N.Y. Comp. Codes R. & Regs. tit. 9 § 156.8

Current through Register Vol. 46, No. 43, October 23, 2024

Section 156.8 - Summary rating review procedure

(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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 156.8