Common use of Performance Evaluation Disputes Clause in Contracts

Performance Evaluation Disputes. An employee who is dissatisfied with a written performance evaluation which does not involve the denial of a performance incentive may obtain review of that evaluation through the following procedure, which shall be the sole and exclusive remedy for such disputes. A. An Overall Rating of Mid Acceptable or Higher: An employee who is dissatisfied with a written performance evaluation that includes an overall rating of mid acceptable or higher may attach a written rebuttal to his or her performance evaluation prior to finalization of the evaluation. B. An Overall Rating of Low Acceptable or Lower, or A Specific Rating of Unacceptable: An employee who receives an overall rating of low acceptable or lower, or a specific rating of unacceptable, may obtain review of that evaluation, or the specific area rated unacceptable, through the following procedure: The written request must state specifically the allegations to be investigated and, to the degree that information in support of those allegations is known, identify the facts surrounding the controversy. The list of allegations to be investigated shall not be expanded after the initial submission to the Employer except by written mutual agreement of the parties. Upon receipt of a written request, the Director shall transmit a copy of the request to the employee’s director or section manager if the employee works in the Division of Personnel and Labor Relations. The division director or section manager shall have thirty (30) days to assign an investigator outside the complaint’s direct chain of command to investigate and make written recommendations to the Director regarding revision of the evaluation, with a copy to the CEA. If a hearing is requested, every reasonable effort shall be made to schedule the hearing within thirty

Performance Evaluation Disputes. ‌ An employee who is dissatisfied with a written performance evaluation which does not involve the denial of a performance incentive may obtain review of that evaluation through the following procedure, which shall be the sole and exclusive remedy for such disputes. A. An Overall Rating of Mid Acceptable or Higher: An employee who is dissatisfied with a written performance evaluation that includes an overall rating of mid acceptable or higher may attach a written rebuttal to his or her performance evaluation prior to finalization of the evaluation. B. An Overall Rating of Low Acceptable or Lower, or A Specific Rating of Unacceptable: An employee who receives an overall rating of low acceptable or lower, or a specific rating of unacceptable, may obtain review of that evaluation, or the specific area rated unacceptable, through the following procedure: The written request must state specifically the allegations to be investigated and, to the degree that information in support of those allegations is known, identify the facts surrounding the controversy. The list of allegations to be investigated shall not be expanded after the initial submission to the Employer except by written mutual agreement of the parties. Upon receipt of a written request, the Director shall transmit a copy of the request to the employee’s director or section manager if the employee works in the Division of Personnel and Labor Relations. The division director or section manager shall have thirty (30) days to assign an investigator outside the complaint’s direct chain of command to investigate and make written recommendations to the Director regarding revision of the evaluation, with a copy to the CEA. If a hearing is requested, every reasonable effort shall be made to schedule the hearing within thirty

Performance Evaluation Disputes. An employee who is dissatisfied with a written performance evaluation which does not involve the denial of a performance incentive may obtain review of that evaluation through the following procedure, which shall be the sole and exclusive remedy for such disputes. A. An Overall Rating of Mid Acceptable or Higher: An employee who is dissatisfied with a written performance evaluation that includes an overall rating of mid acceptable or higher may attach a written rebuttal to his or her performance evaluation prior to finalization of the evaluation. B. An Overall Rating of Low Acceptable or Lower, or A Specific Rating of Unacceptable: An employee who receives an overall rating of low acceptable or lower, or a specific rating of unacceptable, may obtain review of that evaluation, or the specific area rated unacceptable, through the following procedure: The written request must state specifically the allegations to be investigated and, to the degree that information in support of those allegations is known, identify the facts surrounding the controversy. The list of allegations to be investigated shall not be expanded after the initial submission to the Employer except by written mutual agreement of the parties. Upon receipt of a written request, the Director shall transmit a copy of the request to the employee’s director or section manager if the employee works in the Division of Personnel and Labor Relations. The division director or section manager shall have thirty (30) days to assign an investigator outside the complaint’s direct chain of command to investigate and make written recommendations to the Director regarding revision of the evaluation, with a copy to the CEA. shall submit a written request for informal hearing to the Director of the Division of Personnel and Labor Relations within ten (10) days after receipt of the recommendations. Absent such a request, the Director shall adjust the evaluation in accord with the recommendations , provided that those recommendations are not in violation of law or regulation. If a hearing is requested, every reasonable effort shall be made to schedule the hearing within thirtythirty (30) days of the request and in no case later than sixty (60) days. If feasible, hearings shall be conducted by an individual outside the employing department and bargaining unit, mutually acceptable to both parties. The employee and the employing department shall have one (1) hour each to present additional testimony and documentary evidence, which shall be considered by the Hearing Official together with the employee's initial request and the Level One recommendations. The Hearing Official shall issue a final decision within fifteen (15) working days after the close of the informal hearing revising those contested facts found to be inaccurate. Other contested portions of the evaluation shall be revised upon a finding by the Hearing Official that in the preparation of the evaluation management has been arbitrary or capricious, or was motivated by discrimination or bias.