N.Y. Comp. Codes R. & Regs. tit. 4 § 35.5

Current through Register Vol. 46, No. 43, October 23, 2024

Section 35.5 - Powers and duties of the agency

(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.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 35.5