New York regulations
Title 4 Part 35
Department of Civil Service
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4 NYCRR 35.1 - Definition of terms
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Dates and status
- Compiling agency
- Department of Civil Service
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- Source receipt
- Compiled text through
- Jan 31, 2026
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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(a)The term performance rating shall mean an annual summary judgment of the value of an employee's performance and conduct prepared by his supervisors for the purpose of determining the employee's eligibility for salary increment and promotion. Such summary judgment shall be recorded only as “satisfactory” or “unsatisfactory”.
(b)The term appraisal shall mean a continuing evaluation of an employee's performance, conduct, skills and abilities for the purpose of facilitating the employee's development and the most effective utilization of his abilities.
4 NYCRR 35.2 - Applicability
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- Compiling agency
- Department of Civil Service
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- Source receipt
- Compiled text through
- Jan 31, 2026
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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(a)The provisions of this Part shall apply to all employees in the executive branch of the State service holding positions in the competitive class, or positions in the noncompetitive or labor classes which are allocated to salary grades.
(b)The provisions of this Part concerning appeal from performance ratings are not applicable to probationary employees.
4 NYCRR 35.3 - Powers and duties of the Civil Service Commission
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- Department of Civil Service
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- Compiled text through
- Jan 31, 2026
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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The Civil Service Commission shall:
(a)have discretion to exempt an agency from these rules, during a prescribed period, provided there exists in the agency a performance rating plan approved by the commission, and provided further that for purposes of determining eligibility for promotion and salary increments under any such performance rating plan only the ratings “satisfactory” and “unsatisfactory” shall be used;
(b)consider and determine appeals from employees whose performance was rated as unsatisfactory and modify such ratings if appropriate;
(c)conduct or designate representatives to conduct investigations of any matters pertaining to the performance rating program in any agency.
4 NYCRR 35.4 - Powers and duties of the Department of Civil Service
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Dates and status
- Compiling agency
- Department of Civil Service
- Text status
- Source receipt
- Compiled text through
- Jan 31, 2026
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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- Jun 6, 2026
The Department of Civil Service shall:
(a)prescribe or approve the rating period and the manner, form and time at which performance ratings shall be submitted;
(b)prescribe or approve the manner, form and frequency of employee appraisals;
(c)conduct interviews and report to the commission on performance rating appeals;
(d)refuse to accept the performance ratings of any agency where the performance of employees has not been properly evaluated, or where reports of unsatisfactory performance or attendance are inadequate;
(e)review and report to the commission concerning the operation of performance rating programs which have been exempted from these rules;
(f)refuse to approve the promotion of an employee whose performance is rated as unsatisfactory;
(g)direct the correction of any manifest errors made in reporting performance ratings or in the crediting of such ratings.
4 NYCRR 35.5 - Powers and duties of the agency
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- Department of Civil Service
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- Jan 31, 2026
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- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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(a)For purposes of increment and promotion eligibility:
(1)Each agency shall rate, in the manner or form prescribed or approved, the performance of each employee who will have completed three months' continuous service as of the last day of the rating period.
(2)Each employee shall, so far as reasonably possible, be rated by the person or persons who supervised his work or who was responsible for the supervision of his work during the rating period. However, no employee shall be rated by a provisionally-promoted supervisor with whom he may compete in a promotion examination. The rating shall be reviewed by one or more successive levels of supervision. In the event of a difference of opinion as to the rating of an employee, a final determination shall be made by the agency head or by a person so designated by that agency head.
(3)Except where an unsatisfactory rating is appealed to the Civil Service Commission, the agency head is empowered to make the final rating of any employee of his agency.
(4)Each agency shall notify each of its employees of his satisfactory or unsatisfactory performance rating, provide the employee an opportunity to review his rating with his supervisor, and give to each employee whose performance is rated as unsatisfactory a copy of his rating.
(5)Each agency shall withhold the salary increment of any employee whose performance is rated as unsatisfactory.
(6)Each agency shall insure so far as practicable that rating standards are applied uniformly within the agency.
(b)For purposes of employee development and effective utilization of employee abilities:
(1)Each agency shall develop and administer, subject to the approval of the Department of Civil Service, procedures for the continuing appraisal of the performance, conduct, skills and abilities of its employees.
(2)An employee shall be given an opportunity to examine any written appraisal of his performance, conduct, skills and abilities, to discuss the same with his supervisor, and to submit comments thereon to his supervisor and agency head.
4 NYCRR 35.6 - Performance Rating Board
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Dates and status
- Compiling agency
- Department of Civil Service
- Text status
- Source receipt
- Compiled text through
- Jan 31, 2026
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)The Performance Rating Board of an agency shall consist of not less than three nor more than five members who shall be employees of the agency with permanent status, at least two of whom shall be in the competitive class. The agency head shall appoint the members of the Performance Rating Board or, if he so authorizes, they may be elected by the employees of the agency for a term specified by the agency head. In a large agency, separate boards may be designated for geographically-separated units, districts or institutions.
(b)As directed by the agency head, the Performance Rating Board in each agency shall
(1)develop and administer procedures for the appeal of performance ratings;
(2)allow any employee to appeal from an unsatisfactory performance rating, review the appeal, and inform the employee of its decision. In the case of an unsatisfactory rating where the appeal is denied, the board shall notify the employee of his right to appeal his unsatisfactory rating to the Civil Service Commission.