Reconsideration/Appeals Process
Employees may appeal any aspect of their evaluation through the internal reconsideration process. Employees may appeal overall ratings of “Needs Improvement” and/or “Unacceptable” to the Personnel Board. An employee must follow all the steps in the internal reconsideration process before appealing an evaluation to the Personnel Board.
Within five (5) working days of a performance evaluation, an employee may request initial reconsideration of the performance evaluation by the evaluator. The evaluator shall respond in writing to the request for reconsideration within five (5) working days of receiving the request. If the employee refuses to sign the form in the Employee Response Section, the evaluation will not be eligible for reconsideration.
NOTE: If an employee refuses to sign the evaluation, the evaluator must indicate in the Employee Response Section that the employee refused to sign. The evaluator shall initial and date this section.
Within five (5) working days after the initial reconsideration by the evaluator, an employee may submit a written request for further reconsideration of the evaluation to the next line supervisor. In the event that neither the evaluator nor the next line supervisor respond to the request for reconsideration in the designated time period, the employee may submit a written request to the appointing authority for compliance with this regulation.
The next line supervisor shall either obtain statements from both the employee and the evaluator; or meet individually with the employee and the evaluator. The next line supervisor shall inform both the employee and the evaluator in writing of the decision no later than fifteen (15) working days after receipt of the employee’s request.
Within sixty (60) days after an employee has received the written decision from the next line supervisor, the employee may appeal to the Personnel Board. The employee may appeal to the Personnel Board only a final evaluation which has an overall rating in either of the two (2) lowest overall ratings after all steps in the internal appeal (reconsideration) process have been exhausted.
If an employee receives an overall rating of "unacceptable," the agency shall:
1) Demote the employee to a position commensurate with his/her skills and abilities, or
2) Terminate the employee.
|
Level |
Action |
Time Frame For Request / Response |
Required Means Of
Request / Response
|
|
Employee |
Requests initial reconsideration of rating from Evaluator. |
Within five (5) working days of initial evaluation. |
Employee checks box (Section III, Subsection D on form)
“Disagree with evaluation, request reconsideration.”
|
|
Evaluator
|
Responds to initial reconsideration request |
Within five (5) working days of receipt of employee’s request. |
Evaluator agrees/disagrees, in writing, with requested changes on evaluation. Evaluator checks box (Section III, Subsection E on form). |
|
If initial request for reconsideration is unresolved, process is as follows:
|
|
Employee |
Requests reconsideration of rating from Next Line Supervisor (Reviewer). |
Within five (5) working days of initial reconsideration of rating by Evaluator.
|
Written request by Employee to Next Line Supervisor |
|
Next Line Supervisor/ Reviewer |
Responds to both Employee and Evaluator. |
Within fifteen (15) days of request by Employee. |
Formal written response by Next Line Supervisor to both parties. The Supervisor checks box (Section III, Subsection E on form).
|
|
Reconsideration process ends with the Next Line Supervisor.
If the employee has exhausted all steps in the internal appeal (reconsideration) process and has an overall rating in either of the two (2) lowest overall ratings, the process is as follows:
|
|
Employee |
Appeals to Personnel Board |
Employee must file within sixty (60) calendar days after reconsideration by Next Line Supervisor.
|
Use of Personnel Board Appeal Form. |
|