New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 3 - CLASSIFICATION › Section 4A:3-3.9 - Position review request and appeal procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(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.