Network Administrator 1, CSC Docket No. 2020-590

BackgroundThe Office of Information Technology (OIT) requests the reallocation of the title Network Administrator 1 to the noncompetitive division of the career service from October 26, 2019 to November 1, 2019.

By way of background, in In the Matter of Reallocation of Titles in the Office of Information Technology (CSC, decided April 4, 2018), the Civil Service Commission (CSC), reallocated the Network Administrator 1 and 2 titles to noncompetitive division for one pay period to in order to effectuate the transfer certain unclassified employees to the career service division. This reallocation was done at the request of the Division of Agency Services (Agency Services) in response to Executive Order 225, which directed, inter alia, OIT to transfer the IT Infrastructure Assets, along with those employees who support infrastructure across the Executive Branch, to OIT.

AnalysisIn the present matter, OIT argues that due to an administrative error, Sharon Grande was not identified as similarly-situated as the employees indicated in In the Matter of Reallocation of Titles in the Office of Information Technology, supra. Therefore, it requests the current interim reallocation to provide an equitable remedy for Grande.

Agency Services supports this request. Further, Agency Services indicates that there are currently no active special reemployment, regular reemployment or promotional lists for the planned OIT unit scope.

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 administrative error in not identifying Grande in In the Matter of Reallocation of Titles in the Office of Information Technology, supra, noncompetitive status for Network Administrator 1 is appropriate in this matter to provide Grande with the same relief as provided in the prior matter. Additionally, N.J.A.C. 4A:3-1.2(g) provides that, if a title is designated noncompetitive on an interim basis, 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 an interim noncompetitive designation for the Network Administrator 1 be effected, to permit the appointment of Sharon Grande. This designation will be effective from October 26, 2019 to November 1, 2019. At the end of this period, the subject title will be returned to the competitive division of the career service.

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