Commission (Commission) adopted via a special adoption,
amendments and a new rule, which established appeal procedures under this new law. These
amendments and new rule are set to expire on July 1, 2010, the first day of the 13th month
following their effective date of June 1, 2009, in accordance with P.L. 2009, c. 16 (see 41 N.J.R.
2720(a), and the Commission now proposes to readopt the rules without change. Pursuant to
N.J.S.A. 52:14B-5.1c, the expiration date of the special adopted amendments and new rule is
extended 180 days to December 28, 2010. Although the law concerns law enforcement officers
and firefighters in both civil service and non-civil service jurisdictions, the Civil Service
Commission’s proposed readoption of the amendments and new rule would apply only to certain
law enforcement officers and firefighters employed in civil service jurisdictions.
A summary of the amendments and new rule proposed for readoption follows:
The amendments would provide a cross-reference to N.J.A.C. 4A:2-2.13, Removal
appeals of certain law enforcement officers and firefighters, in several existing rules: N.J.A.C.
4A:2-2.5, Opportunity for hearing before the appointing authority; 2.6, Hearings before the
appointing authority; 2.8, Appeals to Civil Service Commission (formerly Merit System Board);
2.9, Commission (formerly Board) hearings; 2.10, Back pay, benefits and seniority; and 2.12,
Counsel fees. These rule sections would also refer to the Civil Service Commission rather than
the Merit System Board, and the Chairperson or Chairperson’s designee rather than the
Commissioner or Commissioner’s designee, in accordance with P.L. 2008, c. 29.
N.J.A.C. 4A:2-2.13, sets forth the requirements established in P.L. 2009, c. 16, with
regard to the appeal process for certain civil service law enforcement officers and firefighters
who have been removed from employment. N.J.A.C. 4A:2-2.13(a) provides definitions of terms
used throughout the rule. In particular, it is noted that, for purposes of this rule, a law
enforcement agency would not include the Department of Law and Public Safety, although it
would include the Juvenile Justice Commission.
Subsection (b) covers a law enforcement officer’s or firefighter’s right to request a
departmental hearing regarding his or her removal. Subsection (c) sets forth the obligations of
the appointing authority with regard to issuance of the Final Notice of Disciplinary Action.
Subsection (d) concerns the time period within which the officer or firefighter must submit his or
her appeal after receiving the Final Notice. The rule specifies the officer’s or firefighter’s
obligation to simultaneously file the appeal with both the Civil Service Commission and the
Office of Administrative Law (OAL) within 20 days of receipt of the Final Notice, in accordance
with the new law at N.J.S.A. 40A:14-202(d). N.J.A.C. 4A:2-2.13(d) also states that the appeal
will be considered timely, so long as the appellant files the appeal during the required timeframe
with either the Commission or the OAL. However, as stated in the Law Enforcement Officer
and Firefighter Removal Appeal Form, in the N.J.A.C. 4A:2-2.13 Appendix, the appeal would
not be processed until such time as the appellant submits the form to both the Commission and
the OAL.
N.J.A.C. 4A:2-2.13(e) and (f) pertain to transmission of the administrative law judge’s
initial decision from the OAL to the Commission, and the Commission’s obligations to review
the initial decision and issue its own final administrative determination. Subsection (f) would
further set forth permissible timetables for extension of the time for the Commission to issue its
final administrative determination.
Subsections (g) and (h) contain the key requirement that the Commission must render its
final administrative determination within 180 calendar days from the date on which the officer or
firefighter was initially suspended without pay (except that the 180-day limit does not apply to
disciplinary charges related to a pending criminal investigation or to charges alleging conduct
that would constitute a violation of criminal law) and that, if the Commission does not render a
final decision within this timeframe, the appellant would begin receiving his or her base salary
again until the date on which the Commission renders its decision. Subsection (h) sets forth,
however, the 11 instances in which certain periods of time would not count toward the 180 days,
such as the period of time during which the appellant or his or her attorney or union
representative is granted a postponement of a hearing or other delay, and the period of time
during which the administrative law judge or the Commission, for good cause, postpones or
delays a hearing.
N.J.A.C. 4A:2-2.13(i) sets forth six special circumstances that may affect the receipt of
the appealing officer’s or firefighter’s base salary after the 180-day period. For example, if the
appellant or the appellant’s representative requests and is granted, or otherwise causes, the
postponement, adjournment or delay of a hearing, the appellant would not receive full pay during
this period of postponement, adjournment or delay.
Subsection (j) reflects the officer’s or firefighter’s obligation to reimburse the appointing
authority with the pay he or she has received during the period of appeal if the Commission or
(where applicable) the Superior Court, Appellate Division, affirms the appellant’s removal.
With regard to the Law Enforcement Officer and Firefighter Removal Appeal Form at
N.J.A.C. 4A:2-2.13 Appendix, appellants are urged to utilize this specific form. The contents of
this Form have been carefully prepared to ensure that the OAL and the Commission have the
information they need to expeditiously process removal appeals of law enforcement officers and
firefighters as intended by P.L. 2009, c. 16.
As the Commission has provided a 60-day comment period for this notice of proposal,
this notice is excepted from the rulemaking calendar requirements, pursuant to N.J.A.C. 1:30-
3.3(a)5.
Social Impact
The requirement that most removal appeals of law enforcement officers and firefighters
must be decided by the Commission within 180 days would ensure a prompt resolution of a large
number of major disciplinary appeals. To the extent that the 180-day period is extended for the
limited reasons provided in N.J.A.C. 4A:2-2.13(h), the duration of the Commission’s period of
review would lengthen, but still would likely be shorter than it was prior to enactment of P.L.
2009, c. 16. Therefore, appointing authorities and appellants affected by the law and
implementing rules would benefit from the certainty that the Commission would have to render a
final administrative agency determination within a foreseeable period of time.
Moreover, the 180-day provision in N.J.A.C. 4A:8-2.13(g) would require the appointing
authority to commence paying the employee his or her base salary (subject to certain limitations
set forth in subsection (i)), if the Commission is unable to meet the 180-day period, acting as an
incentive to the parties to move the matter along during its pendency.
It is further anticipated that subsections (b) through (d) would provide helpful guidance
regarding the procedures a law enforcement officer or firefighter must follow to file an appeal
under this section, thus reducing confusion and enhancing the timely processing of appeals.
N.J.A.C. 4A:2-2.13 Appendix, which contains the Law Enforcement Officer and Firefighter
Removal Appeal Form, would ensure that appellants affected by this section use the correct form
for their appeal, benefiting the employee, the appointing authority, the Civil Service Commission
and the Office of Administrative Law.
Economic Impact
Limiting the period within which a final administrative determination may be made by
the Commission regarding the removal appeals addressed in N.J.A.C. 4A:2-2.13 would save
public funds expended on the review of such appeals by the Commission and the Office of
Administrative Law. It would also serve to reduce expenditures on the part of appellants or their
collective negotiations representatives related to the appeal. It is acknowledged that, in the rare
instances in which the Commission is unable to render a final administrative decision within the
required time frame, the appointing authority would have to commence payment of the
appellant’s base salary, which would have a negative economic impact on the appointing
authority, while being a positive one for the employee. However, if the appellant ultimately wins
his or her appeal before the Commission or the Superior Court, Appellate Division, or if the
employee’s removal is modified to a six-month suspension or less, the appointing authority
would likely owe the employee that salary, anyway, subject to back pay procedures and
mitigation standards set forth in N.J.A.C. 4A:2-2.10. Additionally, if the employee loses his or
her appeal, the employee would be required to reimburse the appointing authority for any salary
paid.
Federal Standards Statement
A Federal standards analysis is not required because the amendments and new rule
proposed for readoption pertain to civil service employment in State and local government and
are not subject to any Federal standards or requirements.
Jobs Impact
It is not anticipated that the amendments and new rule proposed for readoption would
cause the generation or loss of jobs. The amendments and new rule govern major disciplinary
procedures for certain civil service employees.
Agriculture Industry Impact
It is not anticipated that the amendments and new rule proposed for readoption would
have any agriculture industry impact. The amendments and new rule govern major disciplinary
procedures for certain civil service employees.
Regulatory Flexibility Statement
A regulatory flexibility analysis is not required since the amendments and new rule proposed for
readoption would have no effect on small businesses as defined under the Regulatory Flexibility
Act, N.J.S.A. 52:14B-16 et seq. The amendments and new rule proposed for readoption would
regulate employment in the public sector.
Smart Growth Impact
It is not anticipated that the amendments and new rule proposed for readoption would
have any impact on the achievement of smart growth and the implementation of the State
Development and Redevelopment Plan as defined under Executive Order No. 4 (2002).
Housing Affordability Impact
Since the amendments and new rule concern employment in the public sector, the
amendments and new rule proposed for readoption would have no impact on the number of
housing units or the average cost of housing in New Jersey.
Smart Growth Development Impact
Since the amendments and new rule concern employment in the public sector, the
amendments and new rule proposed for readoption would have no impact on new construction
within Planning Areas 1 and 2, or within designated centers, under the State Development and
Redevelopment Plan.
Full text of the proposal follows (additions indicated in boldface thus; deletions
indicated in brackets [thus]):
(Agency Note: The text of N.J.A.C. 4A:2-2.5, 2.6, 2.8, 2.9, 2.10, 2.12 and 2.13
reproduced below depict the amendments and new rule proposed for readoption herein, which
were special adopted effective June 10, 2009.)
4A:2-2.5 Opportunity for hearing before the appointing authority
(a)-(c) (No change.)
(d) A departmental hearing, if requested, shall be held within 30 days of the Preliminary Notice
of Disciplinary Action unless waived by the employee or a later date as agreed to by the parties.
See N.J.A.C. 4A:2-2.13 for hearings regarding removal appeals by certain law enforcement
officers and firefighters.
(e) Appeals concerning violations of this section may be presented to the [Commissioner] Civil
Service Commission through a petition for interim relief. See N.J.A.C. 4A:2-1.2.
4A:2-2.6 Hearings before the appointing authority
(a)-(c) (No change.)
(d) Within 20 days of the hearing, or such additional time as agreed to by the parties, the
appointing authority shall make a decision on the charges and furnish the employee either by
personal service or certified mail with a Final Notice of Disciplinary Action. See N.J.A.C. 4A:2-
2.13 for the issuance of a Final Notice in removal appeals by certain law enforcement
officers and firefighters.
4A:2-2.8 Appeals to [Merit System Board] Civil Service Commission
(a) (No change.)
(b) If the appointing authority fails to provide the employee with a Final Notice of Disciplinary
Action, an appeal may be made directly to the [Board] Commission within a reasonable time.
(c)-(e) (No change.)
(f) See N.J.A.C. 4A:2-2.13 for removal appeals by certain law enforcement officers and
firefighters.
4A:2-2.9 [Board] Commission hearings
(a) Requests for a [Board] Commission hearing will be reviewed and determined by the
[Commissioner or Commissioner's] Chairperson or the Chairperson's designee.
(b) Major discipline hearings will be heard by the [Board] Commission or referred to the Office
of Administrative Law for hearing before an administrative law judge, except that an appeal by
certain law enforcement officers or firefighters of a removal shall be heard as provided in
N.J.A.C. 4A:2-2.13. Minor discipline matters will be heard by the [Board] Commission or
referred to the Office of Administrative Law for a hearing before an administrative law judge for
an employee's last suspension or fine for five working days or less where the aggregate number
of days the employee has been suspended or fined in a calendar year, including the last
suspension or fine, is 15 working days or more, or for an employee's last suspension or fine
where the employee receives more than three suspensions or fines of five working days or less in
a calendar year. See N.J.A.C. 1:1 for OAL hearing procedures.
1. Where an employee has pled guilty to or been convicted of a crime or offense which is cause
for forfeiture of employment under N.J.S.A. 2C:51-2, but the court has not issued an order of
forfeiture, the [Board] Commission shall not refer the employee's appeal for a hearing regarding
the applicability of N.J.S.A. 2C:51-2 nor make a determination on that issue. See N.J.A.C. 4A:2-
2.7.
2. Where a court has entered an order of forfeiture, and the appointing authority has so notified
the employee, but the employee disputes whether an order of forfeiture was actually entered, the
[Board] Commission may make a determination on the issue of whether the order was actually
entered. See N.J.A.C. 4A:2-2.7.
3. Notwithstanding (b)1 and 2 above, the [Board] Commission may determine whether an
individual must be discharged from a State or local government position due to a permanent
disqualification from public employment based upon the prior conviction of a crime or offense
involving or touching on a previously held public office or employment, provided, however, that
the Attorney General or county prosecutor has not sought or received a court order waiving the
disqualification provision. See N.J.S.A. 2C:51-2(d) and (e).
(c) The [Board] Commission may adopt, reject or modify the recommended report and decision
of an administrative law judge. Copies of all [Board] Commission decisions shall be served
personally or by regular mail upon the parties.
(d) The [Board] Commission may reverse or modify the action of the appointing authority,
except that removal shall not be substituted for a lesser penalty.
4A:2-2.10 Back pay, benefits and seniority
(a) Where a disciplinary penalty has been reversed, the [Board] Commission shall award back
pay, benefits, seniority or restitution of a fine. Such items may be awarded when a disciplinary
penalty is modified.
(b)-(c) (No change.)
(d) Back pay shall include unpaid salary, including regular wages, overlap shift time, increments
and across-the-board adjustments. Benefits shall include vacation and sick leave credits and
additional amounts expended by the employee to maintain his or her health insurance coverage
during the period of improper suspension or removal.
1.-4. (No change.)
5. An employee shall not be required to mitigate back pay for any period between the issue date
of a [Merit System Board] Civil Service Commission decision reversing or modifying a
removal or reversing an indefinite suspension and the date of actual reinstatement. The award of
back pay for this time period shall be reduced only by the amount of money that was actually
earned during that period, including any unemployment insurance benefits received.
6. Should a [Merit System Board] Civil Service Commission decision reversing or modifying a
removal or reversing an indefinite suspension subsequently be stayed, an individual shall be
required to mitigate an award of back pay from the date of the stay through the date of actual
reinstatement, in accordance with (d)4i through v above.
7.-10. (No change.)
(e) (No change.)
(f) When the [Board] Commission awards back pay and benefits, determination of the actual
amounts shall be settled by the parties whenever possible.
(g) If settlement on an amount cannot be reached, either party may request, in writing, [Board]
Commission review of the outstanding issue. In a [Board] Commission review:
1. The appointing authority shall submit information on the salary the employee was earning at
the time of the adverse action, plus increments and across-the-board adjustments that the
employee would have received during the separation period; and
2. The employee shall submit an affidavit setting forth all income received during the
separation.
(h) See N.J.A.C. 4A:2-2.13 for situations in which certain law enforcement officers or
firefighters have appealed a removal that has been reversed or modified.
4A:2-2.12 Counsel fees
(a) The [Merit System Board] Civil Service Commission shall award partial or full reasonable
counsel fees incurred in proceedings before it and incurred in major disciplinary proceedings at
the departmental level where an employee has prevailed on all or substantially all of the primary
issues before the [Board] Commission.
(b) When the [Board] Commission awards counsel fees, the actual amount shall be settled by
the parties whenever possible.
(c)-(e) (No change.)
(f) Counsel fees incurred in matters at the departmental level that do not reach the [Merit System
Board] Civil Service Commission on appeal or are incurred in furtherance of appellate court
review shall not be awarded by the [Board] Commission.
(g)-(h) (No change.)
(i) If settlement on an amount cannot be reached, either party may request, in writing, [Board]
Commission review.
(j) See N.J.A.C. 4A:2-2.13 for situations in which certain law enforcement officers or
firefighters have appealed a removal.
4A:2-2.13 Removal appeals of certain law enforcement officers and firefighters
(a) For purposes of this section:
1. "Law enforcement officer" or "officer" is defined as an individual employed as a
permanent, full-time member of a State, county, or municipal law enforcement agency who
is statutorily empowered to act for the detection, investigation, arrest, conviction,
detention, or rehabilitation of persons violating the criminal laws of this State and
statutorily required to successfully complete a training course approved by, or certified as
substantially equivalent to such an approved course, by the Police Training Commission.
See N.J.S.A. 52:17B-66 et seq. With the exception of the Juvenile Justice Commission,
which is covered by this definition, the Department of Law and Public Safety shall not be
considered a law enforcement agency for purposes of this definition.
2. "Firefighter" is defined as a full-time, paid firefighter employed by a public fire
department as provided in N.J.S.A. 40A:14-200.
3. "Appellant" refers to a "law enforcement officer" or "firefighter" as defined in (a)1 and
2 above.
4. "Removal," "removal date," "and "removal effective date" shall mean the first date on
which the law enforcement officer or firefighter is separated from employment without
pay.
(b) If the law enforcement officer or firefighter requests a departmental hearing regarding
his or her removal in accordance with N.J.A.C. 4A:2-2.5, the appointing authority shall
conduct a hearing within 30 days of the removal's effective date, unless:
1. The officer or firefighter agrees to waive his or her right to the hearing; or
2. The officer or firefighter and the appointing authority agree to an adjournment of the
hearing to a later date.
(c) The appointing authority shall issue a Final Notice of Disciplinary Action within 20
days of the hearing and serve the Final Notice to the appellant either by personal service or
certified mail. If the appointing authority does not hold a hearing as required in (b) above,
the appointing authority shall issue a Final Notice within 30 days of the removal effective
date.
(d) The officer or firefighter shall have 20 days from the date of receipt of the Final Notice
to appeal the removal. Receipt of the Final Notice on a different date by the appellant's
attorney or negotiations representative shall not affect this appeal period. If the appellant
does not receive the Final Notice as required by (c) above, he or she shall file an appeal of
removal within a reasonable time. The officer or firefighter shall file the appeal
simultaneously with the Office of Administrative Law and the Civil Service Commission
using the Law Enforcement Officer and Firefighter Removal Appeal Form in the Appendix
to this section. If the appellant files an appeal within 20 days of receipt of the Final Notice
with the Civil Service Commission but not with the Office of Administrative Law, or the
appellant files an appeal within 20 days of receipt of the Final Notice with the Office of
Administrative Law but not with the Commission, the appeal shall still be considered
timely. However, if the appellant fails to submit the appeal within 20 days to either the
Office of Administrative Law or the Commission, the appeal shall be considered untimely
and the Commission shall dismiss the appeal. See N.J.A.C. 1:4B for processing of the
appeal at the Office of Administrative Law.
(e) Once the administrative law judge at the Office of Administrative Law who is presiding
over an officer or firefighter's removal appeal renders an initial decision, the Office of
Administrative Law shall immediately transmit the decision to the Commission for review.
(f) The Commission shall complete its review and issue its final administrative
determination regarding the appellant's removal appeal within 45 days of the
Commission's receipt of the administrative law judge's initial decision. If the Commission
does not issue its final administrative determination within 45 days, the administrative law
judge's initial decision shall be deemed the final administrative determination, except that
the Commission may, at its discretion, extend its review period by no more than an
additional 15 days. If the Commission does not issue a final administrative determination
by the end of the additional 15-day period, the administrative law judge's initial decision
shall be deemed the final administrative determination, unless, for good cause, the
Chairperson of the Commission provides a signed order of extension to the Director of the
Office of Administrative Law and serves copies on all affected parties.
(g) The Commission's final administrative determination shall be rendered within 180
calendar days from the date on which the officer or firefighter was initially suspended
without pay, except that:
1. This 180-day limit shall not apply to disciplinary charges related to a pending criminal
investigation, nor to disciplinary charges which allege conduct that would constitute a
violation of criminal law and which seek removal from employment. See N.J.S.A. 40A:14-
201(a).
(h) If the Commission fails to render a final administrative determination of an appeal of
an officer's or firefighter's removal from employment within the required 180 days, the
appellant shall begin receiving the base salary that he or she was receiving at the time of his
or her removal and shall continue to receive such salary until the Commission renders a
final administrative determination, provided, however, that the following days shall not be
counted toward the 180-day period:
1. The period between the date of removal and the date on which the officer or firefighter
requests a departmental hearing;
2. The period of agreed-upon adjournment of a departmental hearing;
3. The period between the date of removal and the date on which the appellant appeals a
Final Notice of Disciplinary Action with the Office of Administrative Law and the Civil
Service Commission;
4. If applicable, the gap in time between the date of timely filing of an appeal with the
Office of Administrative Law and the date of filing of the appeal with the Civil Service
Commission;
5. If applicable, the gap in time between the date of timely filing with the Civil Service
Commission and the date of filing of the appeal with the Office of Administrative Law;
6. The period of time for which appellant or his or her attorney or negotiations
representative requests and is granted postponement of a hearing or other delay;
7. The period of time during which the appellant or his or her attorney or negotiations
representative causes by his or her actions a postponement, adjournment or delay of a
hearing;
8. The period of time for which the appellant or his or her attorney or negotiations
representative agrees with the appointing authority to a postponement or delay of a
hearing;
9. The period of time during which the administrative law judge or the Civil Service
Commission, for good cause, postpones or delays a hearing;
10. The period of time for which the administrative law judge has been granted an
extension for filing an initial decision in accordance with N.J.A.C. 1:1-18.8; and
11. The period of time for which the Commission has extended its period of review of the
administrative law judge's initial decision in accordance with (f) above.
(i) The following are special circumstances which may affect the receipt of the appealing
officer's or firefighter's base salary after the 180-day period:
1. If the appellant or the appellant's representative requests and is granted, or otherwise
causes by his or her actions, the postponement, adjournment, or delay of a hearing, the
appellant shall not receive full pay during the period of postponement, adjournment, or
delay of a hearing.
2. The appellant shall not continue to receive his or her base salary if the administrative
law judge's initial decision recommends that the appellant's appeal be denied, unless and
until such time as the Civil Service Commission renders a final administrative decision
rejecting the administrative law judge's recommendation and ordering the appellant's
reinstatement to employment.
3. If the administrative law judge's initial decision recommends reversal of the removal, or
that the officer or firefighter receive discipline other than removal, the appellant shall
receive his or her base salary on the date provided in the administrative law judge's initial
decision, provided, however, that if the appellant is already receiving his or her base salary
at the time of the administrative law judge's initial decision, the appellant shall continue to
receive such base salary.
4. If the Civil Service Commission grants the officer's or firefighter's appeal, the
appointing authority shall immediately reinstate the appellant to employment, and the
appellant shall receive his or her base salary, as well as, within 60 days of the issuance of
the Commission's decision, all back pay, benefits, seniority, and counsel fees that may be
due in accordance with N.J.A.C. 4A:2-2.10 and 2.12.
5. If the officer or firefighter appeals a Civil Service Commission decision upholding his or
her removal to the Superior Court, Appellate Division, the appellant shall not be entitled to
receive his or her base salary.
6. If the appointing authority appeals the Civil Service Commission decision to the
Superior Court, Appellate Division, the officer or firefighter shall continue to receive his or
her base salary during the pendency of the appeal.
(j) The following relates to an officer's or firefighter's obligation to reimburse his or her
base salary to the appointing authority:
1. If the Civil Service Commission denies the officer's or firefighter's appeal, the appellant
shall reimburse the appointing authority all pay he or she has received during the period of
appeal. If the officer or firefighter fails to do so, the appointing authority may have a lien
for the amount owed on any and all property and income to which the appellant has or will
have an interest in, in accordance with N.J.S.A. 40A:14-205(b).
2. If the appellate court affirms the appointing authority's removal of the officer or
firefighter, the appellant shall reimburse the appointing authority for all pay he or she has
received during the period of appeal. If the officer or firefighter fails to do so, the
appointing authority may have a lien for the amount owed on any and all property and
income to which the appellant has or will have an interest in, in accordance with N.J.S.A.