NJ Civil Service Navigator

N.J.A.C. 4A:2-2.7 Actions involving criminal matters

N.J.A.C. 4A:2-2.7, Actions involving criminal matters. When an appointing authority suspends an employee based on a pending criminal complaint or indictment, the employee must be served with a Preliminary Notice Full text with 6 recorded amendments, 90 citing decisions, cited by 3 other rules.

Appeals, Discipline, and Separations · Major Discipline

Current through New Jersey Register, Vol. 58 No. 14, July 20, 2026. Reviewed as of July 26, 2026.

This is an annotated mirror, not the official publication. Verify against the Civil Service Commission before relying on it.

In plain language

What happens to the job while a criminal charge is pending. Suspension still requires a Preliminary Notice of Disciplinary Action, and that notice should tell you N.J.S.A. 2C:51-2 may apply and that you may want to talk to a lawyer about it, because that statute governs forfeiture of public employment on conviction. You have five days from receiving the notice to request a departmental hearing, or longer if the appointing authority agrees or a negotiated agreement provides for it. The hearing is narrow. It decides one question only: whether the public interest is better served by suspending you until the criminal matter is resolved, judged by whether you are unfit for duty, a hazard to somebody, or whether suspension is needed to maintain safety, health, order or effective direction of public services. It is not a hearing about guilt.

Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:2-2.7. It is a description of the rule, not the rule itself, and not legal advice.

(a) When an appointing authority suspends an employee based on a pending criminal complaint or indictment, the employee must be served with a Preliminary Notice of Disciplinary Action. The notice should include a statement that N.J.S.A. 2C:51-2 may apply to the employee, and that the employee may choose to consult with an attorney concerning the provisions of that statute. #

1. The employee may request a departmental hearing within five days of receipt of the Notice. If no request is made within this time, or such additional time as agreed to by the appointing authority or as provided in a negotiated agreement, the appointing authority may then issue a Final Notice of Disciplinary Action under (a)3 below. A hearing shall be limited to the issue of whether the public interest would best be served by suspending the employee until disposition of the criminal complaint or indictment. The standard for determining that issue shall be whether the employee is unfit for duty or is a hazard to any person if permitted to remain on the job, or that an immediate suspension is necessary to maintain safety, health, order, or effective direction of public services. #

2. The appointing authority may impose an indefinite suspension to extend beyond six months where an employee is subject to criminal charges as set forth in N.J.A.C. 4A:2-2.5(a)2, but not beyond the disposition of the criminal complaint or indictment. #

i. Where an employee who has been indefinitely suspended enters Pre-Trial Intervention (PTI) or has received a conditional discharge, the criminal complaint or indictment shall not be deemed disposed of until completion of PTI or until dismissal of the charges due to the employee's satisfaction of the conditions in a conditional discharge, as the case may be. #

ii. An appointing authority may continue an indefinite suspension until completion of PTI or until satisfaction of the conditions imposed in a conditional discharge. If an appointing authority chooses not to continue an indefinite suspension during the PTI period or during the period of conditional discharge, it may restore the employee to employment or initiate disciplinary action against the employee. #

3. Where the appointing authority determines that an indefinite suspension should be imposed, a Final Notice of Disciplinary Action shall be issued stating that the employee has been indefinitely suspended pending disposition of the criminal complaint or indictment. #

(b) When a court has entered an order of forfeiture pursuant to N.J.S.A. 2C:51-2, the appointing authority shall notify the employee in writing of the forfeiture and record the forfeiture in the employee's personnel records. The appointing authority shall also forward a copy of this notification to appropriate Civil Service Commission staff. #

1. If the criminal action does not result in an order of forfeiture issued by the court pursuant to N.J.S.A. 2C:51-2, the appointing authority shall issue a second Preliminary Notice of Disciplinary Action specifying any remaining charges against the employee upon final disposition of the criminal complaint or indictment. The appointing authority shall then proceed under N.J.A.C. 4A:2-2.5 and 2.6. #

(c) Where an employee has pled guilty or been convicted of a crime or offense that is cause for forfeiture of employment under N.J.S.A. 2C:51-2 but the court has not entered an order of forfeiture, the appointing authority may seek forfeiture by applying to the court for an order of forfeiture. The appointing authority shall not hold a departmental hearing regarding the issue of the applicability of N.J.S.A. 2C:51-2. If the court declines to enter an order of forfeiture in response to the appointing authority's application, the appointing authority may hold a departmental hearing regarding other disciplinary charges, if any, as provided in (b)1 above. #

Amendment history

Rule numbers, effective dates and New Jersey Register citations as published. 6 recorded changes.

  1. AmendedR.2015 d.186
    47 N.J.R. 1689(a); 47 N.J.R. 2966(a)
  2. AmendedR.2006 d.271
    37 N.J.R. 4345(a); 38 N.J.R. 3016(b)
  3. AmendedR.2000 d.433
    32 N.J.R. 2275(a); 32 N.J.R. 3870(a)
  4. AmendedR.1992 d.414
    24 N.J.R. 2491(a); 24 N.J.R. 3716(a)
  5. AmendedR.1989 d.569
    21 N.J.R. 1766(a); 21 N.J.R. 3448(b)
  6. date not statedPublic notice
    29 N.J.R. 5333(a)

How this rule has been applied

90 decisions have cited N.J.A.C. 4A:2-2.7. The list below is citations to those decisions, not the decisions. The summary above is ours, written from the opinion after reading it. Nothing here is legal advice.

Decisions we have read

Moore v. Youth Correctional Institute at Annandale119 N.J. 256, June 12, 1990

A corrections officer who had just won reinstatement drove to his supervisor's house, revved his engine on the lawn and phoned him with a threat, and was convicted in municipal court of harassment, a petty disorderly persons offence. Corrections treated the conviction as a forfeiture of his job and the Supreme Court agreed. What matters is not whether the offence happened at work or on work time but whether it involved or touched the job, which is judged by how grave the conduct was and what the position demands. A minor conviction well away from the workplace can still end a career if it makes the person's continued service look inconsistent with the trustworthiness the role requires.

Read the opinion (free, via CourtListener). Summary written from the decision, checked July 26, 2026.

New Jersey Supreme Court (3)
  • 142 N.J. 449; 663 A.2d 1356
  • 119 N.J. 256; 574 A.2d 983
  • 119 N.J. 256; 574 A.2d 983
Superior Court (1)
  • State v. Lee258 N.J.Super. 313; 609 A.2d 513
Civil Service Commission final determinations (72)
  • In re S.J., Boonton, CSC Docket No. 2025-24262025 N.J. CSC LEXIS 253Docket 2025-2426
  • In re S.J., Boonton, CSC Docket No. 2025-24262025 N.J. CSC LEXIS 253Docket 2025-2426
  • In re Fuller, Paterson, CSC Docket No. 2024-14412024 N.J. CSC LEXIS 200Docket 2024-1441
  • In re Ruiz, City of Perth Amboy, Dep't of Pub. Safety, CSC Docket No. 2021-14862021 N.J. CSC LEXIS 200Docket 2021-1486
  • FNDA. In re Nace, Warren Cnty., CSC Docket No. 2021-11042021 N.J. CSC LEXIS 134Docket 2021-1104
  • In re Blount, et al., Newark, CSC Docket Nos. 2021-391, et al. (Consolidated)2020 N.J. CSC LEXIS 1028Docket 2021-391
  • In re Nieves, Lawrence Twp., CSC Docket No. 2021-072020 N.J. CSC LEXIS 937Docket 2021-07
  • PNDA. In re Graves, Newark, CSC Docket No. 2019-19742019 N.J. CSC LEXIS 173Docket 2019-1974
  • In re Williams, Newark, CSC Docket No. 2018-28782018 N.J. CSC LEXIS 776Docket 2018-2878
  • In re Raciti, Middlesex Cnty., CSC Docket No. 2018-37112018 N.J. CSC LEXIS 612Docket 2018-3711
  • In re Miles, City of Newark Police Dep't, CSC DKT. Nos. 2015-244 & 2015-816 (CONSOLIDATED)2018 N.J. CSC LEXIS 286
  • PNDA. In re Galan, Passaic Cnty. Sheriff's Office, CSC Docket No. 2018-19822018 N.J. CSC LEXIS 123Docket 2018-1982
  • In re Cardona-Malatino, Camden Cnty. Police, CSC Docket No. 2018-18342018 N.J. CSC LEXIS 122Docket 2018-1834
  • In re Graves, City of Newark, CSC Dkt. No. 2017-5122017 N.J. CSC LEXIS 127
  • In re Reyes, CSC Docket No. 2016-15352015 N.J. CSC LEXIS 164Docket 2016-1535
  • In re Boelhower, Woodbridge Fire Dist. # 1, CSC Docket No. 2014-22982014 N.J. CSC LEXIS 568Docket 2014-2298
  • In re Dennis McReynolds, Atlantic City, CSC Dkt. No. 2013-31172013 N.J. CSC LEXIS 583
  • Christian v. Department of Corrections, Northern State Prison97 N.J.A.R.2d (CSV) 636
  • Pickett v. Department of Corrections97 N.J.A.R.2d (CSV) 546
  • Nelsen v. East Jersey State Prison97 N.J.A.R.2d (CSV) 347
  • Reinhardt v. East Jersey State Prison97 N.J.A.R.2d (CSV) 166
  • Hargrove v. State Operated School District of Newark97 N.J.A.R.2d (CSV) 112
  • Auberzinsky v. Cumberland County Sheriff's Department96 N.J.A.R.2d (CSV) 372
  • Furde v. Hamilton Township Department of Public Works96 N.J.A.R.2d (CSV) 262
  • Spellman v. Township of Parsippany-Troy Hills Police Department96 N.J.A.R.2d (CSV) 214
  • Melillo v. Department of Corrections, East Jersey State Prison96 N.J.A.R.2d (CSV) 184
  • Scott v. Burlington County Jail96 N.J.A.R.2d (CSV) 171
  • Turner v. State-Operated School District of the City of Newark96 N.J.A.R.2d (CSV) 146
  • Dunns v. Department of Corrections96 N.J.A.R.2d (CSV) 108
  • Alsheimer v. County of Middlesex96 N.J.A.R.2d (CSV) 7
  • Ricks v. Department of Corrections95 N.J.A.R.2d (CSV) 441
  • Washington v. Division of Motor Vehicles95 N.J.A.R.2d (CSV) 336
  • Nagy v. Borough of Carteret95 N.J.A.R.2d (CSV) 224
  • Curry v. Burlington County Jail95 N.J.A.R.2d (CSV) 92
  • State Department of Corrections v. Gomez95 N.J.A.R.2d (CSV) 77
  • Abdunafi v. East Jersey State Prison. 94 N.J.A.R.2d (CSV) 653.94 N.J.A.R.2d (CSV) 653
  • DeLeone v. Essex County94 N.J.A.R.2d (CSV) 544
  • Hudson County v. Seinfeld94 N.J.A.R.2d (CSV) 516
  • Lordi v. Woodbridge Township94 N.J.A.R.2d (CSV) 540
  • City of Bayonne Department of Public Works v. Timoldi94 N.J.A.R.2d (CSV) 511
  • Gonzalez v. Essex County Welfare Board94 N.J.A.R.2d (CSV) 451
  • Roman v. Atlantic City Police Department94 N.J.A.R.2d (CSV) 250
  • Coxson v. Newark Board of Education94 N.J.A.R.2d (CSV) 129
  • Grillo v. Bergen Pines County Hospital94 N.J.A.R.2d (CSV) 81
  • Walcott v. City of Plainfield94 N.J.A.R.2d (CSV) 65
  • Walcott v. City of Plainfield94 N.J.A.R.2d (CSV) 65
  • Jersey City Welfare Board v. Miller94 N.J.A.R.2d (CSV) 55
  • Greystone Park Psychiatric Hospital94 N.J.A.R.2d (CSV) 14
  • Bryson v. Division of Motor Vehicles94 N.J.A.R.2d (CSV) 1
  • Gillard v. Trenton Psychiatric Hospital93 N.J.A.R.2d (CSV) 730
  • Martin v. North Princeton Developmental Center93 N.J.A.R.2d (CSV) 675
  • Lehman v. Woodbridge Township Police Department93 N.J.A.R.2d (CSV) 599
  • Vengenock v. Salem County93 N.J.A.R.2d (CSV) 558
  • Turner v. Department of Higher Education93 N.J.A.R.2d (CSV) 440
  • Williams v. Marlboro Psychiatric Hosp., State Dept. of Human Services93 N.J.A.R.2d (CSV) 421
  • Williams v. Marlboro Psychiatric Hospital93 N.J.A.R.2d (CSV) 421
  • McCray v. Department of the Treasury93 N.J.A.R.2d (CSV) 363
  • Hickman v. Marlboro Psychiatric Hospital93 N.J.A.R.2d (CSV) 356
  • Simeone v. Woodbridge Township Department of Public Works93 N.J.A.R.2d (CSV) 340
  • Rivera v. New Jersey Training School for Boys--Jamesburg93 N.J.A.R.2d (CSV) 219
  • Watkins v. Bergen Pines County Hospital92 N.J.A.R.2d (CSV) 768
  • Coleman v. Dept. of Public Works, Borough of Ringwood92 N.J.A.R.2d (CSV) 510
  • Alton v. Newark Board of Education92 N.J.A.R.2d (CSV) 478
  • Moore v. Division of Youth and Family Services92 N.J.A.R.2d (CSV) 433
  • Starling v. Essex County Citizen Services, Division of Welfare92 N.J.A.R.2d (CSV) 431
  • Beck v. City of Trenton92 N.J.A.R.2d (CSV) 411
  • Rivera v. City of Bridgeton92 N.J.A.R.2d (CSV) 311
  • Smith v. Essex County Judiciary92 N.J.A.R.2d (CSV) 271
  • Naro v. The Fire Division of the Department of Public Safety of the City of Trenton92 N.J.A.R.2d (CSV) 211
  • Kovalak v. New Jersey State Department of Education97 N.J.A.R.2d (EDU) 456
  • In the Matter of the Tenure Hearing of Robert R. Vitacco97 N.J.A.R.2d (EDU) 449
  • Griffin v. Board of Education of the City of Paterson93 N.J.A.R.2d (EDU) 882
Office of Administrative Law initial decisions (14)
  • In re Rivera, Essex Cnty. Dep't of Corrs.2018 N.J. AGEN LEXIS 397
  • Villalobos v. N.J. State Parole Bd.2016 N.J. AGEN LEXIS 813Docket CSR 07880-15
  • In re Lavin, Mercer Cnty. Sheriff's Dep't2015 N.J. AGEN LEXIS 641Docket CSV 00977-14
  • In re Noseworthy2010 N.J. AGEN LEXIS 691Docket CSR 12158-09
  • In re Paul Drayton, City of Newark2008 N.J. AGEN LEXIS 1547Docket CSV03780-08
  • In re Mandi2008 N.J. AGEN LEXIS 559Docket CSV 4824-07
  • In re Halpern2008 N.J. AGEN LEXIS 516Docket CSV 7414-07
  • In re Nemes2008 N.J. AGEN LEXIS 522Docket CSV 8464-00
  • In re Veronelli2007 N.J. AGEN LEXIS 1023Docket CSV 3881-07
  • Office of Administrative Law. In re Ferreira, Union Cnty., OAL Docket No. CSV 3771-022007 N.J. AGEN LEXIS 1314
  • In re Ferreira, Union Cty. Dep't of Public Safety2007 N.J. AGEN LEXIS 1305Docket CSV3771-02
  • In re Mangual2006 N.J. AGEN LEXIS 1110Docket CSV 4032-06
  • In re Smith2006 N.J. AGEN LEXIS 1100Docket CSV 2147-05
  • In re Love2006 N.J. AGEN LEXIS 1102Docket CSV 2232-04

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