TECHNICIAN, MVC AND TECHNICIAN TRAINEE, MVC, CSC Docket No. 2022-2121

BackgroundThe Division of Agency Services (Agency Services) recommends the reallocation of the Technician MVC title to the noncompetitive division of the career service in accordance with N./.A.C, 4A:3-1.2 and the inactivation of the Technician Trainee MVC title. A copy of the Civil Service Commission’s (Commission) decision, In the Matter of Reallocation of Technician MVC (CSC, decided May 19, 2021), is attached hereto and incorporated herein.

The facts of this matter are thoroughly discussed in the Commission’s attached decision. Prior to the Commission’s May 19, 2021, decision, the Communications Workers of America (CWA) asked the Commission to consider a permanent reallocation of the Technician MVC title to the noncompetitive division of the career service and the elimination of the Technician Trainee MVC title. In this regard, the CWA maintained that since the Motor Vehicle Commission (MVC) had been hiring Technician MVCs through a noncompetitive process for an extended period, it made sense to designate the Technician MVC title as the entry-level noncompetitive title and to eliminate the Technician Trainee MVC title. In the Commission’s previous decision, it approved an extension of the reallocation of the Technician MVC title to the noncompetitive division on an interim basis for six months, effective from April 24, 2021 to October 23, 2021. As to the CWA’s request to permanently reallocate the Technician MVC title to the noncompetitive division, because neither the MVC nor Agency Services has submitted a statement in response to the CWA, the Commission found it appropriate to refer the CWA’s request to Agency Services for review and to have Agency Services make recommendations to the Commission regarding that proposal.

Agency Services observes that the CWA and MVC have asserted that the interim noncompetitive process has proven successful at permitting the backfilling of positions, which is important given the frequent turnover experienced in the Technician MVC title. Further, it notes that the interim noncompetitive allocation has benefited both the MVC and applicants by allowing for a constant recruitment effort, and that the use of the journeyman title has helped to permit the onboarding of experienced candidates who require minimal training, which in turn frees up throughout the MVC’s agencies that would otherwise be assigned to train new employees. Further, the permanent allocation of the title of Technician MVC to the noncompetitive division will allow the MVC to continue to address the backlog resulting from the COVID-19 pandemic and its statutory mandate to run the Status Neutral Licensure program. Therefore, based upon the foregoing, Agency Services recommends the reallocation of the Technician MVC title to the noncompetitive division of the career service and the inactivation of the Technician Trainee MVC title.

Any existing eligibility lists for these titles 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 noncompetitive division (RAN). Appointment types for existing employees in these titles as of the effective date will be handled in accordance with N.JdA.C. 4A:3-1.2(f):

1. Permanent employees in those titles as of the effective date shall retain their permanent status in the noncompetitive division.

2. Probationary employees in those titles 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 those titles as of the effective date shall receive regular appointments and begin serving their working test periods on the effective date.

It is noted that pursuant to 4A:3-3.3() and N.dA.C. 4A:3-1.2(e), the Division of Appeals and Regulatory Affairs (DARA) notified the MVC and the CWA of Agency Services’ recommendation to place the Technician MVC title in the noncompetitive division on an interim basis. The MVC states that it supports both the request to reallocate the Technician, MVC title to the noncompetitive division of the career service and the request to inactivate the Technician Trainee MVC title. The CWA did not submit any additional comments in response to the notice from DARA.

CONCLUSION

RuleN.eJ.A.C. 4A:3-1.2 provides, in part, that the Commission may reallocate titles from the competitive to the noncompetitive division when competitive testing 1s 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.

AnalysisIn the instant matter, the conditions noted by Agency Services demonstrate that the certification procedures based on ranked eligible lists have not or are not likely to meet the needs of the MVC. Indeed, the series of Commission decisions approving interim noncompetitive designations for the Technician MVC title demonstrates the necessity of a more permanent reallocation.

Further, the Commission finds good cause to inactivate the Technician Trainee MVC title. Specifically, the title is unencumbered, its function as a noncompetitive entry-level title will be filled through the noncompetitive designation of the Technician MVC title, and the necessary training and evaluation of the suitability of candidates for the Technician MVC title can be evaluated through the working test period for the primary title.

Finally, the Commission notes that the foregoing reallocation of the Technician MVC title to the noncompetitive division may impact incumbents’ eligibility for advancement to certain competitive titles. See e.g., In the Matter of Tricia Palazzone, et al. (CSC, decided April 27, 2022). As such, the Commission directs that future promotional examinations for the title of Records Technician 3, Motor Vehicles or any other appropriate title should be open to incumbents serving in the Technician, MVC title possessing the open competitive requirements pursuant to N.J.A.C. 4A:4-2.5.

ORDER

Based on all of the above, it is ordered that the title of Technician MVC be reallocated to the noncompetitive division. It is further ordered that the request be granted to inactivate the title of Technician Trainee MVC. It is further ordered that such actions be effective at the beginning of 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.