Title 9 Part 149

On June 4, 1979, New York State and the Security Unit employees, Council 82, AFSCME, AFL-CIO, signed a collective bargaining agreement, for the period April 1, 1979 through March 31, 1982, covering employees in the Security Services Negotiating Unit which requires that employee performance be evaluated in an objective manner based on standards established by a joint Labor/Management Committee. Monetary compensation, in the form of a performance advancement payment, shall be available to eligible employees in the unit dependent upon the employee performance rating. The purpose of such performance evaluation is to motivate all employees toward more effective performance and greater productivity by the provision of advancements to eligible employees and by periodic job evaluation for others.

This Part shall apply to all annual salaried employees in the Security Services Negotiating Unit in the competitive, noncompetitive and labor classes whose positions have been allocated to a salary grade, and other employees whose positions are unallocated but are equated to salary grades by the Director of the Budget. Excluded from coverage are those employees paid on other than an annual basis.

Wherever used in this Part:

This employee's performance is clearly exceptional in comparison with performance expectations. This exceptional performance causes the employee to stand out among other employees in the work unit. The employee's performance consistently exceeds performance expectations for the job. To be rated outstanding, the numerical total of performance indicators must be 27 or higher.

This employee performs at a level that is better than expected for many of the performance factors for the job. The employee performing at this level is recognized as a particular asset to the work unit. To be rated excellent, the numerical total of performance indicators must be from 23 to 26.

This is the expected and usual level of performance. The employee performs the job in a good, competent manner. This employee usually meets and sometimes exceeds performance expectations for the job. To be rated good, the numerical total must be from 18 to 22.

This employee performs at a level which occasionally fails to meet the expectations or requirements of the job. The employee meets performance expectations for some performance factors but then requires extra follow-up and direction by the supervisor. There are areas of performance which should be improved. To be rated needs improvement, the numerical total of performance indicators must be from 15 to 17.

The employee generally does not meet expectations for many of the performance factors of the job; there is need for immediate and significant improvements in performance. To be rated unsatisfactory, the numerical total of performance indicators must be 14 or less.

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.

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.

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.

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.

The joint Performance Evaluation Committee established pursuant to article 11.2d of the 1979-82 Security Services Unit Agreement will monitor the administration of the program in accordance with the agreement. Complaints and allegations of arbitrary actions by persons involved in the administration of the program may be brought to the attention of the subcommittee by appropriate responsible union or management representatives.

Upon the request of the Director of the Budget, each agency shall provide timely statistical reports of performance evaluation ratings and performance advancement payments, in a manner prescribed by the director. Such reports shall be filed simultaneously in a timely fashion with the Director of the Budget and the Director of the Office of Employee Relations.

The Director of the Budget may require each agency to submit a plan, developed in accordance with guidelines as may be issued for such purposes, which at a minimum sets forth the agency's projected rating plan and anticipated expenditures for advancement payments for the ensuing fiscal year.

The specific provisions and limitations contained in this Part may be waived by the Director of the Budget pursuant to provisions of law, in accordance with the terms of negotiated agreements between the State and Council 82, reached pursuant to article 14 of the Civil Service Law, whenever he determines that strict adherence to the rules would be detrimental to the sound and orderly administration of State government.