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State of New Jersey, Civil Service Commission
Governor Chris Christie • Lt.Governor Kim Guadagno
 
 

SUBCHAPTER 3. CLASSIFICATION


4A:3-3.1 Classification of positions
(a) Each position in the career and unclassified services shall be assigned by the Department of Personnel to a job title.

(b) Positions in the career service shall, on the basis of job analysis, be assigned the title which:

1. Describes the duties and responsibilities to be performed and the level of supervision exercised and received;

2. Establishes the minimum education and experience qualifications necessary for successful performance; and

3. In State service, sets the level of compensation.

(c) Assigned job titles shall be used in all records and communications relating to personnel and payroll, including budgets. Appointing authorities may designate appropriate descriptive titles to be used for other purposes, such as correspondence with the public.

(d) Titles shall be identified by language which does not specify or imply a fixed gender.

(e) See N.J.A.C. 4A:3-3.9 for classification appeal procedures.

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(a) The Civil Service Commission shall establish and maintain classification plans for all job titles in the career, senior executive, and unclassified services.

(b) The classification plans shall consist of:

1. A list of job titles;

2. A job specification for each title, which shall include a descriptive summary of duties and responsibilities of a position or group of positions which are sufficiently similar in content to be assigned a job title; and

3.  A list of job bands to which titles have been assigned (see N.J.A.C. 4A:3-3.2A).

(c) A single specification may be used for a title series or job band. In such cases, the distinction between different titles in the series or levels in the job band, as the case may be, will be set forth in the specification.

(d) To the extent feasible, the same job titles shall be used in the State and local classification plans.

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(a) The job banding program, in the interest of efficiency, facilitates advancement appointments of qualified employees to the next higher title level within a job band when a vacancy exists. 

(b) The Civil Service Commission shall review titles and title series in State service to determine whether they are appropriate for job banding.

1. This determination shall be guided by whether a movement from one position to a higher level position may be achieved based on an evaluation of relative knowledge, skills, and abilities without resorting to competitive examination procedures, while still satisfying the State Constitutional and statutory mandate for merit and fitness in selections and appointments.

2.  The Chairperson or designee shall approve a specific number of competencies for each title level that an employee must attain to advance from a lower title level to the next higher title level.

3.  Job titles in the Police and Firemen's Retirement System (PFRS) shall not be included in job banding.

4.  Any job banding program approved prior to June 2, 2014, pursuant to the Commission's authority under the law, such as the Judiciary's job banding program, can continue without adopting the changes provided in Title 4A.

(c) Each title assigned to a job band shall thereafter be considered a title level.  Movement from a lower title level to the next higher title level within a band shall be considered an advancement appointment.  An involuntary movement from a higher title level to the next lower title level within a band, except for failure of the developmental period as set forth in (f) below, shall be considered a major disciplinary demotion.  See N.J.A.C. 4A:2-2.

     1. An employee may file a grievance regarding the appropriateness of the title level in which he or she is serving, in accordance with N.J.A.C. 4A:2-3 and 4A:3-3.9, as applicable.

(d) Eligibility for advancement appointment to the next higher level within a band requires that an employee attain a predetermined number of competencies approved by the Chairperson or designee in accordance with (b)2 above.  Prior to attaining the predetermined number of competencies, an employee's competencies shall be evaluated twice a year, concurrently with an employee's Performance Assessment Review (PAR).  (See N.J.A.C. 4A:6-5.) 

1. When an appointing authority determines a need to fill a position at a particular level within a band, it may consider for advancement appointment all employees who have attained the predetermined competencies.

2. The appointing authority shall notify all employees of the advancement appointment opportunity by the conspicuous posting of a notice at all work sites where the announced advancement appointment may occur, as well as on the appointing authority's intranet and internet web sites, and via electronic communication.

i. Those interested employees serving in the level immediately below the higher level within the band to be filled who have demonstrated attainment of the required competencies shall be provided with a notice by the appointing authority and offered the opportunity to file a resume for consideration.

ii. Notices shall include the same information as required by N.J.A.C. 4A:4-2.1(c) and shall be posted for a period of no less than 14 calendar days prior to commencement of the advancement appointment selection process conducted by the appointing authority, with electronic communications to employees sent at least 14 days prior to commencement of the process.

3. Once an appointing authority determines which eligible employees are interested, it shall conduct an advancement appointment selection process and make a determination as to which employee or employees may receive an advancement appointment. 

                        i. Whenever a veteran ranks highest in the advancement appointment selection process, a nonveteran shall not be appointed unless the appointing authority shows cause before the Civil Service Commission why the veteran shall not receive the advancement appointment.

ii. When the advancement appointment selection process results in a tie between a veteran and a nonveteran, the veteran shall be offered the advancement appointment.

iii. An employee who is not selected for an advancement appointment may file a grievance in accordance with N.J.A.C. 4A:2-3, unless (d)3iv below applies.

iv. If the employee's non-selection is raised by that employee in a discrimination appeal under N.J.A.C. 4A:7-3, the model procedures for internal complaints alleging discrimination in the workplace at N.J.A.C. 4A:7-3.2 shall apply. Should the appeal reach the Civil Service Commission, the Commission, in determining the appeal, shall also decide the issues pertaining to non-selection.

(e) Once an employee accepts an advancement appointment, the employee shall be compensated in accordance with N.J.A.C. 4A:3-4.9, within the salary range established for that title level within the band. 

1. An employee's anniversary date shall be set in accordance with N.J.A.C. 4A:3-4.5.

(f) All advancement appointments are subject to a six-month developmental period that commences upon the employee's selection for an advancement appointment.  This developmental period shall serve as a transition between the employee's prior title level and the higher title level.

1. Upon successful completion of the six-month developmental period, the employee shall remain in the higher title level.

2. Should the employee fail the six-month developmental period, he or she shall be returned to his or her prior title level.

i. An employee may appeal his or her failure of the six-month developmental period by filing a grievance in accordance with N.J.A.C. 4A:2-3.

(g)  If an employee receives an unsatisfactory final PAR rating, he or she shall again be required to demonstrate the attainment of the predetermined competencies corresponding to the title level in which the employee is serving.

(h) An appointing authority may, as a result of an employee's unsatisfactory final PAR rating, effect an involuntary demotion of the employee in accordance with major disciplinary procedures. See N.J.A.C. 4A:2-2.

(i) The movement to a supervisory title outside of the band shall be effected through promotional examination procedures.  The movement from a title level within a band to a higher title level in a different band, or from a non-banded title to a title level within a band, may be authorized by the Chairperson or designee when the appointing authority has certified that the employee meets the predetermined competencies corresponding to the title level to which the employee is to move.

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4A:3-3.3 Administration of classification plans
(a) The job banding program, in the interest of efficiency, facilitates advancement appointments of qualified employees to the next higher title level within a job band when a vacancy exists. 

(b) The Civil Service Commission shall review titles and title series in State service to determine whether they are appropriate for job banding.

1. This determination shall be guided by whether a movement from one position to a higher level position may be achieved based on an evaluation of relative knowledge, skills, and abilities without resorting to competitive examination procedures, while still satisfying the State Constitutional and statutory mandate for merit and fitness in selections and appointments.

2.  The Chairperson or designee shall approve a specific number of competencies for each title level that an employee must attain to advance from a lower title level to the next higher title level.

3.  Job titles in the Police and Firemen's Retirement System (PFRS) shall not be included in job banding.

4.  Any job banding program approved prior to June 2, 2014, pursuant to the Commission's authority under the law, such as the Judiciary's job banding program, can continue without adopting the changes provided in Title 4A.

(c) Each title assigned to a job band shall thereafter be considered a title level.  Movement from a lower title level to the next higher title level within a band shall be considered an advancement appointment.  An involuntary movement from a higher title level to the next lower title level within a band, except for failure of the developmental period as set forth in (f) below, shall be considered a major disciplinary demotion.  See N.J.A.C. 4A:2-2.

     1. An employee may file a grievance regarding the appropriateness of the title level in which he or she is serving, in accordance with N.J.A.C. 4A:2-3 and 4A:3-3.9, as applicable.

(d) Eligibility for advancement appointment to the next higher level within a band requires that an employee attain a predetermined number of competencies approved by the Chairperson or designee in accordance with (b)2 above.  Prior to attaining the predetermined number of competencies, an employee's competencies shall be evaluated twice a year, concurrently with an employee's Performance Assessment Review (PAR).  (See N.J.A.C. 4A:6-5.) 

1. When an appointing authority determines a need to fill a position at a particular level within a band, it may consider for advancement appointment all employees who have attained the predetermined competencies.

2. The appointing authority shall notify all employees of the advancement appointment opportunity by the conspicuous posting of a notice at all work sites where the announced advancement appointment may occur, as well as on the appointing authority's intranet and internet web sites, and via electronic communication.

i. Those interested employees serving in the level immediately below the higher level within the band to be filled who have demonstrated attainment of the required competencies shall be provided with a notice by the appointing authority and offered the opportunity to file a resume for consideration.

ii. Notices shall include the same information as required by N.J.A.C. 4A:4-2.1(c) and shall be posted for a period of no less than 14 calendar days prior to commencement of the advancement appointment selection process conducted by the appointing authority, with electronic communications to employees sent at least 14 days prior to commencement of the process.

3. Once an appointing authority determines which eligible employees are interested, it shall conduct an advancement appointment selection process and make a determination as to which employee or employees may receive an advancement appointment. 

                     i. Whenever a veteran ranks highest in the advancement appointment selection process, a nonveteran shall not be appointed unless the appointing authority shows cause before the Civil Service Commission why the veteran shall not receive the advancement appointment.

ii. When the advancement appointment selection process results in a tie between a veteran and a nonveteran, the veteran shall be offered the advancement appointment.

iii. An employee who is not selected for an advancement appointment may file a grievance in accordance with N.J.A.C. 4A:2-3, unless (d)3iv below applies.

iv. If the employee's non-selection is raised by that employee in a discrimination appeal under N.J.A.C. 4A:7-3, the model procedures for internal complaints alleging discrimination in the workplace at N.J.A.C. 4A:7-3.2 shall apply. Should the appeal reach the Civil Service Commission, the Commission, in determining the appeal, shall also decide the issues pertaining to non-selection.

(e) Once an employee accepts an advancement appointment, the employee shall be compensated in accordance with N.J.A.C. 4A:3-4.9, within the salary range established for that title level within the band. 

1. An employee's anniversary date shall be set in accordance with N.J.A.C. 4A:3-4.5.

(f) All advancement appointments are subject to a six-month developmental period that commences upon the employee's selection for an advancement appointment.  This developmental period shall serve as a transition between the employee's prior title level and the higher title level.

1. Upon successful completion of the six-month developmental period, the employee shall remain in the higher title level.

2. Should the employee fail the six-month developmental period, he or she shall be returned to his or her prior title level.

i. An employee may appeal his or her failure of the six-month developmental period by filing a grievance in accordance with N.J.A.C. 4A:2-3.

(g)  If an employee receives an unsatisfactory final PAR rating, he or she shall again be required to demonstrate the attainment of the predetermined competencies corresponding to the title level in which the employee is serving.

(h) An appointing authority may, as a result of an employee's unsatisfactory final PAR rating, effect an involuntary demotion of the employee in accordance with major disciplinary procedures. See N.J.A.C. 4A:2-2.

(i) The movement to a supervisory title outside of the band shall be effected through promotional examination procedures.  The movement from a title level within a band to a higher title level in a different band, or from a non-banded title to a title level within a band, may be authorized by the Chairperson or designee when the appointing authority has certified that the employee meets the predetermined competencies corresponding to the title level to which the employee is to move. top of page


No person shall be appointed or employed under a title not appropriate to the duties to be performed nor assigned to perform duties other than those properly pertaining to the assigned title which the employee holds, unless otherwise provided by law or these rules.

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(a) When the duties and responsibilities of a position change to the extent that they are no longer similar to the duties and responsibilities set forth in the specification and the title is no longer appropriate, the Chairperson of the Civil Service Commission or designee, shall after review:

1. Reclassify the position to a more appropriate title if there is one;

2. Establish a new title to which the position shall be reclassified; or

3. Take other appropriate action based on the organizational structure of the appointing authority.

 (b) An appointing authority may request a classification review by the Chairperson of the Commission or designee in a manner and form as determined by the Chairperson or designee. Such review may be initiated by the Chairperson of the Commission or designee. An employee or union representative may request a classification review in accordance with N.J.A.C. 4A:3-3.9.

(c) No reclassification of any position shall become effective until notice is given to affected permanent employees and approval is given by an appropriate Commission representative.

1. Within 30 days of receipt of the reclassification determination, unless extended by the Chairperson or designee in a particular case for good cause, the appointing authority shall either effect the required change in the classification of an employee's position; assign duties and responsibilities commensurate with the employee's current title; or reassign the employee to the duties and responsibilities to which the employee has permanent rights. Any change in the classification of a permanent employee's position, whether promotional, demotional, or lateral, shall be effected in accordance with all applicable rules.

2. Should an employee in the career or unclassified service in State or local service, or an appointing authority in local service, disagree with a reclassification determination, an appeal to the Civil Service Commission may be filed in accordance with N.J.A.C. 4A:3-3.9.  In State service, appeals pertaining to an employee's title level within his or her particular job band are governed by N.J.A.C. 4A:3-3.9(c)4, 5, and 6.

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(a) The Civil Service Commission may determine that a new title, title series, or job band is necessary, when it is found that a new set of functions is assigned to the position(s) being reviewed and these new functions are not appropriately described by an existing title, title series, or job band.

(b) Requests for new titles, title series, or job bands must be submitted in writing by the appointing authority to an appropriate representative of the Civil Service Commission on a designated form. In State service, such requests shall be submitted by the agency representative. The request must include:

1. A detailed explanation of why the new title is needed and why an existing title cannot be used or specification modified;

2. Designation of any title to be abolished or replaced; and

3. Any other information requested by the Commission representative.

(c) If the Commission representative determines that there is a need for a new title, title series, or job band, new job specification(s) will be prepared and in State service the title, series, or band will be evaluated for compensation purposes.

(d) Pending approval by the appropriate Commission representative of a new title, title series, or job band, the designation "Tentative Title" may be used for affected positions. See N.J.A.C. 4A:3-4.15 for compensation procedures in State service.

(e) In State service, appeals from a salary evaluation of a new title will be processed in accordance with N.J.A.C. 4A:3-4.3.

(f) The effective date of the creation of a new title by the appropriate Commission representative will be:

1. In State service:

i. The beginning of the pay period immediately after 14 days from the date the appropriate Commission representative receives the new title request and all requested information;

ii. The date of appointment to the Tentative Title; or

iii. An appropriate date as established by the Commission representative when a classification review has been initiated by the Commission representative; or

2. In local service, an appropriate date as established by the Commission representative.

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(a) Trainee, apprentice, recruit, and intern titles may be established in State and local service to provide for entry level employment.

1. Unless otherwise specified, this section applies to all titles designated by the term "trainee" and to other titles where the job specification necessitates the application of this section, such as apprentice, recruit, and intern titles. 

2. A single trainee title may provide entry level employment for more than one title, title series, or job band, under appropriate circumstances.

3. In State service, trainee positions are established by the temporary downward classification of another title.

(b) Positions in competitive trainee titles may only be filled by regular appointments from open competitive, promotional, regular, or special reemployment lists, or, in the absence of such lists, by provisional appointments. Positions in noncompetitive trainee titles may only be filled by regular appointments, including appointments from regular or special reemployment lists. Eligibility for promotion to a trainee title shall include open competitive requirements.

(c) Upon regular appointment, trainees must successfully complete a working test period.

(d) The duration of the training period shall be as follows:

1.  In the case of trainees and recruits only, the length of the training period shall be designated in the job specification for the particular title. 

i.   The designated length of a training period for a trainee (not an apprentice, recruit, or intern) title shall not be longer than 12 months, unless otherwise provided by law.

ii.  The length of a training period for a recruit title may vary in accordance with the applicable job specification or be determined by separate regulatory requirements; or

2.  The length of a training period for an apprentice or intern title shall be not less than 12 months and not more than the length of time provided in the applicable job specification to successfully complete the training period, as determined by the time permitted for completion of formal coursework and preparatory training, and, where applicable, attainment of any required certifications, permits, and/or licenses.

(e)  The training period must be continuous, except if interrupted by leave or layoff from the title.

(f)  The training period may include provisional service in the case of a trainee title.

(g)  The training period may include service of the trainee, recruit, apprentice, or intern in a higher related title.

(h) In the case of trainees (not apprentices, recruits, or interns), the training period shall be extended, upon approval by the Chairperson of the Civil Service Commission or designee, beyond the time designated in the job specification when:

1. The trainee has not yet completed the working test period; or

2. A trainee is serving provisionally and an eligible list for the title has not yet been issued.

(i) In the case of trainees, apprentices, recruits, and interns, the training period may be reduced, upon approval by the Chairperson of the Civil Service Commission or designee, to a shorter period than designated in the specification when:

1. The employee has completed the working test period;

2. The employee meets the minimum qualifications for the primary title; and

3. All employees in the same title subject to the training period in the same appointing authority who meet the conditions specified in (i)1 and 2 above are provided with a reduced training period.

(j) The advancement of the successful, permanent trainee, apprentice, recruit, or intern, as applicable, to the appropriate primary title shall be accomplished without the usual promotional examination process, but rather by regular appointment of the employee to the appropriate primary title.

1. To effect advancement, the appointing authority must certify the employee's successful completion of the training period, as well as, where the job specification for the primary title so provides, the satisfaction of any and all additional requirements beyond the trainee requirements, such as obtaining a license, completing extra training, or attaining a particular proficiency standard.

2. In State service, advancement to a primary title shall coincide with the beginning of a pay period.

3. The failure of a permanent employee to successfully complete the training period as indicated in the job specification shall be considered a cause for separation.

4. Trainees, apprentices, recruits, or interns, as applicable, who are advanced to a primary title, shall be required to complete a working test period in the primary title. Employees who fail to successfully complete a working test period in the primary title have no right to return to the trainee, apprentice, recruit, or intern title.

(k)  For anniversary date changes in State service when a trainee, apprentice, recruit, or intern receives a regular appointment to the primary title, see N.J.A.C. 4A:3-4.5.

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(a) The regular appointment of an employee to the title of Police Assistant shall be in the competitive division of the career service. An employee so appointed shall meet the minimum requirements set forth in the job specification and satisfactorily complete a working test period. See N.J.A.C. 4A:4-5.2(d).

(b) Removal of an employee serving permanently in the title of Police Assistant shall be done in accordance with major disciplinary procedures. See N.J.A.C. 4A:2-2.

(c) Subject to the provisions of (d) below, an employee serving permanently in the title of Police Assistant who meets one or more of the following conditions shall be removed from the Police Assistant title for cause:

1. Unsatisfactory performance rating, notwithstanding satisfactory completion of the working test period;

2. Failure to satisfactorily complete the Police Academy Special Law Enforcement Officer Class 1 Training Program, or equivalent, provided by the appointing authority;

3. Failure to meet the criteria for promotional eligibility by the announced closing date;

4. Failure to apply for the examination for the title of Police Officer when the employee meets the criteria for promotional eligibility by the announced closing date;

5. Failure of the examination for the title of Police Officer; or

6. One or more of the general causes for discipline set forth in N.J.A.C. 4A:2-2.3.

(d) In lieu of removing the employee for cause, the appointing authority alternatively may choose to transfer the employee, in accordance with N.J.A.C. 4A:4-7.1, or otherwise move the employee, to a different, vacant title. However, under no circumstances may an employee who meets one or more of the conditions in (c) above continue to serve in the Police Assistant title.

(e) An employee serving permanently for a minimum of one year in the Police Assistant title shall be considered eligible to take a promotional examination for the title of Police Officer, provided that the employee also satisfies the criteria set forth in N.J.A.C. 4A:4-2.4 and 2.6 for promotional examinations.

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(a) The appointment of an employee to the title of Correction Officer Apprentice shall be a temporary appointment from a certification of Correction Officer Recruit eligibles on an entry-level law enforcement eligible list.  The purpose of this temporary appointment is to ensure that individuals so appointed shall receive training appropriate to the duties of a Correction Officer Recruit in accordance with the Police Training Act.  See N.J.S.A. 52:17B-66 et seq.

(b) Notwithstanding the employee's temporary appointment in State service, the employee shall not accrue seniority for purposes of layoffs (N.J.A.C. 4A:8-2.4) or vacation leave accruals (N.J.A.C. 4A:6-1.2) while serving in the title of Correction Officer Apprentice.

(c) The length of the period of temporary appointment to the title of Correction Officer Apprentice shall be established by the Department of Corrections; provided, however, that the length of this period shall be the same for all employees receiving the appointment from the same certification, but in no case longer than six months.

(d) Upon successful completion of the residential training program required by the Police Training Act, and in-service training provided by the Department of Corrections under the authority of the Police Training Commission, the employee serving in the title of Correction Officer Apprentice shall receive a regular appointment to the title of Correction Officer Recruit.

(e) An individual who receives a regular appointment to the title of Correction Officer Recruit in accordance with (d) above but who had permanent status in another title in State service as of the time of temporary appointment shall be considered to have been on an unpaid leave of absence from his or her original State position during the period of temporary appointment.  Such permanent service prior to the leave of absence shall be aggregated to calculate the employee's seniority for layoff purposes as well as to determine his or her vacation benefit at the time of the employee's regular appointment to the title of Correction Officer Recruit.

(f)  Notwithstanding any provisions in Title 4A of the New Jersey Administrative Code to the contrary, employees receiving a temporary appointment to the title of Correction Officer Apprentice shall not have any appeal rights to the Civil Service Commission during the period of temporary appointment.  Such employees' sole right of appeal shall be to the Police Training Commission.  See N.J.A.C. 13:1-11.

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(a) In State service and in local service upon approval of the Commissioner of Personnel, the designation "intermittent" shall be used for those titles in the career service where work responsibilities are characterized by unpredictable work schedules and which do not meet the normal criteria for regular, year-round, full-time or part-time assignments. State employees who hold full-time primary employment in State service are not eligible to serve in an intermittent title.

(b) In State service, employees may be subject to furlough when due to managerial needs, the employee cannot be scheduled for work within the next week.

1. A furlough shall not be considered a layoff, nor shall the notice obligations or layoff rights set forth in N.J.A.C. 4A:8 be applicable to intermittent employees subject to furlough. However, reasonable advance written notice shall be given to furloughed employees.

2. Furloughing shall be done in the inverse order of seniority in the designated work unit based on official records at the end of the last pay period. Prior to use by the appointing authority, designated work units must be submitted to and approved by the Department of Personnel.

3. Recall from furlough shall be made in seniority order from among furloughed employees assigned to the designated work unit. Employees who hold full-time primary employment in State service are exempt from the recall provision.

4. In case of equal seniority, the tie shall be broken based on the number of hours in pay status under temporary employment during the last two years immediately preceding conversion to an intermittent title.

5. Recall may be extended on a regional or Statewide basis if the recall list for the designated work unit is exhausted.

6. Additional furlough procedures may be set by the Commissioner.

(c) Records for intermittent employees, including hours worked, recall lists, telephone contact lists and benefit time accumulation, shall be maintained by the appointing authority in a manner acceptable to, and subject to audit by, the Department of Personnel. If the Department's audit of a title demonstrates that the intermittent designation is inappropriate, the Department shall convert the title to a regular, year-round, full-time or part-time career service title. An incumbent in the converted title shall receive a provisional appointment to the title, subject to competitive testing and certification procedures. See N.J.A.C. 4A:4.

(d) See N.J.A.C. 4A:4-5.2 for working test periods for intermittent employees in State service.

(e) In local service, an appointing authority may request that the Commissioner establish intermittent titles.

1. The local appointing authority shall submit to the Commissioner a proposal, which shall specify:

i. A list of proposed intermittent titles;

ii. The prorated amounts of paid leave time;

iii. The prorated length of the working test period for employees serving in such titles; and

iv. A compensation plan which shall identify the per diem or hourly rates for all intermittent titles.

2. The local appointing authority shall not make intermittent appointments unless the intermittent titles have been approved by the Commissioner. Such appointments shall be made in accordance with procedures on appointments made to career service positions within the noncompetitive division. See N.J.A.C. 4A:3-1.2.

3. The local appointing authority shall retain all records concerning intermittent employment, subject to Department of Personnel audit, and submit to the Department on an annual basis a report identifying all intermittent appointments made during the year, the intermittent employees' length of employment and the titles utilized for these intermittent appointments.

(f) The following chart indicates the amount of vacation, sick and administrative leave to which intermittent employees in State service are entitled based on accumulated hours of work. See N.J.A.C. 4A:6-2.4(b) for holiday pay in State service.

LEAVE ENTITLEMENTS-INTERMITTENT EMPLOYEES (STATE SERVICE)

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(a) An appeal from the classification or reclassification of a position is a request for review, 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 appeal by an employee or union representative shall be made in writing.  The appeal shall include a position classification questionnaire completed by the appellant, and shall specify the title which the appellant 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 appellant's description of job duties, the appellant's cited percentage of time spent on each duty, and the title proposed by the appellant 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 appellant's description of job duties, the appellant's cited percentage of time spent on each duty, and the title proposed by the appellant 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 of the employee's submission of the appeal 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 appellant's most recent PAR form (see N.J.A.C. 4A:6-5).

4.  In the case of an employee challenging his or her title level within a job band, the agency representative shall review the appeal and determine one of the following:

i. The position is properly placed at the existing title level;

ii. The position is properly placed at the existing title level, but that duties of a different title level are being performed, in which case the appointing authority shall immediately remove all inappropriate duties; or

iii. The position should be placed at a different title level.

5.  If an employee serving in a job band title is found to be performing duties at a higher level in the band, the appointing authority:

i. May post a notice of advancement appointment opportunity for the position and select the employee who has demonstrated the attainment of the required competencies for that level (see N.J.A.C. 4A:3-3.2A(d)); or

ii. If the incumbent employee has not demonstrated the attainment of the required competencies, shall remove the higher level duties.

6.  If an appellant challenging his or her title level disagrees with the determination rendered by the agency representative, the appellant may file a grievance appeal regarding job band title level issues.  See N.J.A.C. 4A:2-3.

i. The appointing authority shall notify the appropriate representative of the Civil Service Commission of the determination for recordkeeping purposes.

7. In the case of an appeal not pertaining to a title level within the employee's particular job band, the agency representative shall review the appeal, 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 appeal, the agency representative shall either notify the appellant that specific additional information is required, or forward the appeal with organizational chart to the appropriate representative of the Civil Service Commission.  The agency representative may in writing indicate with the submitted appeal a recommended approval or rejection of the appeal for specified reasons.  The agency representative shall notify the appellant of the submission to the Commission representative. If additional information is required of the appellant, the agency representative shall forward the appeal with organizational chart and the additional information to the appropriate representative of the Civil Service Commission within 10 days of receipt of the appellant's response to the request for additional information.

8. A representative of the Civil Service Commission shall review the appeal filed pursuant to (c)7 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 of receipt of the appeal and all completed documentation as required by the representative of the Civil Service Commission, and shall:

     i. Where the agency representative, Commission representative, and appellant are in agreement with the proposed title, issue an abbreviated decision letter; or

    ii.  Where the agency representative, Commission representative, and appellant 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, an appeal from an employee, union representative, or appointing authority shall be submitted, in writing, to the appropriate representative of the Civil Service Commission. The appeal must identify the specific duties that do not conform to the specification for the title and, if the appellant 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 appeal shall also include a completed position classification questionnaire and an organizational chart. If the appellant's supervisor has not signed the questionnaire within five working days of receipt of the questionnaire from the appellant, the appellant 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 appeal, 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 of receipt of the appeal 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)7 and 8 or (d) above may be made by an employee, authorized employee representative, or local appointing authority.  The appeal shall be submitted in writing within 20 days of receipt of the decision letter and include copies of all materials submitted, the determination received from the lower level, [and] statements as to which portions of the determination are being disputed, and the basis for appeal. Information and/or argument which was not presented at the prior level of appeal shall not be considered. When new information and/or argument is 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:10-2 for enforcement of determinations by the Commission.

 

 

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