Belinda Butler, CSC Docket No. 2021-1592

BackgroundBelinda Butler appeals the decision of the Division of Agency Services (Agency Services) which found that her position with the Department of Human Services is properly classified as Agency Services Representative 2. She seeks an Agency Services Representative 3 or Principal Clerk Typist job classification in this proceeding.

The appellant received a regular appointment to the title Principal Clerk Typist on April 15, 2002. She bumped to a position in the Division of Aging Services from Woodbridge Developmental Center in the January 9, 2015 layoff. Thereafter, in 2021, Agency Services conducted a thorough review of the appellant’s Position Classification Questionnaire (PCQ), and other documentation, and determined that her position was properly classified as Agency Services Representative 2. The appellant had sought an Agency Services Representative 3 classification of her position. Her position is assigned to the Department of Human Services, Division of Aging Services, North Regional Office, is supervised by an Office Supervisor, and has no supervisory responsibility.

Appellant's argumentOn appeal, the appellant requests an Agency Services Representative 3 job classification, or at least to have her prior held title, Principal Clerk Typist, as it is a in a higher class code (13) than Agency Services Representative 2 (12). The appellant states that the duties of the position at the Division of Aging Services are more technical and complex, involving multi-tasking and for which she needed training. She states that she covers two counties and produces a lot of extensive and demanding work. In support of her appeal she resubmits her PCQ, and provides a resume and a power point presentation from a February 2020 staff meeting regarding achievements and goals for the unit.

CONCLUSION

RuleN.J.A.C. 4A:3-3.9(e) states that in classification appeals, the appellant shall provide copies of all materials submitted, the determination received from the lower level, statements as to which portions of the determination are being disputed, and the basis for appeal. Information and/or argument which was not presented at the prior level of appeal shall not be considered.

The definition section of the job specification for Principal Clerk Typist states:

Under direction of a supervisory official, does clerical work including typing of a complex and/or technical nature requiring knowledge of department laws, regulations, policies, and procedures as well as the frequent exercise of independent judgment, and/or has charge of the work of a large clerical unit; does related work as required.

The definition section of the job specification for Agency Services Representative 2 states:

Under the limited supervision of a supervisory official in a State department, agency or institution, provides front-line and behind the scenes customer and other support services involving the review, processing and issuance of agency documents; provides information to customers regarding department/agency programs and services; may provide guidance and assistance to clerical staff; does other related work as required.

The definition section of the job specification for Agency Services Representative 3 states:

Under the general supervision of a supervisory official in a State department or agency or institution, provides front-line and behind the scenes customer and other support services involving the review, processing and issuance of agency documents; provides specialized information to customers regarding department/agency programs and services; handles the more complex and/or sensitive customer issues, requests and complaints; does other related work as required.

AnalysisThe major focus of positions classified as Agency Services Representatives is public contact. Incumbents spend a majority of their work time responding to questions and soliciting information, orally and in writing, from members of the general public, co-workers, and others for the purpose of processing agency documents. Other clerical support functions may be assigned from time to time, but should not be the primary emphasis of the position. In addition, the Agency Services Representative 2 performs work which typically does not require in depth knowledge or familiarity with organizational practices or structure. This incumbent should be able to independently assist customers by answering procedural questions and resolving issues. The Agency Services Representative 3 performs more complex or sensitive work. They are expected to have considerable experience and familiarity with organizational procedures and rules, and be able to provide specialized information of a varied nature. Also, incumbents at this level are expected to perform research and be able to explain laws and regulations, and technical information. They resolve complex, varied and sometimes difficult issues and exercise independent judgment where clear precedent does not exist.

The appellant’s performance evaluation indicates that the major goals of the position are to provide accurate and timely customer service and clerical tasks, and to respond to customer service inquiries and provide accurate information or direction. The audit found that the primary duties of the position are: receives and records referred individuals (referrals) from multiple sources for the New Jersey Managed Long-Term Services and Supports Program (MLTSS); utilizes the Molina (private/multi-state) system to perform background checks on referrals for prior records and current Medicaid status; establishes a referral record in the NJ TeleSys (NJ internal) electronic system, uses TeleSys to communicate with field nurses to schedule, coordinate, and record medical assessments and the status of referral cases; processes assessments using different procedures for those who qualify for MLTSS and those who do not - for qualified referrals provides managed care providers with assessment packages - for those who do not qualify compiles and sends denial packages consisting of the medical assessment, the reasons for denial, and information regarding the appeal process; answers inquiries from customers (e.g., referrals, staff, nurses, and managed care providers) about MLTSS policies and procedures; performs other related duties including, but not limited to, answering phones, utilizing various office equipment, attending meetings, generating reports, and assisting colleagues and coworkers.

Based upon a thorough review of the information presented in the record, it is clear that the duties of the appellant’s position do not match, as a primary focus, the definition for Agency Services Representative 3. The appellant does not handle the more complex and/or sensitive customer issues, requests and complaints. The majority of her time is spent in data entry, processing and updating referrals, providing information, and other routine functions. It is noted that how well or efficiently an employee does her job, length of service, volume of work and qualifications have no effect on the classification of a position currently occupied, as positions, not employees are classified. See In the Matter of Debra DiCello (CSC, decided June 24, 2009). The record does not support that the appellant makes independent decisions or performs more complex work.

Additionally, the Principal Clerk Typist title is supervisory in nature. Support for this position can be found in both the job definition and the examples of work in the job specification. For example, several examples of work reference direct supervision of subordinates, including organizing and assigning work, reviewing work and evaluating subordinate employee performance. Further evidence of the supervisory nature of the title is the fact that the Principal Clerk Typist title is in the “R” ERG. In this respect, titles are assigned to ERGs based on the classification of the position by this agency. See N.J.S.A. 11A:3-1. Each ERG is distinctly defined, and the “R” ERG is defined as those titles used in the primary or first level of supervision. See In the Matter of Alan Handler, et al., Department of Labor and Workforce Development (CSC, decided October 7, 2015). Accordingly, even if the appellant is performing complex duties, she cannot be classified as a Principal Clerk Typist since she does not supervise. The primary duties of the position fall within the parameters of the definition for Agency Services Representative 2

Accordingly, a thorough review of the entire record fails to establish that the appellant has presented a sufficient basis to warrant an Agency Services Representative 3 or Principal Clerk Typist classification of her position.

ORDER

Therefore, the position of Belinda Butler is properly classified as Agency Services Representative 2.

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