(a) Any disputes involving the evaluation ratings given through the performance management program shall not be subject to the grievance procedures pursuant to Chapter 12 of the State of Wyoming Personnel Rules. Any disputes involving procedural compliance shall be subject to the Grievances and Appeals for Permanent Employees Chapter of the State of Wyoming Personnel Rules.
(b) Performance Appeal. A permanent employee receiving an overall rating of unsatisfactory shall have ten (10) days from receipt of the performance evaluation rating to submit an appeal to the permanent employee's performance evaluator. The appeal shall contain a brief and specific statement of the permanent employee's contentions as to why the rating is inaccurate and relief sought: - (i) The appeal shall include the specific facts, which establish that;
- (A) The overall unsatisfactory rating lacks supporting documentation; and / or
- (B) The evaluator disregarded factors and circumstances, which substantially support a higher rating and thereby deprived the employee of a performance evaluation rating based on job-related performance criteria.
(c) Response to Appeal. Within ten (10) days of receipt of the permanent employee's appeal, the performance evaluator shall review the information provided by the employee, review the evaluation, and provide a written response to the permanent employee that includes a brief and specific statement from the performance evaluator responding to the specific contentions of the permanent employee: - (i) Based on the review the evaluator may revise or maintain the employees rating(s).
(d) Appeal to Agency Head. Within ten (10) days of the evaluators response to the employees appeal and if the permanent employees overall performance evaluation rating remains as unsatisfactory, the employee shall have ten (10) days to submit in writing an appeal to the Agency Head: - (i) In the case where the permanent employees evaluator is the Agency Head, the employee shall have ten (10) days to submit in writing an appeal directly to the Human Resource Administrator;
- (ii) If the evaluator does not respond to the employees appeal, the employee shall have fifteen (15) days from the date that the appeal was submitted to the evaluator to submit in writing a request for review to the Agency Head;
- (iii) The permanent employee shall include in the appeal a brief and specific statement of the permanent employee's contentions and relief sought. The appeal to the Agency Head shall be directed specifically to the performance evaluator's evaluation and any response. The appeal to the Agency Head shall include specific facts, which establish that;
- (A) The overall "unsatisfactory" rating lacks supporting documentation; and/or
- (B) The evaluator disregarded factors and circumstances, which substantially support a higher rating and thereby deprived the employee of a performance evaluation rating based on job-related performance criteria.
(e) Response to Appeal to Agency Head. If the employee has filed a timely appeal, the Agency Head shall respond to the appeal within ten (10) days of receipt of the appeal: - (i) The Agency Head may delegate this authority in accordance with Chapter 1, Section 4(b)(ii), of the State of Wyoming Personnel Rules;
- (iii) The determination shall be in writing and may direct the evaluator to make any appropriate adjustment(s) to the employees evaluation.
(f) Appeal to the Human Resources Administrator. Within ten (10) days of receipt of the Agency Head or designees response to the employee's appeal, the employee may appeal, in writing, the Agency Head or designees response to the Human Resource Administrator: - (i) If the Agency Head does not respond to the employees appeal within ten (10)
days of the appeal, the employee shall have fifteen (15) days from the date that the appeal was submitted to the Agency Head to appeal, in writing, to the Human Resources Administrator;
- (ii) The Human Resources Administrator shall have fifteen (15) days after receipt of all documents and necessary information to make a determination on the employee's appeal. The Human Resources Administrator shall review the evaluation, the evaluators response, if any, and all documentation submitted by the performance evaluator, the employee and the Agency Head or designee;
- (iii) If the Human Resources Administrator determines that the Agency Head or designees response was contrary to the State Personnel Rules, state or agency policies, or law, or finds;
- (A) The overall unsatisfactory rating lacks supporting documentation; and / or
- (B) The evaluator disregarded factors and circumstances, which substantially support a higher rating and thereby deprived the employee of a performance evaluation rating based on job-related performance criteria, the Human Resources Administrator shall require the Agency Head to correct the evaluation;
- (iv) Should the Human Resources Administrator determine that there is a conflict of interest a designee shall be appointed by the Governor to review the appeal.
(g) Compliance with Procedure. If an employee does not comply with the deadlines in this section, the employee shall forfeit rights granted by this section for further appeal.
006-9 Wyo. Code R. § 9-12