Reallocation of Forensic Scientist 1, CSC Docket No. 2025-2719

BackgroundThe Division of Agency Services (Agency Services) recommends the reallocation of the Forensic Scientist 1 (FS1) local government title (Title Code 01592) to the noncompetitive division of the career service.

As background, the Civil Service Commission (Commission) previously reallocated the FS1 State government title to the noncompetitive title. See In the Matter of Forensic Scientist 1, Department of Law and Public Safety, Division of State Police (CSC, decided September 25, 2024) (noting hiring difficulties experienced by the Office of Forensic Sciences). In this matter, Agency Services presents that the Union County Prosecutor’s Office (UCPO) indicates that it too has had difficulty hiring FS1s for its ANSI-accredited Forensics Laboratory, specifically the DNA section. The UCPO provides that due to the extremely technical nature of these positions, current evaluation methods do not consider the specialized experience and educational qualifications mandated by the FBI’s Quality Assurance Standards. In this regard, scientists who work in the DNA section must have taken specific coursework in molecular biology, genetics, biochemistry, and statistics. The UCPO is finding that most applicants who are ranked at the top of the Civil Service eligibility lists lack the specific coursework required in the DNA section.

Agency Services indicates that affected appointing authorities and negotiations representatives were notified concerning the subject request via a notice posted on this agency’s website and afforded an opportunity to submit comments. 1 Additionally, it provides that any existing eligibility list for FS1 and any current announcements for which the examination had not been administered will be cancelled upon the successful completion of the reallocation process. Agency Services presents that appointment types for existing employees in the FS1 title as of the effective date will be handled in accordance with N.J.A.C. 4A:3-1.2(f) as follows:

• Permanent employees in the FS1 title as of the effective date shall have their appointment types changed to RAN and shall retain their permanent status in the noncompetitive division.

• Probationary employees in the FS1 title as of the effective date shall continue serving their working test periods and, upon successful completion, attain permanent status in the noncompetitive division.

• Provisional employees who remain in the FS1 title as of the effective date shall receive regular appointments and begin serving their working test periods on the effective date.

Agency Services requests that the effective date of this action be the beginning of the first pay period that follows the Commission’s approval.

CONCLUSION

RuleN.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) 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;

Analysis1 One comment was received from a current State government employee, who expressed a general concern that the reallocation of titles from the competitive to noncompetitive division harms veterans’ preference rights. However, N.J.S.A. 11A:5-8, preference in appointment in noncompetitive division, requires preference be given to a qualified veteran from among those eligible for appointment in the noncompetitive division. From among those eligible for appointment in the noncompetitive division, preference shall be given to a qualified veteran. Before an appointing authority shall select a nonveteran and not appoint a qualified veteran, the appointing authority shall show cause before the Civil Service Commission why a veteran should not be appointed. In all cases, a disabled veteran shall have preference over all others. It is the veteran’s responsibility to notify the appointing authority of his or her possession of Civil Service veterans’ preference when applying for a position in the noncompetitive division.

2. 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.

RuleN.J.A.C. 4A:3-1.2(e) provides, in pertinent part, that prior to any reallocation from the competitive to noncompetitive division, whether on an ongoing or interim basis, an administrative review shall be conducted and notice of the proposed reallocation shall be sent to affected appointing authorities and negotiations representatives. The notice shall designate the period of time, which in no event shall be less than 20 days, during which written comment may be submitted, and may provide for a public hearing.

AnalysisIn the instant matter, the UCPO seeks to reallocate the FS1 (01592 – local government) title to the noncompetitive division of the career service on a permanent basis.

Based on the above circumstances, ample reason exists for the reallocation of the FS1 local government title to the noncompetitive division of the career service. Specifically, the UCPO has had difficulty hiring FS1s for the DNA section of the Forensics Laboratory and current evaluation methods do not consider the specialized experience and educational qualifications mandated by the FBI’s Quality Assurance Standards. Therefore, competitive testing is impracticable for this title.

ORDER

It is ordered that the Forensic Scientist 1 local government title be permanently reallocated to the noncompetitive division. It is further ordered that such action is effective July 12, 2025.

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