Performance Appraisal

Legal Authority

Government Code sections 19992-19992.4 and Rule 599.798(d) (Permanent Employees). Government Code sections 19992.8-19992.13 (Managerial Employees).

DPA Rule

A rank-and-file employee may file an appeal of a performance report with DPA (Rule 599.798(d)). Government Code section 19992.13 provides for DPA to establish a procedure whereby a managerial employee may appeal his/her performance appraisal to the appointing power. Rule 599.859 establishes a procedure whereby excluded employees may grieve performance appraisals.

Note: Appeals of rejections during probation are not handled by DPA but are heard by the SPB. Rule 599.795 requires that probation reports be written. However, the requirement is only directory and not appealable.

Notice Required by Appointing Power

An appointing power is expected to provide each permanent employee with a yearly written performance report, once the employee has completed probation.

Time Limits

Within 30 days of receipt of the report. The time limit may be extended for 30 days if good cause for the delay is shown (Rule 599.904).

Type of Hearing

The hearing is conducted by an ALJ.

Issues

Whether the report has been used to abuse, harass, or discriminate against the employee (Rule 599.798).

Unit 1 (SEIU) Professional, Administrative, Financial and Staff Services - Article 13.6

Unit 3 (SEIU) Professional Educators and Librarians - Article 13.6

Unit 4 (SEIU) Office and Allied - Article 13.6

Unit 11 (SEIU) Engineering and Scientific Technicians - Article 13.6

Unit 14 (SEIU) Printing and Allied Trades - Article 13.6

Unit 15 (SEIU) Allied Services - Article 13.6

Unit 20 (SEIU) Medical and Social Service - Article 13.6

An employee may grieve the content of his/her performance appraisal through the

department level of the grievance procedure when he/she receives a substandard rating in either a majority of the performance factors or an overall substandard rating.

Unit 5 (CAHP) Highway Patrol - Article XIV at 65

Annual, interim, and transfer performance appraisals shall be grievable up to Level III of the grievance procedure. Other forms of documentation relative to performance are not grievable or complainable.

Unit 7 (CAUSE) Protective Services and Public Safety - Article 6.17

Performance appraisals and performance standards may be grievable up to the third level of the grievance process.

Unit 8 (CDFF) Firefighters - Article 17.1

An employee may only appeal his/her performance appraisal pursuant to the Minor Discipline appeals process of this MOU.

Unit 12 (IUOE) Craft and Maintenance - Article 16.7

A Unit 12 employee may file a grievance about his/her performance appraisal when he/she receives a substandard rating in a majority of the performance factors. This section is not subject to the arbitration procedure.

Unit 16 (UAPD) Physicians, Dentists and Podiatrists - Article 12.5

Unit 19 (AFSCME) Health and Social Services/Professional - Article 15.7

When a Performance Appraisal Summary results in any "improvement needed" rating, the employee may grieve the evaluation up to and including the third step of the grievance procedure.

Unit 17 (SEIU) Registered Nurses - Article 14.1

Any Unit 17 employee may grieve the content of his/her annual performance appraisal through the third (DPA) step: (1) when he/she receives a substandard rating of the performance factors, or (2) when negative comments are inconsistent with the actual ratings received, or (3) when rating factors are not used and the narrative evaluation includes negative comments. DPA shall sustain the evaluation except where supported by substantial evidence to the contrary. When a grievance is granted on this subject, the annual performance appraisal will be modified to reflect the outcome of the grievance procedure and the original performance appraisal will be removed from the file.

Unit 18 (CAPT) Psychiatric Technicians - Article 9.11

A Unit 18 employee may grieve the content of his/her performance appraisal through the second step of the grievance procedure when he/she receives a substandard rating in either a majority of the performance factors or an overall substandard rating or when an employee presents evidence that a substandard rating is not based on factual information. When a grievance is granted in relation to this performance appraisal, the Individual Developmental Plan will be modified to reflect the outcomeof the grievance settlement.

Unit 21 (SEIU) Education Consultants and Library - Article 13.6

When a Unit 21 civil service employee receives substandard ratings in a majority of the performance factors, the employee may grieve the content of his/her performance appraisal through the third step of the grievance procedure which shall be the final step of appeal.

Updated October 31, 2007 at 11:45 AM.