N.Y. Comp. Codes R. & Regs. tit. 9 § 149.7

Current through Register Vol. 46, No. 50, December 11, 2024

Section 149.7 - Performance evaluation appeals

(a) Levels of appeal.

(1) Local level. An employee who disagrees with his/her assigned rating may appeal, within 14 calendar days of receipt of the rating, to a local management review board and seek to have the rating raised to the next higher level. If the organization of an agency is such that there is no need for a local board, this step in the process may be omitted. The local board will consider the appeal and issue a written determination within 14 calendar days of receipt of the appeal.

(2) Agency level. An employee who is rated as good or lower, and whose appeal has been denied at the local level, may appeal to a management review board at the agency level and seek to have his/her rating raised to the next higher level. An appeal to the agency board must be submitted within 14 calendar days of receipt of the decision of the local board. The agency board will consider the appeal and will issue a determination within 21 calendar days of the receipt of the appeal.

(3) Security Services Unit Appeals Board. An employee who is rated as unsatisfactory and whose appeal has been denied at the agency level may appeal to a board established jointly by the State and Council 82. This board will consist of one management representative, one union representative and, when necessary, a chairperson mutually agreed upon. An appeal to the unit appeals board must be submitted within 14 calendar days of receipt of the decision of the agency board. The unit appeals board will consider the appeal and issue a determination within 60 calendar days of receipt of the appeal.

(b) Representation. An employee may be represented by a person designated by Council 82 at the appropriate level (local president or designee shall designate at the local level; executive director or designee shall designate above the local level) at each step in the appeal process if he/she so chooses.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 149.7