Current through Register Vol. 46, No. 12, March 20, 2024
(a)
Agency review board.
(1) Each agency will
establish one or more performance evaluation review boards, as necessary and as
appropriate within a given agency, to consider requests for review of summary
ratings from employees whose performance has been summarized as below
minimum.
(2) The agency review
board will consist of three members from among employees in the agency whose
positions have been either designated managerial or assigned to the
Professional, Scientific and Technical Services (PS&T) Negotiating Unit.
One member designated managerial will be appointed by the agency head or
his/her designee; one member will be appointed by the president of the Public
Employees Federation (PEF) or his designee; and the third member will be
appointed jointly by both parties from a list of mutually acceptable employees
within the agency who are eligible to serve on the board.
(3) The agency review board will review the
employee's request and make a recommendation to the agency head, or his/her
designee, who will make the final decision in the agency with respect to the
employee's request. A board member who participated in the development of an
employee's evaluation report shall not participate in the review of the
employee's request, nor shall an agency head, or his/her designee, who may be
responsible for the final decision in the agency concerning the employee's
evaluation, participate in deliberations of the agency review board.
(b) Statewide review board. The
statewide performance evaluation review board is a three-member panel
established for the purpose of reviewing determinations of the agency head or
his/her designee in instances where an employee's performance continues to be
summarized as below minimum and the employee requests a review of that
decision. One member is appointed by the president of PEF, or his designee; one
member is appointed by the Director of the Governor's Office of Employee
Relations, or his designee; and a third member, appointed by mutual agreement
of the president of PEF and the Director of the Governor's Office of Employee
Relations, or their designees.
(c)
General procedures.
(1) Eligibility.
Employees who are not on probation and who are rated below minimum may seek to
raise their summary rating through the review process.
(2) Subject of review. Employees may use the
review process only to request a review of their summary rating. Disputes of
such issues as the individual performance program and the rating and review
process are not reviewable. Also, ratings of effective and dollar amounts of
performance advances are not subject to review.
(3) Timing.
(i) Employees have 14 calendar days from
receipt of their summary rating in which to submit a request for
review.
(ii) Employees whose below
minimum rating is sustained at the agency level will have 14 calendar days from
receipt of the decision of the agency head or his/her designee to submit a
further request to the statewide performance evaluation review board.
(iii) In considering the issue of timeliness,
the general rule should be to accept the submission of the request based upon
the date that the employee received a copy of his/her completed evaluation
report.
(4) Personal
appearances by appellant.
(i) Employees
requesting a review of their rating are entitled to make a personal appearance
before both the agency and statewide review board and are entitled to
representation by PEF or by a personal representative of their own choosing in
any such personal appearance.
(ii)
An employee making a personal appearance before a review board during the
employee's normal duty hours will be allowed excused time for such an
appearance, to include necessary travel time. Any time and expenses incurred by
an employee in preparing and presenting a request for review are the
responsibility of the employee.
(5) Conduct of review. The agency and
statewide review boards' consideration of a request for review will consist
primarily of a review of the record. Generally, the record will consist of the
performance evaluation report and any written statements presented by the
employee and on behalf of management.