Reallocation of Technician MVC, CSC Docket No. 2019-1950

BackgroundThe Division of Agency Services (Agency Services) recommends the reallocation of the title of Technician MVC to the noncompetitive division of the career service on an interim basis.

By way of background, the instant request originated with the Motor Vehicle Commission (MVC). The MVC states that it must significantly adjust its operations in order to comply with federal mandates related to the REAL ID program, which imposes heightened standards for vetting and issuing identification and is expected to be implemented in the fall of 2019. Therefore, it anticipates that the implementation of the REAL ID program will cause a surge in volume at its agencies, as all driver’s license holders in the State will be required to visit an agency within a limited timeframe in order to obtain a REAL ID. In order to meet the federal obligations and deadlines, it must significantly increase staffing levels in the Technician MVC title and provide appointees with the requisite knowledge and skills through on-the-job training. Given this critical and immediate need to adjust its operations, the MVC contends that competitive testing is not practicable. Further, the MVC maintains that the existing eligible lists will not meet its needs for recruiting and filing all of the vacant positions in the subject title.

Based upon the foregoing, Agency Services recommends reallocating the title to the noncompetitive division on an interim basis for six months. Agency Services notes that on January 29, 2019, the MVC received a certification (OS190065) of two names from a regular reemployment list and a certification (PS190109) of two names from the PS5528T1 eligible list for the subject title. The certifications have disposition due dates of April 29, 2019 and have not yet been disposed of.

It is noted that pursuant to N.J.A.C. 4A:3-3.3(f) and N.J.A.C. 4A:3-1.2(e), Agency Services has notified the Communications Workers of America of its recommendation to place the Technician MVC title in the noncompetitive division on an interim basis. No comments were received.

CONCLUSION

RuleN.J.A.C. 4A:3-1.2(c) provides that a job title may be placed in the noncompetitive division on an ongoing or interim basis when it is determined that it is appropriate to make permanent appointments to the title, and that one or more of the following criteria are met:

1. Competitive testing is not practicable due to the nature of the knowledge, skills and abilities associated with the job;

Analysis2. Certification procedures based on ranked eligible lists have not or are not likely to meet the needs of appointing authorities due to such factors as salary, geographic location, recruitment problems and working conditions; or

3. There is a need for immediate appointments arising from a new legislative program or major agency reorganization.

Based on the record in this matter, interim noncompetitive status for the subject title is appropriate. However, because there are existing regular reemployment and promotional eligible lists for the subject title, it is not appropriate for such action to take effect until these lists are exhausted. The Commission notes that with interim noncompetitive status that will follow the exhaustion of these lists, N.J.A.C. 4A:3-1.2(g) provides at the end of the interim noncompetitive period, which shall be no greater than one year, the job title shall be redesignated as competitive. Individuals appointed during the interim noncompetitive period shall, upon successful completion of their working test periods, attain permanent status in the competitive division.

ORDER

Therefore, it is ordered that this request be granted and interim noncompetitive designations for the subject titles be effected for a six-month period. It is further ordered that such action be effective on the beginning of the first pay period following exhaustion of the regular reemployment list and the promotional (PS5528T) eligible lists for the subject title. At the end of this period, the subject title will be returned to the competitive division of the career service.

1 The PS5822T eligible list promulgated on August 2, 2018 and expires on August 1, 2021. The remaining eligibles’ names appeared on the January 29, 2019 certification.