John Lyle, CSC Docket No. 2022-299

BackgroundJohn Lyle appeals the decision of the Division of Agency Services (Agency Services) which found that his position with the Department of the Treasury is properly classified as Building Services Coordinator 1. The appellant seeks a Property Management Services Specialist 2 job classification in this proceeding.

Appellant's argumentThe appellant requested a review of his position as a Building Services Coordinator 1, the title to which he was regularly appointed on April 15, 2017. The position located in the New Jersey Department of the Treasury, Division of Management and Construction, Building Management and Operations - Justice/Capital Place/Trades/Taxation, reports to a Building Manager, and has no supervisory responsibilities. The appellant sought a reclassification of his position, alleging that his duties are more closely aligned with the duties of a Property Management Services Specialist 2. Agency Services performed a classification review including an analysis of the submitted Position Classification Questionnaire (PCQ) and all other documentation. Based on its review of the information provided, Agency Services concluded that the appellant’s position was properly classified as Building Services Coordinator 1.

On appeal, the appellant argues that he is performing the duties of the requested title and his supervisor agrees. He states that there are several employees that perform the same duties that he does and that have the requested title. The appellant explains that, for the R.J. Hughes Justice Complex, he designed and supervised the parking lot lighting, designed and supervised the transfer switches for the generators and the upgraded Air Handler Variable Frequency

Drives, and supervised the repair of the handicap walkway to the employee parking garage. He states that he has performed the duties of the Engineer in Charge of Maintenance during Covid-19 restrictions. Lastly, he argues that his Performance Assessment Reviews (PARs) have been consistently rated as excellent, and he has an exceptional work ethic. The appellant maintains that his supervisor supports his appeal and he requests an interview conference call via telephone or TEAMS.

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 Building Services Coordinator 1 states:

Under close supervision of a Building Services Coordinator 3 or other supervisory officer in a state department, division, institution, or agency, performs the work involved in scheduling, coordinating, follow- up, and expediting the alterations, renovations, repairs, and maintenance of office space in the central office buildings and field offices throughout the state; does related work as required.

The definition section of the job specification for Property Management Services Specialist 2 states:

Under general direction of a supervisor in the Department of the

AnalysisTreasury, performs work of average difficulty involving real property acquisition, lease and disposal, and inventory and/or planning, assessment, construction/renovation, allocation, use and building maintenance/services, building operations, and/or contract administration for building programs or renovations; does other related duties as required.

At the outset, as to an interview conference call, classification reviews are typically conducted either by a paper review, based on the duties questionnaire completed by the employee and supervisor; an on-site audit with the employee and supervisor; or a formal telephone audit to obtain clarifying information. Appeals of classification reviews are treated as reviews of the written record. See N.J.S.A. 11A:2-6b. Therefore, a conference call regarding the merits of his appeal of the classification review is not possible. The only exception is when the Civil Service Commission (Commission) has reviewed the written record and, in limited circumstances, determines that a material and controlling dispute of fact exists which can be resolve through the appointment of an independent classification reviewer. See N.J.A.C. 4A:3-3.9(e)1. No material issue of disputed fact has been presented which would require appointment of an independent classification reviewer.

Based upon a review of the information presented in the record, it is clear that the appellant’s position is properly classified as Building Services Coordinator 1. In making classification determinations, emphasis is placed on the definition section to distinguish one class of positions from another. The definition portion of a job specification is a brief statement of the kind and level of work being performed in a title series and is relied on to distinguish one class from another. A review of the appellant’s duties indicates that the appellant enters invoices, payments and documents in a database pertaining to State property and vendor contract agreements, and scans all documents (27% of the time); performs duties involving specifications, layout and procurement of electrical equipment and supplies and assisting the Building Manager in oversight of construction projects (10% of the time); assigns purchasing reference numbers, applies them to accounts, manages building purchase orders, approves invoices, and ensures contract information is correct and in compliance (20% of the time); orders material, parts, supplies, hardware, tools and services from vendors, prepares material requests and purchase orders, develops a procedure to ensure material and services arrive on time, and checks vendor documentation (25% of the time); provides fiscal information regarding property, prepares reports, and manages and maintains records and files (6% of the time); performs various administrative work such as inventory and storage of waste, preparing requests for proposal for construction projects, supervising contractors, being a committee member, contracting vendors, preparing reports, maintaining a database regarding material safety, receiving, checking for quality, and verifying goods, and investigating tenant problems (12% of the time.

Incumbent Building Services Coordinators 1 spend a majority of their time performing the work involved in altering, renovating, repairing, and maintaining office space. This is a nonprofessional title, requiring no college credits. In contrast, the title Property Management Services Specialist 2 is a professional title, requiring graduation from an accredited college or university with a Bachelor’s degree. Professional work is predominantly intellectual in character, as opposed to routine mental, manual, mechanical or physical work, and it involves the consistent exercise of judgment. It is basically interpretive, evaluative, analytical and/or creative, requiring knowledge or expertise in a specialized field of knowledge. This is generally acquired by a course of intellectual or technical instruction, study and/or research at an institution of higher learning or acquired through an in-depth grasp of cumulative experience. However, there must be thorough familiarity with all the information, theories and assumptions implicit in the chosen field. Persons in professional work should be able to perceive, evaluate, analyze, formulate hypothesis, and think in the abstract. Positions are considered professional when the work requires application of professional knowledge and abilities, as distinguished from either the desirability of such application or the simple possession of professional knowledge and abilities.

The majority of duties on the appellant’s PCQ, are compatible with the Building Services Coordinator 1 title. The appellant performs the work involved in scheduling, coordinating, follow-up, and expediting the alterations, renovations, repairs, and maintenance of office buildings, and these duties fall squarely in the Building Services Coordinator 1 scope of responsibility. Moreover, in making classification determinations, the knowledge, skills and abilities possessed by an incumbent are not relevant. Rather, classification reviews are based on a current review of assigned duties. Lastly, N.J.S.A. 11A:3-1 and N.J.A.C. 4A:3-3.1(1) provide that each position in the career and unclassified services shall be assigned by the Civil Service Commission to a job title. The opinion of the appellant’s supervisor has no bearing on this matter.

On appeal, the appellant provides examples of work that he performed on the R.J. Hughes Justice Complex that were not listed in the PCQ. Agency Services did not have the opportunity to review these detailed duties and justifications at the time of the classification review and therefore they cannot be considered on appeal. See In the Matter of Dolores Houghton (Commissioner of Personnel, decided October 6, 1993). Further, even if they were considered, these additional details do not establish that his duties rise to the level of a Property Management Services Specialist 2. An incumbent Property Management Services Specialist is involved in real property acquisition, lease and disposal, and inventory or planning, assessment, construction or renovation, allocation, use and building maintenance or services, building operations, or contract administration for building programs or renovations. They oversee an organization’s properties by coordinating maintenance activities, recommending acquisitions of real estate, and managing property, for example, performing inventory of parcels owned or leased. In addition to building operations and complex management, they are involved in real estate acquisition, financing, property appraisals, negotiations, construction, and contract or grant administration.

In contrast, the appellant enters applicable information into a database, prepares material requests, performs purchasing duties, assures appropriate inventory for equipment, materials and supplies, assists in oversight of construction projects, provides fiscal information regarding property, prepares reports, and performs various administrative work. His work falls squarely in the definition of a Building Services Coordinator 1. While he may perform some functions on grounds instead of in office space, this is not indicative of Property Management Services Specialist work.

Accordingly, a thorough review of the entire record fails to establish that John Lyle has presented a sufficient basis to warrant a Property Management Services Specialist 2 classification of his position.

ORDER

Therefore, the position of John Lyle is properly classified as a Building Services Coordinator 1.

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