Reallocation of Technician MVC, CSC Docket No. 2021-331

BackgroundThe Division of Agency Services (Agency Services) recommends the reallocation of the title of Technician MVC to the noncompetitive division of the career service on an interim basis.

By way of background, the instant request originated with the Motor Vehicle Commission (MVC). The MVC states that the COVID-19 pandemic and the upcoming Status Neutral Licensure program have created an immediate hiring need for positions in the subject title. In this regard, the MVC submits that the pandemic forced the closure of its agencies between March 2020 and July 2020, which, in turn, created a significant backlog of transactions and unprecedented demand upon the reopening of its agencies in July 2020. In addition, during the height of the pandemic, the MVC was unable to continue hiring and onboarding staff to fill vacancies as its agencies. As a result, it maintains that it presently has approximately 140 vacancies that it needs to fill in order to address customer demand. The MVC further indicates that it reorganized its agencies in an effort to deal with its backlog upon reopening, designating some facilities as Licensing Centers and others as Vehicle Centers. Moreover, the MVC anticipates that it will experience a surge in demand for new driver’s licenses with the beginning of the Status Neutral Licensure program in January 2021. The MVC stresses that in order to meet the demand that this program will create, as well as alleviate the problems with its existing backlog, it is imperative that it fill vacant positions in the subject title as soon as possible.

Based upon the foregoing, Agency Services recommends reallocating the Technician MVC title to the noncompetitive division on an interim basis for six months. In this regard, it observes that N.J.A.C. 4A:3-1.2(c)3 provides that a job title may be placed in the noncompetitive division on an interim basis when the Civil Service Commission (Commission) determines that it is appropriate to make permanent appointments to the title and there is a need for immediate appointments arising from a new legislative program or major agency reorganization. Agency Services advises that this action would allow the MVC to more effectively alleviate the backlog resulting from the COVID-19 pandemic and comply with the statutory mandate to begin Status Neutral Licensing in January 2021.

It is noted that the subject title was previously allocated to the noncompetitive division on an interim basis between April 27, 2019 and April 25, 2020.1 It is further noted that pursuant to N.J.A.C. 4A:3-3.3(f) and N.J.A.C. 4A:3-1.2(e), Agency Services has notified the Communications Workers of America (CWA) of its recommendation to place the Technician MVC title in the noncompetitive division on an interim basis. The CWA has no objection to the foregoing recommendation by Agency Services.

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 record in this matter, interim noncompetitive status for the subject title is appropriate. The Commission notes that with interim noncompetitive status, N.J.A.C. 4A:3-1.2(g) provides 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.

1 See In the Matter of Reallocation of Technician MVC (CSC, decided February 6, 2019); and In the

Matter of Reallocation of Technician MVC (CSC, decided November 6, 2019).

ORDER

Therefore, it is ordered that this request be granted and an interim noncompetitive designation for the subject title be effected. This designation will be effective from October 24, 2020 to April 24, 2021. 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.