In Oches v. Township of Middletown Police Dept, 155 N.J. 1, 713 A.2d 993 (1998), the New Jersey Supreme Court considered this regulation, N.J.A.C. 4A:2-2.12, and its interplay with the mandatory reimbursement statute, N.J.S.A. 40A:14-155. The Court determined that N.J.S.A. 40A:14-155 provides a "guaranty of counsel fee reimbursement when disciplinary or criminal charges, arising out of the lawful exercise of police powers in furtherance of official duties, are dismissed or resolved in favor of an officer." 155 N.J. at 9, 713 A.2d 993. The statute was said not to apply to "police officers exonerated of charges arising from acts that occur in the course of performing official duties but that do not constitute acts in furtherance of official duties, or charges arising merely from a person's status as a police officer." Id. at 11, 713 A.2d 993. The Court added, however, that N.J.S.A. 40A:14-155 did not exhaust the situations or factual scenarios in which a police officer could be reimbursed for counsel fees incurred in defense of a disciplinary charge. Ibid. As noted by the Court: "Disciplinary charges may be filed against a police officer for conduct that, because of its context, necessarily does not arise out of and directly relate to the lawful exercise of police powers in furtherance of official duties, but is nevertheless not a dereliction of duty." Id. at 10, 713 A.2d 993. The Court determined that N.J.S.A. 11A:2-22, which authorizes the Merit System Board in reviewing disciplinary charges to award "back pay, benefits, seniority and reasonable attorneys fees as provided by rule," covers the latter category of cases. The Court thus concluded that N.J.A.C. 4A:2-2.12, which was promulgated pursuant to N.J.S.A. 11A:2-22, was intended to apply in cases where the disciplinary or criminal charges do not arise out of the employee's "lawful exercise of powers in furtherance of official duties." Id. at 10, 713 A.2d 993.