Technical Assistant, CSC Docket No. 2026-1209

BackgroundThe Division of Agency Services (Agency Services), on behalf of the Motor Vehicle Commission, requests to extend the reallocation of the Technical Assistant, Motor Vehicle Commission title to the noncompetitive division of the career service on an interim basis for an additional six months.

By way of background, in In the Matter of Technical Assistant, Motor Vehicle Commission (CSC, decided September 4, 2024), the Civil Service Commission (Commission) approved the creation of the Technical Assistant, Motor Vehicle Commission title and allocated the title to the noncompetitive division of the career service for the duration of one year. At the time, the argument for the interim noncompetitive allocation was due to the Motor Vehicle Commission’s need to hire people immediately due changes in requirements from the federal government, including requirements related to REAL ID’s, commercial driver’s licenses, and licenses for undocumented immigrants. Due to these requirements, the Motor Vehicle Commission stated that it needed to hire employees at a much more accelerated pace. Additionally, it asserted that the process for hiring using open competitive examinations and the certification of eligibles lists was too onerous to comply with legislative mandates.

In its current request, the Motor Vehicle Commission emphasizes that its mission entails more than just issuing driver’s licenses, registrations, titles, and other documentation. Rather, it presents that its mission now involves achieving the highest level of identification standards to strengthen counterterrorism efforts.

Additionally, the Motor Vehicle Commission indicates ongoing programs such as Systematic Alien Verification for Entitlements (SAVE), web services, and continuing compliance of REAL ID as justification for the extension. Further, it explains that its current recruitment process has an additional step of fingerprinting which can disqualify many candidates from employment, which limits the pool of potential candidates that are available to the Motor Vehicle Commission.

Based on the above, Agency Services recommends that the interim noncompetitive allocation of the Technical Assistant, Motor Vehicle Commission (52537 and 52536) title be extended for an additional six months. It indicates that the appropriate negotiation representative has been notified of the proposed extension and has not expressed any objection. Agency Services requests that the effective date of this action be at the beginning of the first pay period that follows the Commission’s approval.

CONCLUSION

RuleN.J.A.C. 4A:3-1.2(a) states 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.

Analysis1. Competitive testing is not practicable due to the nature of the knowledge, skills, and abilities associated with the job;

2. Certification procedures based on ranked eligible lists have not or are likely have not or 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 legislation 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.

AnalysisBased on the foregoing, ample reasons exist to extend the allocation of the Technical Assistant, Motor Vehicle Commission title to the noncompetitive division on an interim basis for an additional six months based on N.J.A.C. 4A:3-1.2(c)3. In this regard, the MVC has a critical need to hire quickly and staff its office in response to recent legislative mandates. Additionally, N.J.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 shall be redesignated as competitive. Individuals appointed during the interim noncompetitive period shall, upon successful completion of their working test periods, attain permanent status in the competitive division.

ORDER

Therefore, it is ordered that the request for the allocation of the Technical Assistant, Motor Vehicle Commission title to the noncompetitive division on an interim basis be extended for an additional six months is granted. The effective date of this action will be the beginning of the first pay period that follows the Commission’s approval and will end six months later. At the end of this period, the subject title 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.