IN THE MATTER OF EXPUNGEMENT TITLE VARIANTS, DEPARTMENT OF LAW AND PUBLIC SAFETY, CSC Docket No. 2022-3084

BackgroundThe Department of Law and Public Safety (L&PS) requests the reallocation of the Supervisor 1 & 2, Expungement; Agency Services Representative 1, 2, 3, & 4, Expungement; and Paralegal Technician 1 titles to the noncompetitive division of the career service on an interim basis be extended for an additional 12 months.

As background, L&PS had requested the reallocation of certain titles to the noncompetitive division of the career service on an interim basis due to the passing of Expungement Bill — P.£.2019, c.269. In the attached decision, Zn the Matter of Expungement Title Variants, Department of Law and Public Safety (CSC, decided October 6, 2021) the Civil Service Commission (Commission) granted L&PS’'s request to place the subject titles into the noncompetitive division for a period of six months due to the passing of that bill.!

AnalysisIn the instant matter, the L&PS requests that the interim noncompetitive reallocation of the above titles be extended for an additional 12 months. It asserts that the extension is necessary to continue its rapid recruitment and hiring in response to the legislative enactment. The Division of Agency Services supports the extension request.

1 In the attached decision, In the Matter of Paralegal Technician 1, Department of Law and Public Safety (CSC, decided February 2, 2022) the Commission corrected an error with regard to the title of Paralegal Technician 1 title from the October 6- 2021 decision. However, the Commission noted that it was not appropriate to move the title of Paralegal Technician 1 to the noncompetitive division as there were open competitive and regular reemployment eligible lists stil! active. Agency records indicate these lists have not yet been exhausted so the title of Paralegal Technician 1 was not yet placed in the noncompetitive division.

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 oF There is a need for immediate appointments arising from a new legislative program or major agency reorganization.

RuleFurther, N./.A.C. 4A:3-1.2(g) provides that, if a title is designated noncompetitive on an interim basis, at the end of the interim noncompetitive period, which shall be no greater than one year, the job title shal! be redesignated as competitive.

AnalysisWith regard to the titles of Supervisor 1 & 2, Expungement and Agency Services Representative 1, 2, 3, & 4, Expungement, based on the recent legislation described in Jn the Matter of Expungement Title Variants, Department of Law and Public Safety, extending the interim noncompetitive status for the subject titles for an additional six months is appropriate in this matter. The Commission notes that N.J.A.C. 4A:3-1.2(g) limits the interim noncompetitive basis to a year. Thus, since the subject titles were initially granted interim noncompetitive status for six months, they can only be extended an additional six months.

However, because there are existing regular reemployment and open competitive eligible lists for the Paralegal Technician 1 title, it is not appropriate for such action to take effect for this title until these lists are exhausted, as noted in the Commission’s prior decision.

Finally, individuals appointed during the interim noncompetitive period shall, upon successful completion of their working test periods, attain permanent status in the competitive division. It is further noted that this interim noncompetitive designation is limited to use by the State Police’s Expungement Unit exclusively.

ORDER

Therefore, it is ordered that this request be granted, and interim noncompetitive designations for the Supervisor 1 & 2, Expungement and Agency Services Representative 1, 2, 3, & 4, Expungement titles be effected for use by the Division of State Police’s Expungement Unit exclusively. This designation will be effective July 2, 2022, for a period of six months. At the end of this period, the subject titles 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.