Technical Assistant Evidence Handling Title Series, CSC Docket No. 2024-2452

BackgroundThe Division of Agency Services (Agency Services) requests the establishment of a new title series, Technical Assistant Evidence Handling, which includes placing the Technical Assistant Evidence Handling Trainee title in the noncompetitive division of the career service in accordance with N.J.A.C. 4A:3-1.2. Agency Services also requests that incumbents in the Clerk Typist 1 Evidence Handling, Clerk Typist 2 Evidence Handling, and Head Clerk Evidence Handling titles be cross walked to a corresponding Technical Assistant Evidence Handling title and the titles be inactivated once they are vacated.

By way of background, at the request of the Department of Law and Public Safety, Agency Services reviewed the clerical titles in the Division of State Police’s Office of Forensic Sciences and found that the titles no longer accurately reflect the job responsibilities of the positions. As a result, Agency Services intends to create the following title series with the employee relations group of P (Professional Unit) or R (Primary Level Supervisors Unit):

Technical Assistant Evidence Handling Trainee (Noncompetitive – P95)

Technical Assistant Evidence Handling 1 (Competitive – P13)

Technical Assistant Evidence Handling 2 (Competitive – P16)

Technical Assistant Evidence Handling 3 (Competitive – R19)

Agency Services indicates that the new title series will be replacing the clerical titles as the positions have evolved over time to be more technical in nature. For example, incumbents in the positions have the responsibility of sealing and transporting biological evidence; testifying in court hearings; reviewing and verifying documents; securing, recording, collecting, verifying, and maintaining physical evidence and keeping track of drug audits; applying safety procedures when handling physical evidence; and preparing reports. Agency Services has prepared corresponding job specifications for the titles in the new series. It notes that the appropriate negotiation representatives have been notified and have not expressed any objections to the title series.

Further, Agency Services requests that the Technical Assistant Evidence Handling Trainee title be allocated to the noncompetitive division of the career service pursuant to N.J.A.C. 4A:3-1.2(c)1, as competitive testing is not practicable at the trainee level due to the nature of the knowledge, skills, and abilities associated with the job. In that regard, Agency Services presents that the title is an entry-level trainee title which is intended to provide on-the-job training. There are also no experience requirements, and therefore, there is no skillset to be tested.

Additionally, Agency Services requests that the incumbents currently residing in the titles of Clerk Typist 1 Evidence Handling, Clerk Typist 2 Evidence Handling, and Head Clerk Evidence Handling be cross walked to the titles of Technical Assistant Evidence Handling 1, Technical Assistant Evidence Handling 2, and Technical Assistant Evidence Handling 3, respectively. Appointments will be made by slotting the current employees into the new titles at a step closest to their current salary that provides an increase, appointment type to appointment type, with retention of existing status. The following titles1 will then be inactivated once they are vacated:

Clerk Typist 1 Evidence Handling (23239, Competitive – A09)

Head Clerk Evidence Handling (20048, Competitive – R16)

Moreover, Agency Services recommends that the new title series, cross walk of incumbents, and title inactivation become effective at the beginning of the first pay period that follows the approval of the Civil Service Commission (Commission), which would be July 13, 2024.

CONCLUSION

RuleN.J.A.C. 4A:3-3.3(a)2 provides that the Chairperson or designee shall implement and administer the classification plans, including establishing new titles, abolishing unnecessary titles, and consolidating titles where a single title is appropriate for the grouping of positions with similar qualifications, authority, and responsibility. N.J.A.C. 4A:3-3.7(a) indicates that trainee, apprentice, recruit, and intern titles may be established in State and local service to provide for entry level employment. Moreover, N.J.A.C. 4A:3-1.2(a) provides that the Commission shall allocate and reallocate career service titles between the competitive and noncompetitive divisions. N.J.A.C. 4A:3-1.2(c)1 states that a job title may be placed in the noncompetitive division on an ongoing or interim basis when it is determined that competitive testing is not practicable due to the nature of the knowledge, skills, and abilities associated with the job.

Analysis1 In the meantime, Agency Services states that these titles are being designated as archaic. Additionally, Agency Services is not requesting that the Clerk 2 Evidence Handling title be inactivated as it is a common title utilized also by local service.

Based on the foregoing, ample reasons exist to create a new title series, inactivate the titles specified, cross walk the employees as set forth above, and allocate the newly created Technical Assistant Evidence Handling Trainee title to the noncompetitive division of the career service. Given the lack of an experience requirement, in conjunction with the fact that it is an entry-level title, competitive testing is not practicable since the knowledge, skills and abilities associated with the title are evaluated during the mandatory training period. It is emphasized that appointees would need to successfully complete both the required four-month working test period, pursuant to N.J.A.C. 4A:4-5.2(b)2, and the 12-month training period to retain their positions. Accordingly, the requests of Agency Services are granted.

ORDER

Therefore, it is ordered that the requests be granted and a new title series of Technical Assistant Evidence Handling be established in the career service with the Technical Assistant Evidence Handling Trainee title being allocated to the noncompetitive division of the career service. It is further ordered that incumbent employees in the Clerk Typist 1 Evidence Handling, Clerk Typist 2 Evidence Handling, and Head Clerk Evidence Handling titles be cross walked to the titles of Technical Assistant Evidence Handling 1, Technical Assistant Evidence Handling 2, and Technical Assistant Evidence Handling 3, respectively, in accordance with this decision, and at which time the Clerk Typist 1 Evidence Handling and the Head Clerk Evidence Handling titles shall be inactivated. These actions shall all be effective July 13, 2024.

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