the Reallocation of Government Affairs Specialist, CSC Docket No. 2023-1886

BackgroundThe Division of Agency Services (Agency Services) intends to reactivate and rename the title of Government Affairs Specialist, Office of Business Advocacy to Public Policy Specialist and requests that the title be reallocated to the noncompetitive division of the career service in accordance with N.J.A.C. 4A:3-1.2.1

By way of background, agency records indicate that the Government Affairs Specialist, Office of Business Advocacy title was established prior to 1977 and was restricted for use by the former Department of Labor. In 1993, the title was inactivated due to title reduction efforts.

Agency Services explains that it intends to reactivate the title of Government Affairs Specialist, Office of Business Advocacy and rename it Public Policy Specialist. This title will be available for utilization throughout State government. Agency Services states that incumbents in the title will have primary responsibility for the formulation, implementation, and management of public policy within agencies.

1 It is not necessary for the Civil Service Commission (Commission) to formally act on Agency Services’ establishment of a title, whether it be for a new title or the reactivation of a prior title with specification changes, since these functions have specifically been delegated to the Chairperson of the Commission or the designee by N.J.A.C. 4A:3-3.3, which, in this case, is Agency Services. See e.g., In re Changes in the State Classification Plan, 460 N.J. Super. 358 (App. Div. 2019). However, N.J.A.C. 4A:3-1.2(c) specifically requires the Commission to determine if a title should be placed in the noncompetitive division of the career service.

Moreover, Agency Services submits that competitive testing is not practicable for the subject title given the nature of the position.

A review of the proposed Job Specification for Public Policy Specialist indicates that candidates will be required to possess a Master’s degree and one or more years of relevant experience, or be able to substitute the educational requirement on a year for year basis with such experience, which may be a combination of “established excellence in academics and/or professional achievement; proven leadership ability and potential for further growth; demonstrated commitment to public service; effective written communication skills as demonstrated by writing assignment; evidence of effective teamwork; or experience in a field appropriate to the position.” Moreover, an appointee will be required to have a broad range of knowledge, skills, and abilities, which range from knowing the functions and programs of the department to which the appointee will be assigned and the relevant fiscal, administrative, and personnel practices and procedures of the department, as well as knowing the pertinent laws of the State and federal government, basic mathematical procedures, and methods used to gather and analyze information. The appointee will also need to have the ability to serve as a liaison to other State departments, institutions, and agencies; to develop, implement, modify, and achieve proper and effective program plan objectives; and to draft new policies or modify existing policies, procedures, and processes, which may include reviewing, analyzing, and preparing written comments; initiating and drafting new legislation or rules to further the department’s goals and mission; developing and performing special studies, research, and/or projects; and preparing clear, sound, accurate, and informative reports containing findings, conclusions, and recommendations.

Therefore, Agency Services seeks reallocation of the title to the noncompetitive division of the career service. It requests that the effective date of the reallocation be the first pay period following the Commission’s approval, which shall coincide with the reactivation of the Government Affairs Specialist, Office of Business Advocacy title and renaming to Public Policy Specialist.

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 by the Commission that it is appropriate to make permanent appointments to the title and 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 upon the foregoing, ample reasons exist for the reallocation of the Public Policy Specialist title to the noncompetitive division of the career service pursuant to N.J.A.C. 4A:3-1.2(c)1. Given the advanced knowledge needed for the position, as evidenced by the required possession of a Master’s degree and demonstrated excellence in academics and/or professional achievement among other attributes, and the broad range of knowledge, skills, and abilities needed for the position, testing for this title would be impracticable. Additionally, it is noted that incumbents would be required to successfully complete a four-month working test period prior to attaining permanent status, thereby confirming that their appointments are based on principles consistent with merit and fitness. See N.J.A.C. 4A:4-5.1(b) and N.J.A.C. 4A:4-5.2(b)2.

ORDER

Therefore, it is ordered that this request be granted and the Government Affairs Specialist, Office of Business Advocacy title be reactivated and renamed Public Policy Specialist, and reallocated to the noncompetitive division of the career service. It is further ordered that such actions be effective March 25, 2023.

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