Actions involving criminal matters

When an employee is suspended because of a pending criminal complaint or indictment, the Preliminary Notice must note that the forfeiture-of-office statute may apply. The appointing authority can impose an indefinite suspension that runs past six months, but not beyond the disposition of the criminal case. The section also covers what happens when a court enters, or declines to enter, an order of forfeiture.

Key points, as written in the regulation^[1]

• 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 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.