Reallocation of Paralegal Technician Assistant from the Competitive to the Non- Competitive Division of the Career Service, CSC Docket No. 2020-629

BackgroundThe Division of Agency Services (Agency Services) recommends the reallocation of the title of Paralegal Technician Assistant to the non-competitive division of the career service in accordance with N.J.A.C. 4A:3-1.2.

By way of background, the instant request originated with the Department of Children and Families (DCF). In support of DCF’s request, Agency Services explains that competitive testing is not practicable due to the nature of the knowledge, skills and abilities associated with the subject title. In this regard, it notes that the title is an entry-level title which requires only an Associate’s degree in Paralegal Studies or an Associate’s degree and a Certificate of Proficiency in Paralegal Studies. Further, it observes that this title does not have an experience requirement.

Any existing eligibility lists for this title and any current announcements for which examinations have not been administered will be cancelled upon completion of the reallocation process. Nevertheless, State appointing authorities may recruit and appoint from the cancelled lists. However, resulting appointments will be recorded as regular appointments in the non-competitive division (RAN). Appointment types for existing employees in this title as of the effective date will be handled in accordance with N.J.A.C. 4A:3-1.2(f):

1. Permanent employees in that title as of the effective date shall retain their permanent status in 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 the appropriate negotiations representative has been notified of the proposal. Agency Services does not indicate that it received any feedback based upon the foregoing notification. Finally, Agency Services requests that the changes specified in this title reallocation become effective beginning on the first pay period following the Civil Service Commission’s (Commission) approval of these actions.

RuleN.J.A.C. 4A:3-1.2 provides, in part, that the Commission may reallocate titles from the competitive to the non-competitive 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.

Based upon the foregoing, ample reasons exist for the reallocation of the proposed title to the non-competitive division of the career service. The only education required for this title is an Associate’s degree in Paralegal Studies or an Associate’s degree and a Certificate of Proficiency in Paralegal Studies. Furthermore, this title does not have a specific experience requirement. Therefore, competitive testing is not practicable for this title.

ORDER

Based on all of the above, it is ordered that the title of Paralegal Technician Assistant be reallocated to the non-competitive division. It is further ordered that such action be effective September 14, 2019.

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