New York Codes, Rules and Regulations
Title 4 - DEPARTMENT OF CIVIL SERVICE
Chapter III - Performance Rating Rules
Part 35 - Administration Of Performance Rating
Section 35.5 - Powers and duties of the agency
Universal Citation: 4 NY Comp Codes Rules and Regs ยง 35.5
Current through Register Vol. 46, No. 12, March 20, 2024
(a) For purposes of increment and promotion eligibility:
(1) Each agency shall rate, in the manner or
form prescribed or approved, the performance of each employee who will have
completed three months' continuous service as of the last day of the rating
period.
(2) Each employee shall, so
far as reasonably possible, be rated by the person or persons who supervised
his work or who was responsible for the supervision of his work during the
rating period. However, no employee shall be rated by a provisionally-promoted
supervisor with whom he may compete in a promotion examination. The rating
shall be reviewed by one or more successive levels of supervision. In the event
of a difference of opinion as to the rating of an employee, a final
determination shall be made by the agency head or by a person so designated by
that agency head.
(3) Except where
an unsatisfactory rating is appealed to the Civil Service Commission, the
agency head is empowered to make the final rating of any employee of his
agency.
(4) Each agency shall
notify each of its employees of his satisfactory or unsatisfactory performance
rating, provide the employee an opportunity to review his rating with his
supervisor, and give to each employee whose performance is rated as
unsatisfactory a copy of his rating.
(5) Each agency shall withhold the salary
increment of any employee whose performance is rated as
unsatisfactory.
(6) Each agency
shall insure so far as practicable that rating standards are applied uniformly
within the agency.
(b) For purposes of employee development and effective utilization of employee abilities:
(1) Each agency shall develop and
administer, subject to the approval of the Department of Civil Service,
procedures for the continuing appraisal of the performance, conduct, skills and
abilities of its employees.
(2) An
employee shall be given an opportunity to examine any written appraisal of his
performance, conduct, skills and abilities, to discuss the same with his
supervisor, and to submit comments thereon to his supervisor and agency
head.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.