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.

40A:14-206(b).

APPENDIX