Division of Budget and Finance and Office of Natural Resource Restoration Titles, CSC Docket No. 2027-82

BackgroundThe Division of Agency Services (Agency Services) requests that specified titles, only within unit scopes G403 and G897, Division of Budget and Finance and Office of Natural Resource Restorations, Department of Environmental Protection (DEP), be placed in the noncompetitive division of the career service on an interim basis to permanently appoint three unclassified employees.

By way of background, Tatsiana Ardeleanu, Sharvil Patel, and Susan Seyboldt1 were appointed to unclassified positions in the Blue and Green Acres Programs in 2016. DEP then underwent a major agency reorganization that included reallocating responsibilities among the Natural and Historic Resources, Green Acres, and Blue Acres program areas. Following the reorganization, these employees were reassigned to the Division of Budget and Finance and Office of Natural Resource Restoration where they no longer perform duties associated with their former roles. All programmatic and funding connections to the disaster recovery work that justified their unclassified status have ceased.

1 Agency records indicate that Tatsiana Ardeleanu was appointed as an unclassified Contractor Administrator 3, effective January 11, 2025, and is currently serving in that title in unit scope G403; Sharvil Patel was appointed as an unclassified Accountant 2; effective December 10, 2026, and is currently serving in that title in unit scope G403; and Susan Seyboldt was appointed as an unclassified Program Specialist 3, Regulatory Programs, effective September 20, 2003, and is currently serving in that title in unit scope G897.

Appellant's argumentIn its request, the DEP proposes the following interim noncompetitive appointments:

Name: Title: Unit Scope: Tatsiana Ardeleanu Contract Administrator 3 (51250, R29) G403 Sharvil Patel Accountant 2 (50453, P21) G403 Susan Seyboldt Program Specialist 3, RP (64485H, R26) G897

Agency Services presents that under N.J.A.C. 4A:3-1.2(c)3, a job title may be placed in the noncompetitive division on an ongoing or interim basis when it is determined by the Civil Service Commission (Commission) that it is appropriate to make permanent appointments to the title when there is a need for immediate appointments arising from a new legislative program or major agency reorganization. Because promotional and lateral opportunities within the unit scope are only open to permanent classified employees or those in the noncompetitive series, the employees have been unable to compete for advancement or reassignment. The current request for interim reallocation will ensure alignment between job duties and title status and support the operational needs of the Department.

BackgroundIt is noted that there are currently no open-competitive, promotional, regular, or special reemployment lists for the Contract Administrator 3, Accountant 2, and Program Specialist 3, Regulatory Programs titles for unit scope G403 or G897.

Pursuant to N.J.A.C. 4A:3-1.2(e), notice of the proposed reallocation was sent to the affected negotiations representatives on April 22, 2026. On June 9, 2026, the affected negotiations representative acknowledged that it had no objections.

In light of the above, Agency Services is requesting that the titles listed above be reallocated to the noncompetitive division of the career service on an interim basis, for one pay period, to allow DEP to permanently appoint the three named employees.

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.

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.

For the reasons as stated above, the Commission grants the request pursuant to N.J.A.C. 4A:3-1.2(c)3 in order to allocate the titles, in unit scopes G403 and G897 only, referenced above to the noncompetitive division of the career service on an interim basis, for one pay period, to effectuate the appointment of the affected employees into the appropriate titles. It is noted that the employees would need to serve current working test periods, since appointments cannot become permanent until successful completion of a working test period pursuant to N.J.A.C. 4A:4-5.1, et seq.

ORDER

It is ordered that the specified titles, only within unit scopes G403 and G897, Division of Budget and Finance and Office of Natural Resource Restorations, Department of Environmental Protection, be reallocated to the noncompetitive division of the career service on an interim basis, for one pay period, in order to effectuate the appointment of the three affected employees into the appropriate career service competitive division titles. It is further ordered that such actions be effective the first pay period following the Commission’s approval.

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