Fire Prevention Specialist, CSC Docket No. 2019-1953

BackgroundThe Division of Agency Services (Agency Services) recommends the reallocation of the Fire Prevention Specialist title to the noncompetitive division of the career service.

AnalysisIn this matter, Agency Services indicates that reallocating the Fire Prevention Specialist title to the noncompetitive division will provide local jurisdictions with the flexibility needed to meet their staffing needs. Agency Services presents that the Fire Prevention Specialist title requires only certification as a Fire Inspector issued by the Department of Community Affairs. No education or prior experience is required for appointment to the title. This being the case, Agency Services believes that the possession of the Fire Inspector certification demonstrates that the candidate has the requisite knowledge, skills and abilities to perform the duties of the position and has successfully met the requirements necessary to qualify for the title. Further, the appointing authority will be responsible for verifying the appointee’s certification status. Additionally, Agency Services indicates that there are two additional levels to this title series, Senior and Supervising, which are competitive division titles. Therefore, to allow for a smooth promotional path from the subject title, it would designate the Senior level as an approved noncompetitive to competitive promotional opportunity.

As a result, the title has been identified as appropriate for the noncompetitive division pursuant to N.J.A.C. 4A:3-1.2, which states, in part, that the Civil Service Commission (Commission) may reallocate titles from the competitive to the noncompetitive division when competitive testing is not practicable due to the nature of the knowledge, skills, and abilities associated with the job or when 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.

Agency Services advises that any existing eligibility lists for these titles and any current announcements for which exams have not been administered will be cancelled upon successful completion of the reallocation process. Further, local agencies wishing to do so may recruit and appoint from cancelled lists which have not technically expired. However, resulting appointments will be recorded as permanent in the noncompetitive division. Appointment types for existing employees in these titles as of the effective date will be handled in accordance with N.J.A.C. 4A:3-1.2(f), which states:

(f) When a job title is reallocated from the competitive to noncompetitive division, the Commission’s decision shall specify an effective date for reallocation.

1. Permanent employees in that title as of the effective date shall have their appointment types changed to RAN and shall retain their permanent status un the noncompetitive division.

2. Probationary employees in that title as of the effective date shall continue serving their working test periods and, upon successful completion, attain permanent status in the noncompetitive division.

3. Provisional employees who remain in that title as of the effective date shall receive regular appointments and begin serving their working test periods on the effective date.

Agency Services advises that local appointing authorities with incumbents in these titles have been notified of its plans to reallocate and no objections have been articulated. Finally, it requests that the changes specified in this title reallocation become effective beginning on the first pay period following Commission approval of these actions.

Based on the foregoing, ample reason exists for the reallocation of the proposed title to the noncompetitive division of the career service. The title only requires certification as a Fire Inspector issued by the Department of Community Affairs. No education or prior experience is required for appointment to the title. This being the case, the possession of the Fire Inspector certification demonstrates that the candidate has the requisite knowledge, skills and abilities to perform the duties of the position and has successfully met the requirements necessary to qualify for the title. Therefore, competitive testing is impracticable for this title.

ORDER

It is ordered that the Fire Prevention Specialist title be reallocated to the noncompetitive division. It is further ordered that such action is effective the first pay period following the Commission’s approval.

ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.