N.J. Admin. Code § 4A:3-3.9

Current through Register Vol. 56, No. 8, April 15, 2024

Section 4A:3-3.9 - Position review request and appeal procedure

(a) A position review request is a petition for a review from the classification or reclassification of a position, or a complaint that the duties of a specific position do not conform to the approved job specification for the title assigned to that position.

(b) The procedures in this section are applicable to employees in the career and unclassified services.

(c) In State service, a classification petition by an employee or union representative shall be made in writing. The petition shall include a position classification questionnaire completed by the petitioner, and shall specify the title that the petitioner believes is appropriate to the duties performed by the employee and explain how the duties at issue are more appropriate to the requested title than to the title in which the employee is currently serving.

1. The employee's immediate supervisor shall indicate on the position classification questionnaire the supervisor's agreement or disagreement with the petitioner's description of job duties, the petitioner's cited percentage of time spent on each duty, and the title proposed by the petitioner as appropriate to the duties performed. To the extent that the supervisor disagrees with information on the questionnaire, the supervisor shall explain in writing the nature of the disagreement. The supervisor shall also sign the position classification questionnaire.

2. The employee's immediate supervisor shall forward the completed position classification questionnaire to the program manager/division director, as applicable, who shall indicate on the questionnaire agreement or disagreement with the petitioner's description of job duties, the petitioner's cited percentage of time spent on each duty, and the title proposed by the petitioner as appropriate to the duties performed. To the extent that the program manager/ division director disagrees with information on the questionnaire, he or she shall explain in writing the nature of the disagreement. The program manager/division director shall also sign the questionnaire.

3. The supervisor and program manager/division director shall complete their portions of the questionnaire and provide their signatures on the form in accordance with (c)1 and 2 above within 15 days, which may be extended for good cause, of the employee's submission of the petition to the immediate supervisor. By no later than the end of this period, the program manager/division director shall submit to the agency representative the completed questionnaire, along with the petitioner's most recent PAR form (see N.J.A.C. 4A:6-5).

4. The agency representative shall review the petition, affix to it an organizational chart, and ensure that the information set forth in (c)1, 2, and 3 above has been included. Within 10 days of receipt of the petition, the agency representative shall either notify the petitioner that specific additional information is required, or forward the petition with organizational chart to the appropriate representative of the Civil Service Commission. The agency representative may, in writing, indicate with the submitted petition a recommended approval or rejection of the petition for specified reasons. The agency representative shall notify the petitioner of the submission to the Commission representative. If additional information is required of the petitioner, the agency representative shall forward the petition with organizational chart and the additional information to the appropriate representative of the Civil Service Commission within 10 days of receipt of the petitioner's response to the request for additional information.

5. A representative of the Civil Service Commission shall review the petition filed pursuant to (c)4 above, request additional information, if needed, order a desk audit, where warranted, and issue a written decision letter. The decision letter shall be issued within 180 days, which may be extended for good cause, of receipt of the petition and all completed documentation as required by the representative of the Civil Service Commission, and shall:

i. Where the agency representative, Commission representative, program manager/division director, and petitioner are in agreement with the proposed title, issue an abbreviated decision letter; or

ii. Where the agency representative, Commission representative, program manager/division director, and petitioner are not in agreement with the proposed title, include a summary of the duties of the position, findings of fact, conclusions, a notice to an employee or authorized employee representative of appeal rights to the Civil Service Commission, and a determination that:

(1) The position is properly classified;

(2) The position is properly classified, but that out-of-title duties are being performed, in which case the Commission representative shall order, in writing, the immediate removal of inappropriate duties within a specified period of time; or

(3) The position should be reclassified, in which case, normal reclassification procedures shall be initiated immediately.

(d) In local service, a petition from an employee, union representative, or appointing authority shall be submitted, in writing, to the appropriate representative of the Civil Service Commission. The petition must identify the specific duties that do not conform to the specification for the title and, if the petitioner proposes a different title for the position, an explanation of how that existing title more accurately describes the duties of the position than the current or proposed title. If requested by a representative of the Commission, the petition shall also include a completed position classification questionnaire and an organizational chart. If the petitioner's supervisor has not signed the questionnaire within 15 working days, which may be extended for good cause, of receipt of the questionnaire from the petitioner, the petitioner may forward the questionnaire to the appropriate representative of the Commission without the supervisor's signature but with a notation of the date of presentation to the supervisor.

1. A representative of the Civil Service Commission shall review the petition, request additional information if needed, order a desk audit where warranted, and issue a written decision letter. The decision letter shall be issued within 180 days, which may be extended for good cause, of receipt of the petition and of all completed documentation as required by the Commission representative, and shall include a summary of the duties of the position, findings of fact, conclusions, a notice to the employee or authorized employee representative of appeal rights to the Civil Service Commission, and a determination that:

i. The position is properly classified;

ii. The position is properly classified, but that out-of-title duties are being performed, in which case the Commission representative shall order, in writing, the immediate removal of inappropriate duties; or

iii. The position should be reclassified, in which case normal reclassification procedures shall be initiated.

(e) Appeals from the decision of the Commission representative to the Civil Service Commission pursuant to (c) 4 and 5 or (d) above may be made by an employee, authorized employee representative, or local appointing authority. The appeal shall be submitted in writing within 60 days, which may be extended for good cause, of receipt of the decision letter and include copies of all materials submitted, the determination received from the lower level, statements as to which portions of the determination are being disputed, and the basis for appeal. Information and/or arguments that were not presented at the prior level of appeal shall not be considered. When new information and/or arguments are presented, the appeal may be remanded to the prior level.

1. The Civil Service Commission may render a decision based on the written record or appoint an independent classification reviewer. If the Commission appoints an independent classification reviewer to conduct an informal review of the appeal, all parties will be advised of the review date and given the opportunity to present their arguments before the reviewer. An employee may be represented by counsel or by a union representative.

2. The classification reviewer shall submit a report and recommendation to the Commission within 30 days of the review. The report and recommendation shall include an analysis of the duties of the position as they relate to the job specification, findings, conclusions, and the recommendation. The report and recommendation shall be sent to all parties with notice that exceptions are to be filed within 15 days of receipt of the report and recommendation. Exceptions must be served on all parties. If exceptions are filed, cross-exceptions may be filed within 10 days of receipt of exceptions.

3. If an appeal is granted by the Civil Service Commission, the effective date of implementation shall be:

i. In State service, the pay period immediately after 14 days from the date an appropriate Civil Service Commission representative first received the appeal or reclassification request, or at such earlier date as directed by the Commission; or

ii. In local service, the date an appropriate representative of the Commission first received the appeal or reclassification request, or at such earlier date as directed by the Commission.

4. The decision by the Commission is the final administrative determination.

(f) See N.J.A.C. 4A:10-2for enforcement of determinations by the Commission.

N.J. Admin. Code § 4A:3-3.9

Amended by 46 N.J.R. 1331(c), effective 6/2/2014.

Amended by 51 N.J.R. 1115(a), effective 7/1/2019

Modified by Executive Order No. 103(2020) 52 N.J.R. 971(a), effective 4/9/2020