Field Representative Housing, CSC Docket No. 2020-2517

BackgroundThe Division of Agency Services (Agency Services) requests that the provisions of N.J.A.C. 4A:4-7.6(a)1 be relaxed to allow the movement of employees in the Field Representative Housing, Code Enforcement title series to the Inspector, Multiple Dwellings title series as lateral title changes as part of a title consolidation action.

By way of background, the Bureau of Housing Inspection, within the Department of Community Affairs (DCA) administers the New Jersey Hotel and Multiple Dwellings Law (N.J.S.A. 55:13A-1). As part of the Bureau's code enforcement teams, incumbents in the Inspector, Multiple Dwellings title series are used to perform related inspections and are required to possess the required license. The Bureau of Housing Inspection also enforces this law through their State Local Cooperative Housing Inspection Program (SLCHIP). Through SLCHIP, local inspectors are employed by and perform inspections for their respective municipalities. The SLCHIP unit utilizes State SLCHIP inspectors serving in the title series Field Representative Housing, Code Enforcement. While these DCA employees have the authority to review and monitor the work of the local inspectors, the Field Representative Housing, Code Enforcement title series does not require a license and limits the ability of incumbents to perform the functions of a licensed inspector. This title consolidation will enable the SLCHIP inspectors to more effectively manage the local inspectors and permit them to perform full inspections in SLCHIP municipalities when necessary. Thus, allowing the DCA to maximize the efficiency of the SLCHIP.

The Field Representative Housing, Code Enforcement title series will be consolidated into Inspector, Multiple Dwelling series, will be renumbered in accordance with current practice, level 1 being the entry level in the series and level 3 being the supervisory level. Also, the Inspector job specifications have been modified to include the duties performed by the Field Representatives. inspectors. Incumbents in the Field Representative Housing, Code Enforcement title series will be cross walked into the renumbered Inspector, Multiple Dwelling title series. However, the Field Representative Housing, Code Enforcement title is assigned a class code 18, the Senior Field Representative Housing, Code Enforcement title us assigned a class code 21, and the Principal the Field Representative Housing, Code Enforcement title is assigned a class code 24, but the corresponding Inspector, Multiple Dwelling titles are assigned class codes 19, 22, and 27, respectively. In order to effectuate the movement of these affected employees, Agency Services requests that the provisions of N.J.A.C. 4A:4-7.6(a)1, which provide that a lateral title change may only be made if the titles are assigned the same class code, be relaxed in order to allow employees to move laterally into their new titles. Employees will retain their current status and permanent employees will not be subject to a working test period.

CONCLUSION

N.J.A.C. 4A:4-7.6(a)1 stats that a lateral title change may only be made if the titles are assigned the same class code. N.J.A.C. 4A:1-1.2(c) provides that a rule may be relaxed for good cause in a particular circumstance in order to effectuate the purpose of Title 11A, New Jersey Statutes.

In the instant matter, the record establishes that this title consolidation will enable the SLCHIP inspectors to more effectively manage the local inspectors and permit them to perform full inspections in SLCHIP municipalities when necessary. Thus, allowing the DCA to maximize the efficiency of the SLCHIP. Accordingly, it is appropriate to relax N.J.A.. 4A:4-7.6(a)1 in order to laterally change the incumbents in the various levels of the Field Representative Housing, Code Enforcement title series to the corresponding Inspector, Multiple Dwellings title. Additionally, pursuant to N.J.A.C. 4A:4-7.6(b), since the nature of the work, education and experience requirements of both title series are substantially similar, the incumbents that are cross walked from the Field Representative Housing, Code Enforcement title series shall retain their permanent status and will not be subject to a working test period. Finally, all employee movements to the consolidated titles series are to be effectuated in accordance with Compensation Compendium Salary Regulation 4G – movement without promotional procedures to a restructured title series. 1

1 It is not necessary for the Commission to formally act on Agency Services’ restructuring of the title series, i.e., renumbering the levels, verbiage changes, and inactivating titles, as these functions have been specifically delegated to the Chairperson or designee by N.J.A.C. 4A:3-3.3. See In re Changes in the State Classification Plan, 460 N.J. Super. 358 (App. Div. 2019).

ORDER

Therefore, it is ordered that this request be granted and the lateral title changes be processed in accordance with the attached Change in the State Classification Plan.. This action shall be effective the first pay period following the Civil Service Commission’s approval.

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