10.10 Effects of "Needs
Improvement" or "Poor" Rating.
(a) A rating or re-rating of
"Needs Improvement" or "Poor" is not a disciplinary action.
(b) Any employee whose official
overall rating or re-rating is "Needs Improvement" or
"Poor" shall not receive a merit increase, a promotion or permanent
status. An employee whose official overall rating or re-rating is "Needs
Improvement" or "Poor" shall not be detailed to a higher level
position except as approved in advance by the Director of Civil Service.
(c) An employee whose official
overall rating or re-rating is "Needs Improvement" or
"Poor" may be separated or disciplined in accordance with the rules
applicable to the employee’s status.
10.11 Effects of Absence of Official
Rating or Re-rating.
(a) An employee who is not rated in
accordance with the provisions of this Chapter shall have an official rating of
"Un-rated" on the day after the employee's anniversary date.
(b) An employee who is not re-rated
in accordance with the provisions of this Chapter shall have an official
re-rating of "Un-rated" on the date that falls 6 months after the
employee's anniversary date.
10.11.1 Effects of Failure to Rate Employees
A
Rating Supervisor who does not rate the employees he has been designated to
review shall not be eligible for a merit increase for that year. However, an appointing authority may grant a
merit increase for a Rating Supervisor who fails to rate an employee if, and
only if, one of the following circumstances applies:
1)
The
employee was absent for an extended period of time (usually more than 9 months)
during the rating period which effectively makes it impossible to evaluate his
performance.
2)
The
employee has transferred into the Department from another state Department
within 90 days of the anniversary or rating date.
10.12 Record Keeping and Reporting
Requirements.
(a) Each completed performance
planning and review form shall be kept in the agency Human Resource office or
other designated, secure location not accessible to the public. Completed forms
must be available to the Department of Civil Service for auditing purposes, to
other agencies of the State of Louisiana for purposes of checking employment
references and to the employee upon request.
(b) For each employee with an
official overall rating or re-rating of "Needs Improvement" or
"Poor" the department shall promptly provide a copy of page one of
the performance planning and review form to the Director of Civil Service.
(c) By July 31 of each year, each
Appointing Authority shall report to the Director of Civil Service, in such
form as the Director prescribes, information about ratings given during the previous
year ending June 30.
(d) The Director of Civil Service
may require more frequent reporting as needed.
10.13 Review
of Ratings
(a) A permanent employee who
disagrees with any official rating or re-rating has a right to have the rating
reviewed by the Appointing Authority or his/her designee. The designated
Reviewer is the only person within the employing agency who may change an
official rating. The designated Reviewer shall not be the Rating Supervisor who
conducted the rating.
(b) A written request for review
must be postmarked or received in the employing agency’s Human Resource office
no later than 15 calendar days after the employee’s anniversary date or, for a
re-rating, no later than 15 calendar days after the day that falls six months
after the employee’s anniversary date. In the request for review, the employee
must explain why he/she believes a higher rating is warranted and must attach
whatever supporting documentation he or she wants the Reviewer to consider.
(c) If the request for review is
timely, the Reviewer must review the rating, the request for review, and any
documentation supporting either. The Reviewer must also discuss the contested
rating(s) with the employee and the Rating Supervisor.
(d) The Reviewer shall notify the
employee and the Rating Supervisor, in writing, of the results of the review.
Insofar as practicable, this notification shall be provided within 30 calendar
days following the date the request for review was received in the Human
Resource office. Any change in rating shall be retroactive to the anniversary
date or in the case of a contested re-rating, on the day that falls six months
after the employee’s anniversary date.
(e) The initial PPR form, the
request for review, the Reviewer’s response, and all supporting documentation
shall be maintained in the employee’s PPR file.
10.14 Appeal
to the Director of Civil Service
(a) A permanent employee who
disagrees with the Reviewer’s decision has a right to have his/her PPR file
reviewed by the Director or the Director’s designee.
(b) An appeal under this Rule must
be postmarked or received by the Director within 30 calendar days following the
date the employee received a copy of the Reviewer’s decision. In the appeal,
the employee must explain why there was no basis for the contested rating.
(c) If the appeal is timely, the
Director or his designee shall obtain and review the employee’s PPR file. When
the Director or his designee finds that the agency violated any rule in this
Chapter or that there was no documented, rational basis for a rating, the
Director may order any contested rating changed as he deems appropriate.
Insofar as practicable, the Director shall provide a written decision to the
employee, the Rating Supervisor, and the Reviewer within 30 calendar days
following the date the appeal was filed.
10.15
Effective date.
The revisions to this Chapter shall
become effective for anniversary dates on and after March 1, 2001.
10.16
REPEALED
10.17 Exceptions.
For compelling reasons, the Director
may approve exceptions to these Rules.
10.18 Grievance Process
The agency's grievance process shall
not be used to review or reconsider ratings or a procedural violation of these
rules.