Current through Register Vol. 46, No. 12, March 20, 2024
(a)
(1) The agency will establish one or more
performance evaluation review boards, as necessary and as appropriate, to
consider requests for review of summary ratings from employees whose
performance has been summarized as unsatisfactory or an equivalent
rating.
(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 Rent
Regulation Services 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 District Council 37 or his/her 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 unsatisfactory or an equivalent
rating and the employee requests a review of that decision. One member is
appointed by the President of District Council 37 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 District Council 37 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 unsatisfactory or an equivalent rating 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 other than an unsatisfactory or
equivalent rating and dollar amounts of performance advances are not subject to
review.
(3) Timing.
(i) Employees have 15 calendar days from
receipt of their summary rating in which to submit a request for
review.
(ii) Employees whose
unsatisfactory or equivalent rating is sustained at the agency level will have
15 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 appearance 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 District Council
37 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 board's 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.