Common use of Performance Appraisal Clause in Contracts

Performance Appraisal. 1. A supervisor who determines that an EOF Counselor is not satisfactorily performing one or more aspects of his/her job will communicate the deficiencies to the Counselor in a timely manner and will restate the supervisor’s expectations for satisfactory performance in those areas. 2. Annual written performance appraisals shall be initiated no later than March 10 and concluded by no later than April 30 of each fiscal year on the Counselor’s performance during the preceding 12-month period on the form in Appendix C. The rating in the section entitled “overall evaluation” shall be used as the basis for the award of performance based salary increases and/or performance based bonuses during the following fiscal year. 3. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance may seek a review when: − the procedure in Section A.1. or A.2. above, were not followed; or − there was a demonstrable factual inconsistency; or − he/she was not evaluated according to the performance standards for his/her job. The Counselor who seeks a review shall utilize the Review Process described in Section B, below, except that for the life of this Agreement, the Union, on behalf of the Counselor who seeks a review, may choose to process the Counselor’s claim through Article 5 – Grievance Procedure, Section 3, Grievances Other Than Discipline instead of utilizing the Review Process. 4. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance because of performance deficiencies, but who cannot seek a review using the process described in Section B, shall be re-evaluated on, or about, the following June 30. 5. If the Counselor sufficiently improves his/her performance by the June re- evaluation to the extent that the overall evaluation is changed from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating during the next fiscal year, beginning July 1. 6. If the Counselor does not sufficiently improve his/her performance by the June re-evaluation, and the overall evaluation remains unsatisfactory, the Counselor shall be re-evaluated on or about the following September 30. If the Counselor sufficiently improves his/her performance from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating effective on or about October 1. No retroactivity will apply.

Performance Appraisal. ‌ Section 1. A supervisor who determines Employees shall receive written performance appraisals on an annual basis. The end of year appraisal shall include the final performance rating for the year. The Agency shall provide the Employee with a copy of the signed appraisal and a copy will be placed in the Employee’s personnel record accompanied by any comments and/or statements of objection that the Employee may have included and/or attached. All interim reviews shall be consistent with the criteria set forth below in this Article. Section 2. Performance criteria shall be specific, attainable, relevant, measurable, objective, and consistent with an EOF Counselor is Employee's job duties, responsibilities, and relate to their job description. Measurement criteria shall be job and outcome related. The criteria shall be provided to an Employee in writing at the beginning of the rating period and changed during the period only after review with the Employee. A. When an Employee does not satisfactorily performing one or more aspects have an opportunity to perform work described by a criteria that criteria will not be considered in the performance appraisal process. B. Performance measurement criteria shall be applied fairly, objectively, and equitably. The Agency shall take into account when evaluating an Employee's performance, matters outside an Employee's controls, such as equipment and resource problems and lack of his/her training. Pre-approved time away from the job will communicate the deficiencies to the Counselor including sick leave (not including call in notification), personal days, annual leave and authorized duty time for Union representational purposes, and other authorized activities shall not be considered. Appraisals shall fully take into account such approved absences in a timely measure of timeliness and quantity of work. C. The Agency will notify and bargain with the Union any substantial increase to workloads/caseloads or quotas. Section 3. The Employee's Agency shall prepare the annual performance appraisal in a fair and objective manner and will restate acknowledge any duties outside the supervisor’s Employee's specific Section 4. When a performance appraisal is established it shall include at least the following: A. Performance expectations applicable to the period it is being established, for satisfactory performance in those areaswhich may be changed only after review with the Employee; B. Modifications to the Employee's job assignments, if any applicable to the next time period which may be changed only after review with the Employee; and C. Recommendations, if any, for training to enhance the Employee's skills. 2. Annual written performance appraisals shall be initiated no later than March 10 and concluded by no later than April 30 of each fiscal year on the Counselor’s performance during the preceding 12-month period on the form in Appendix C. The rating in the section entitled “overall evaluation” shall be used as the basis for the award of performance based salary increases and/or performance based bonuses during the following fiscal year. 3. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance may seek a review when: − the procedure in Section A.1. or A.2. above, were not followed; or − there was a demonstrable factual inconsistency; or − he/she was not evaluated according to the performance standards for his/her job5. The Counselor who seeks Agency shall not prescribe a review shall utilize the Review Process described in Section B, below, except that forced distribution of levels for the life of ratings for Employees covered by this Agreement, the Union, on behalf of the Counselor who seeks a review, may choose to process the Counselor’s claim through Article 5 – Grievance Procedure, Section 3, Grievances Other Than Discipline instead of utilizing the Review Process. 4. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance because of performance deficiencies, but who cannot seek a review using the process described in Section B, shall be re-evaluated on, or about, the following June 30. 5. If the Counselor sufficiently improves his/her performance by the June re- evaluation to the extent that the overall evaluation is changed from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating during the next fiscal year, beginning July 1. 6. If the Counselor does not sufficiently improve his/her performance by the June re-evaluation, and the overall evaluation remains unsatisfactory, the Counselor shall be re-evaluated on or about the following September 30. If the Counselor sufficiently improves his/her performance from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating effective on or about October 1. No retroactivity will apply.

Performance Appraisal. 1. A supervisor who determines that an EOF Counselor is not satisfactorily performing one or more aspects of his/her job will communicate the deficiencies to the Counselor in a timely manner and will restate the supervisor’s expectations for satisfactory performance in those areas. 2. Annual written performance appraisals shall be initiated no later than March 10 and concluded by no conducted not later than April 30 1 of each fiscal year on the Counselor’s performance during the preceding 12-12- month period on the form in Appendix C. The rating in the section entitled “overall evaluation” shall be used as the basis for the award of performance based salary increases and/or performance based bonuses during the following fiscal year. 3. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance may seek a review when: − when the procedure in Section A.1. , or A.2. , above, were not followed; or − there was a demonstrable factual inconsistency; or − he/she was not evaluated according to the performance standards for his/her job. The Counselor who seeks a review shall utilize the Review Process described in Section B, below, except that for the life of this Agreement, the Union, on behalf of the Counselor who seeks a review, may choose to process the Counselor’s claim through Article 5 – Grievance Procedure, Section 3, Grievances Other Than Discipline instead of utilizing the Review Process. 4. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance because of performance deficiencies, but who cannot seek a review using the process described in Section B, shall be re-re- evaluated on, or about, the following June 30. 5. a. If the Counselor sufficiently improves his/her performance by the June re- re-evaluation to the extent that the overall evaluation is changed from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating during the next fiscal year, beginning July 1. 6. b. If the Counselor does not sufficiently improve his/her performance by the June re-evaluation, and the overall evaluation remains unsatisfactory, the Counselor shall be re-evaluated on or about the following September 30. If the Counselor sufficiently improves his/her performance from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating effective on or about October 1. No retroactivity will apply.

Performance Appraisal. Section 1. A supervisor who determines Employees shall receive written performance appraisals on an annual basis. The end of year appraisal shall include the final performance rating for the year. The Employer shall provide the employee with a copy of the signed appraisal and a copy will be placed in the employee’s personnel file accompanied by any comments and/or statement of objection that the employee may have included and/or attached. All interim reviews shall be consistent with the criteria set forth below in this Article. Section 2. Performance criteria shall be specific, attainable, relevant, measurable, objective and consistent with an EOF Counselor is not satisfactorily performing one or more aspects of employee’s job duties, responsibilities and relate to his/her job description. Measurement criteria shall be job and outcome related. The criteria shall be provided to an employee in writing at the beginning of the rating period and changed during the period only after review with the employee. A. When an employee does not have an opportunity to perform work described by a criteria that criterion will communicate not be considered in the deficiencies to performance appraisal process. B. Performance measurement criteria shall be applied fairly, objectively and equitably. The Employer shall take into account when evaluating an employee’s performance, matters outside an employee’s controls, such as equipment and resource problems and lack of training. Pre-approved time away from the Counselor job including sick leave (not including call in notification), personal days, annual leave and authorized duty time for union representational purposes and other authorized activities shall not be considered. Appraisals shall fully take into account such approved absences in a timely measure of timeliness and quantity of work. Section 3. The employee’s supervisor shall prepare the annual performance appraisal in a fair and objective manner and will restate acknowledge any duties outside the supervisoremployee’s specific duties/functions that were assigned and/or performed during the evaluation period. Section 4. When a performance appraisal is established it shall include at least the following: 1. performance expectations applicable to the period it is being established for satisfactory performance in those areas.which may be changed only after review with the employee; 2. Annual written performance appraisals shall modifications to the employee’s job assignments, if any applicable to the next period which may be initiated no later than March 10 and concluded by no later than April 30 of each fiscal year on changed only after review with the Counselor’s performance during the preceding 12-month period on the form in Appendix C. The rating in the section entitled “overall evaluation” shall be used as the basis for the award of performance based salary increases and/or performance based bonuses during the following fiscal year.employee; and 3. An EOF Counselor whose performance is appraised in recommendations, if any, for training to enhance the overall evaluation section as unsatisfactory performance may seek a review when: − the procedure in Section A.1. or A.2. above, were not followed; or − there was a demonstrable factual inconsistency; or − he/she was not evaluated according to the performance standards for his/her jobemployee’s skills. The Counselor who seeks Employer may change an employee’s end-of-cycle final appraisal only with written justification, which cites the employee’s performance criteria and the employee’s actual performance. Section 5. The Employer shall not prescribe a review shall utilize the Review Process described in Section B, below, except that forced distribution of levels for the life of ratings for employees covered by this Agreement, the Union, on behalf of the Counselor who seeks a review, may choose to process the Counselor’s claim through Article 5 – Grievance Procedure, Section 3, Grievances Other Than Discipline instead of utilizing the Review Process. 4. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance because of performance deficiencies, but who cannot seek a review using the process described in Section B, shall be re-evaluated on, or about, the following June 30. 5. If the Counselor sufficiently improves his/her performance by the June re- evaluation to the extent that the overall evaluation is changed from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating during the next fiscal year, beginning July 1. 6. If the Counselor does not sufficiently improve his/her performance by the June re-evaluation, and the overall evaluation remains unsatisfactory, the Counselor shall be re-evaluated on or about the following September 30. If the Counselor sufficiently improves his/her performance from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating effective on or about October 1. No retroactivity will apply.

Performance Appraisal. 132.01 Employee's current Performance Appraisal Review Record supersedes all previous Performance Appraisal Review Records. A Performance Appraisal Review Record shall be made out by the employee's immediate Supervisor on the employee's anniversary date of entering the classification (with the exception of the Probation Article 10.10 to 10.1 5). Should an employee receive a "Fair" Performance Appraisal Review Record s/he is given not less than thirty (30) days to obtain a "Good" or higher Perfonnance Appraisal Review Record. If an employee fails to obtain a "Good" or higher Performance Appraisal Review Record by the end of the prescribed time period, a "Low" Performance Appraisal Review Record will be issued. Should an employee receive a "Low" Performance Appraisal Review Record s/he is given not less than thirty (30) days to obtain a "Good" or higher Performance Appraisal Review Record. Should an employee receive a "Low" or "Fair" Performance Appraisal Review Record, the immediate supervisor who determines that an EOF Counselor shall meet with the employee and review to clearly set out in writing performance development actions designed to assist the employee in achieving a "Good" or higher performance appraisal review record in no less than thirty (30) days from the date of the meeting. Employees disagreeing with their Performance Appraisal Review Record may refer it to Grievance Procedure. Employees shall not sign their Performance Appraisal Review Record unless it is not satisfactorily performing completed in detail. Employee shall be supplied with a copy of her/his Performance Appraisal Review Record. When requested, the employee shall be given one or more aspects of his/her job will communicate (1) working day to review the deficiencies appraisal. Any changes to the Counselor in a timely manner Performance Appraisal Review Record and will restate associated process are subject to consultation with the supervisor’s expectations for satisfactory performance in those areasLabour/Management Committee. 2. Annual written performance appraisals shall be initiated no later than March 10 and concluded by no later than April 30 of each fiscal year on the Counselor’s performance during the preceding 12-month period on the form in Appendix C. The rating in the section entitled “overall evaluation” shall be used as the basis for the award of performance based salary increases and/or performance based bonuses during the following fiscal year. 3. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance may seek a review when: − the procedure in Section A.1. or A.2. above, were not followed; or − there was a demonstrable factual inconsistency; or − he/she was not evaluated according to the performance standards for his/her job. The Counselor who seeks a review shall utilize the Review Process described in Section B, below, except that for the life of this Agreement, the Union, on behalf of the Counselor who seeks a review, may choose to process the Counselor’s claim through Article 5 – Grievance Procedure, Section 3, Grievances Other Than Discipline instead of utilizing the Review Process. 4. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance because of performance deficiencies, but who cannot seek a review using the process described in Section B, shall be re-evaluated on, or about, the following June 30. 5. If the Counselor sufficiently improves his/her performance by the June re- evaluation to the extent that the overall evaluation is changed from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating during the next fiscal year, beginning July 1. 6. If the Counselor does not sufficiently improve his/her performance by the June re-evaluation, and the overall evaluation remains unsatisfactory, the Counselor shall be re-evaluated on or about the following September 30. If the Counselor sufficiently improves his/her performance from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating effective on or about October 1. No retroactivity will apply.

Performance Appraisal. Section 1. A supervisor who determines that an EOF Counselor is not satisfactorily performing one or more aspects of his/her job will communicate the deficiencies The annual performance appraisal report shall be completed approximately three (3) but no less than two (2) months prior to the Counselor in a timely manner and will restate the supervisor’s expectations employee's annual increase date. Unless for satisfactory performance in those areas. 2. Annual written good cause shown, late performance appraisals shall be initiated no later than March 10 voidable at the option of the employee. A performance appraisal will be conducted by a management designee outside the bargaining unit, who is familiar with the employee's work, however, bargaining unit classifications in pay group 24 and concluded above may be designated by no later than April 30 management to conduct performance appraisals. Bargaining Unit classifications in pay groups 22 and 23 may be asked by management for input on an employees’ performance appraisal, but will not conduct or otherwise be part of each fiscal year on said performance appraisal. (a) Disputes concerning compliance with this Article may be subject to the Counselor’s performance during grievance, but not the preceding 12-month period on the form in Appendix C. The rating in the section entitled “overall evaluation” arbitration procedure. Disputes concerning procedural requirements of this Article shall be used as promptly aired by the basis for the award of performance based salary increases and/or performance based bonuses during the following fiscal yearemployee so that timely correction can be sought. Where appropriate, reasonable efforts shall be made to correct or mitigate alleged procedural defects. 3(b) Notwithstanding paragraph (a) or this Section, disputes concerning the grounds for an "unsatisfactory" rating may be subject to arbitration, but the rating may only be changed if the evaluator's decision, in light of all the credible evidence, is clearly shown to be arbitrary and capricious. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance may seek a review when: − the procedure in Section A.1. or A.2. above, were The arbitrator shall not followed; or − there was a demonstrable factual inconsistency; or − he/she was not evaluated according to the performance standards for substitute his/her jobjudgment for the judgment of the evaluator in applying and weighing evaluation standards. Section 3. The Counselor who seeks a review Union shall utilize be consulted prior to final adoption by the Review Process described Judicial Branch of any written regulations, procedures, or forms which relate to evaluation of employee performance. Nothing in Section B, below, except that for the life Article shall be deemed to impair the continuing use of existing procedures and forms or the implementation of existing regulations concerning matters covered by this Agreement, the Union, on behalf of the Counselor who seeks a review, may choose to process the Counselor’s claim through Article 5 – Grievance Procedure, Section 3, Grievances Other Than Discipline instead of utilizing the Review ProcessArticle. Section 4. An EOF Counselor whose performance is appraised in the overall evaluation section as Notice of all unsatisfactory performance because of performance deficiencies, but who cannot seek a review using the process described in Section B, appraisals shall be re-evaluated on, or about, the following June 30. 5. If the Counselor sufficiently improves his/her performance by the June re- evaluation sent to the extent that President of Local 749 within ten (10) working days after they are provided to the overall evaluation is changed from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating during the next fiscal year, beginning July 1employee. 6. If the Counselor does not sufficiently improve his/her performance by the June re-evaluation, and the overall evaluation remains unsatisfactory, the Counselor shall be re-evaluated on or about the following September 30. If the Counselor sufficiently improves his/her performance from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating effective on or about October 1. No retroactivity will apply.

Performance Appraisal. ‌ A. The primary purpose for the faculty performance appraisal process at LBCC is for professional growth and development. The performance appraisal is based upon the premise that each person is capable of improving his or her performance when a carefully planned appraisal system is fairly and consistently administered. The primary goal is the pursuit of professional excellence in a multidimensional educational institution which supports student learning. Secondarily, administrators at the College will obtain better information with which to make personnel decisions. B. Appraisal for faculty will be based upon job elements and activities of individual faculty=s responsibilities described in Article 8A. Appraisals will be completed to analyze a faculty member's performance as measured against standards set by the Administration. Trial service faculty will be appraised in writing on an annual basis utilizing methods listed in Section C below. After satisfactory completion of trial service, a faculty member will be appraised on a biennial basis through year nine with the College. Starting with year ten, the appraisal process will be completed once every three years. Following trial service, exceptions to these time periods may be made by either the administrator or faculty member. Appraisals will be based upon performance over the entire appraisal period. C. Appraisals will use a variety of methodology that will include student evaluation whenever appropriate and self-evaluation; and will include, but not be limited to, some of the following: 1. A supervisor who determines that an EOF Counselor is not satisfactorily performing one or more aspects of his/her job will communicate the deficiencies to the Counselor in a timely manner and will restate the Written appraisal by supervisor’s expectations for satisfactory performance in those areas. 2. Annual written performance Self-appraisal 3. Customer appraisal 4. Classroom visitation 5. Discussion between supervisor and faculty member 6. Peer appraisal 7. Stated objectives, achievement 8. Video tape replay D. Appraisals will not be conducted or applied in a capricious or arbitrary manner. Before a faculty member is disciplined for job performance, the appropriate appraisals will be completed by the Administration. E. Student evaluations of faculty shall be initiated distributed and collected no later than March 10 two weeks before the end of the term. F. The implementation, management, and concluded by no later than April 30 evaluation of each fiscal year the faculty performance appraisal system shall be the responsibility of the Vice President for Academic Affairs. The Vice President shall appoint a standing committee to advise/consult with him/her on the Counselor’s implementation, management and evaluation of the performance during appraisal system. The majority of members of the preceding 12-month period on the form in Appendix C. The rating in the section entitled “overall evaluation” standing committee shall be used as the basis for the award of performance based salary increases and/or performance based bonuses during the following fiscal year. 3. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance may seek a review when: − the procedure in Section A.1. or A.2. above, were not followed; or − there was a demonstrable factual inconsistency; or − he/she was not evaluated according to the performance standards for his/her job. The Counselor who seeks a review shall utilize the Review Process described in Section B, below, except that for the life of this Agreement, the Union, on behalf members of the Counselor who seeks a review, may choose to process the Counselor’s claim through Article 5 – Grievance Procedure, Section 3, Grievances Other Than Discipline instead of utilizing the Review Process. 4. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance because of performance deficiencies, but who cannot seek a review using the process described in Section B, shall Association; these members will be re-evaluated on, or about, the following June 30. 5. If the Counselor sufficiently improves his/her performance appointed by the June re- evaluation to Vice President after conferring with the extent that President of the overall evaluation is changed from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating during the next fiscal year, beginning July 1Association. 6. If the Counselor does not sufficiently improve his/her performance by the June re-evaluation, and the overall evaluation remains unsatisfactory, the Counselor shall be re-evaluated on or about the following September 30. If the Counselor sufficiently improves his/her performance from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating effective on or about October 1. No retroactivity will apply.

Performance Appraisal. 1(a) The annual performance appraisal shall be completed approximately three (3) but no less than two (2) months prior to the employee’s annual increase date. A The performance appraisal will be con- ducted by a management designee who is familiar with the employee’s work. For the purpose of this section, a performance appraisal shall be deemed completed when it has been completed by the approving author- ity. When an employee is rated ‘‘unsatisfactory,’’ the rating supervisor who determines that shall state reasons and, if practicable, suggestions for improvement. All performance appraisals of ‘‘unsatisfactory’’ must be discussed with the employee at an EOF Counselor is informal meeting to be scheduled by the rating supervisor, normally within seven days after the employee has seen the report and prior to its submission to the Executive Director. Employees receiving overall unsatisfactory appraisals may, at the employee’s request, have union representation at the informal meeting. Late performance appraisals shall be voidable at the option of the employee. (b) There shall be two overall ratings: ‘‘satisfactory’’ or ‘‘unsatisfactory.’’ An employee receiving an ‘‘unsatisfactory’’ evaluation shall not satisfactorily performing one or more aspects receive an annual increment. Each employee shall receive a copy of his/her job perfor- ▇▇▇▇▇ appraisal and shall sign same indicating receipt but not necessar- ily agreement. (c) It is the understanding of the parties that the performance appraisal system is intended to inform employees of their strengths and weaknesses and should not be used as a substitute for appropriate disciplinary pro- cedures. (d) The following procedure shall be used for supervisors wishing to reference counseling in an employee’s performance appraisal. There will communicate be no reference to counseling in the deficiencies narrative sections of the performance appraisal document. Instead, the supervisor will attach his/her notes refer- encing the counseling of an individual employee to that employee’s perfor- ▇▇▇▇▇ appraisal report. One year from the date of the issuance of said note, upon the request of the employee, the referencing note will be detached from the performance appraisal report, provided no additional counseling or disciplinary incident took place during that time period. (e) Employees who are out of work at the time the performance appraisal is completed by the approving authority will have their evalua- tions mailed to their home address (via certified and regular mail) prior to the Counselor deadline set for filing evaluations. When the employee returns from leave, the supervisor will meet with the employee, review the evaluation, and obtain the employee’s signature on the evaluation in a timely manner and will restate the supervisor’s expectations for satisfactory performance in those areasaccordance with (b). 2(a) Disputes concerning compliance with this Article may be subject to the grievance, but not the arbitration, procedure. Annual written Disputes concerning procedural requirements of this Article shall be promptly aired by the employee so that timely correction can be sought. Where (b) Notwithstanding paragraph (a) of this Section, disputes concerning the grounds for an ‘‘unsatisfactory’’ rating, and thus the denial of an increment, may be subject to arbitration, but the increment may only be restored if the evaluator’s decision, in light of all the credible evidence, is clearly shown to be arbitrary and capricious. The arbitrator shall not substitute his/her judgment for the judgment of the evaluator in applying and weighing evaluation standards. Section 3. All performance appraisals shall be initiated no later than March 10 and concluded conducted on forms which are standardized either by no later than April 30 of each fiscal year on the Counselor’s performance during the preceding 12-month period on the form in Appendix C. The rating in the section entitled “overall evaluation” shall be used as the basis for the award of performance based salary increases and/or performance based bonuses during the following fiscal yearjob classification or by division. 3. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance may seek a review when: − the procedure in Section A.1. or A.2. above, were not followed; or − there was a demonstrable factual inconsistency; or − he/she was not evaluated according to the performance standards for his/her job. The Counselor who seeks a review shall utilize the Review Process described in Section B, below, except that for the life of this Agreement, the Union, on behalf of the Counselor who seeks a review, may choose to process the Counselor’s claim through Article 5 – Grievance Procedure, Section 3, Grievances Other Than Discipline instead of utilizing the Review Process. 4. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance because of performance deficiencies, but who cannot seek a review using the process described in Section B, shall be re-evaluated on, or about, the following June 30. 5. If the Counselor sufficiently improves his/her performance by the June re- evaluation to the extent that the overall evaluation is changed from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating during the next fiscal year, beginning July 1. 6. If the Counselor does not sufficiently improve his/her performance by the June re-evaluation, and the overall evaluation remains unsatisfactory, the Counselor shall be re-evaluated on or about the following September 30. If the Counselor sufficiently improves his/her performance from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating effective on or about October 1. No retroactivity will apply.

Performance Appraisal. Section 1. A supervisor who determines Employees shall receive written performance appraisals on an annual basis. The end of year appraisal shall include the final performance rating for the year. The Employer shall provide the employee with a copy of the signed appraisal and a copy will be placed in the employee’s personnel file accompanied by any comments and/or statement of objection that the employee may have included and/or attached. All interim reviews shall be consistent with the criteria set forth below in this Article. Section 2. Performance criteria shall be specific, attainable, relevant, measurable, objective and consistent with an EOF Counselor is not satisfactorily performing one or more aspects of employee’s job duties, responsibilities and relate to his/her job description. Measurement criteria shall be job and outcome related. The criteria shall be provided to an employee in writing at the beginning of the rating period and changed during the period only after review with the employee. A. When an employee does not have an opportunity to perform work described by a criteria that criterion will communicate not be considered in the deficiencies to performance appraisal process. B. Performance measurement criteria shall be applied fairly, objectively and equitably. The Employer shall take into account when evaluating an employee’s performance, matters outside an employee’s controls, such as equipment and resource problems and lack of training. Pre-approved time away from the Counselor job including sick leave (not including call in notification), personal days, annual leave and authorized duty time for union representational purposes and other authorized activities shall not be considered. Appraisals shall fully take into account such approved absences in a timely measure of timeliness and quantity of work. Agreement Between The State of New Mexico and AFSCME Council 18 Section 3. The employee’s supervisor shall prepare the annual performance appraisal in a fair and objective manner and will restate acknowledge any duties outside the supervisoremployee’s specific duties/functions that were assigned and/or performed during the evaluation period. Section 4. When a performance appraisal is established it shall include at least the following: 1. performance expectations applicable to the period it is being established for satisfactory performance in those areas.which may be changed only after review with the employee; 2. Annual written performance appraisals shall modifications to the employee’s job assignments, if any applicable to the next period which may be initiated no later than March 10 and concluded by no later than April 30 of each fiscal year on changed only after review with the Counselor’s performance during the preceding 12-month period on the form in Appendix C. The rating in the section entitled “overall evaluation” shall be used as the basis for the award of performance based salary increases and/or performance based bonuses during the following fiscal year.employee; and 3. An EOF Counselor whose performance is appraised in recommendations, if any, for training to enhance the overall evaluation section as unsatisfactory performance may seek a review when: − the procedure in Section A.1. or A.2. above, were not followed; or − there was a demonstrable factual inconsistency; or − he/she was not evaluated according to the performance standards for his/her jobemployee’s skills. The Counselor who seeks Employer may change an employee’s end-of-cycle final appraisal only with written justification, which cites the employee’s performance criteria and the employee’s actual performance. Section 5. The Employer shall not prescribe a review shall utilize the Review Process described in Section B, below, except that forced distribution of levels for the life of ratings for employees covered by this Agreement, the Union, on behalf of the Counselor who seeks a review, may choose to process the Counselor’s claim through Article 5 – Grievance Procedure, Section 3, Grievances Other Than Discipline instead of utilizing the Review Process. 4. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance because of performance deficiencies, but who cannot seek a review using the process described in Section B, shall be re-evaluated on, or about, the following June 30. 5. If the Counselor sufficiently improves his/her performance by the June re- evaluation to the extent that the overall evaluation is changed from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating during the next fiscal year, beginning July 1. 6. If the Counselor does not sufficiently improve his/her performance by the June re-evaluation, and the overall evaluation remains unsatisfactory, the Counselor shall be re-evaluated on or about the following September 30. If the Counselor sufficiently improves his/her performance from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating effective on or about October 1. No retroactivity will apply.

Performance Appraisal. ‌ Section 1. A supervisor who determines Employees shall receive written performance appraisals on an annual basis. The end of year appraisal shall include the final performance rating for the year. The Agency shall provide the Employee with a copy of the signed appraisal and a copy will be placed on the Employee’s personnel record accompanied by any comments and/or statements of objection that the Employee may have included and/or attached. All interim reviews shall be consistent with the criteria set forth below in this Article. Section 2. Performance criteria shall be specific, attainable, relevant, measurable, objective, and consistent with an EOF Counselor is Employee's job duties, responsibilities, and relate to their job description. Measurement criteria shall be job and outcome related. The criteria shall be provided to an Employee in writing at the beginning of the rating period and changed during the period only after review with the Employee. A. When an Employee does not satisfactorily performing one or more aspects have an opportunity to perform work described by a criteria that criteria will not be considered in the performance appraisal process. B. Performance measurement criteria shall be applied fairly, objectively, and equitably. The Agency shall take into account when evaluating an Employee's performance, matters outside an Employee's controls, such as equipment and resource problems and lack of his/her training. Pre-approved time away from the job will communicate the deficiencies to the Counselor including sick leave (not including call in notification), personal days, annual leave and authorized duty time for Union representational purposes, and other authorized activities shall not be considered. Appraisals shall fully take into account such approved absences in a timely measure of timeliness and quantity of work. C. The Agency will notify and bargain with the Union any substantial increase to workloads/caseloads or quotas. Section 3. The Employee's Agency shall prepare the annual performance appraisal in a fair and objective manner and will restate acknowledge any duties outside the supervisor’s Employee's specific Section 4. When a performance appraisal is established, it shall include at least the following: A. Performance expectations applicable to the period it is being established, for satisfactory performance in those areaswhich may be changed only after review with the Employee; B. Modifications to the Employee's job assignments, if any applicable to the next time period which may be changed only after review with the Employee; and C. Recommendations, if any, for training to enhance the Employee's skills. 2. Annual written performance appraisals shall be initiated no later than March 10 and concluded by no later than April 30 of each fiscal year on the Counselor’s performance during the preceding 12-month period on the form in Appendix C. The rating in the section entitled “overall evaluation” shall be used as the basis for the award of performance based salary increases and/or performance based bonuses during the following fiscal year. 3. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance may seek a review when: − the procedure in Section A.1. or A.2. above, were not followed; or − there was a demonstrable factual inconsistency; or − he/she was not evaluated according to the performance standards for his/her job5. The Counselor who seeks Agency shall not prescribe a review shall utilize the Review Process described in Section B, below, except that forced distribution of levels for the life of ratings for Employees covered by this Agreement, the Union, on behalf of the Counselor who seeks a review, may choose to process the Counselor’s claim through Article 5 – Grievance Procedure, Section 3, Grievances Other Than Discipline instead of utilizing the Review Process. 4. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance because of performance deficiencies, but who cannot seek a review using the process described in Section B, shall be re-evaluated on, or about, the following June 30. 5. If the Counselor sufficiently improves his/her performance by the June re- evaluation to the extent that the overall evaluation is changed from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating during the next fiscal year, beginning July 1. 6. If the Counselor does not sufficiently improve his/her performance by the June re-evaluation, and the overall evaluation remains unsatisfactory, the Counselor shall be re-evaluated on or about the following September 30. If the Counselor sufficiently improves his/her performance from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating effective on or about October 1. No retroactivity will apply.

Performance Appraisal. 1A. The performance appraisal system of each department shall include an annual written performance appraisal for permanent employees. Such annual performance appraisals shall be completed at least once each twelve (12) calendar months after an employee completes the probationary period for the class in which he/she is serving. An employee shall be given a copy of the annual written performance appraisal and shall be provided the right to discuss it with the supervisor before it is filed. Each facility shall have a review procedure to provide an employee the opportunity, subsequent to discussion with the supervisor, to discuss his/her annual performance appraisal with the designated reviewing officer, should the employee wish to do so. In the absence of any current annual performance appraisal, or performance evaluation material to the contrary, the employee’s performance shall be deemed satisfactory. B. If an employee is performing in less than a satisfactory manner, the employee's job performance shall be discussed at least every three (3) months to identify objectives and plans for improving the employee's work performance and to identify training needs. C. A supervisor who determines that an EOF Counselor is not satisfactorily performing one or more aspects Unit 18 employee may grieve the content of his/her job will communicate performance appraisal through the deficiencies to second step of the Counselor in a timely manner and will restate the supervisor’s expectations for satisfactory performance in those areas. 2. Annual written performance appraisals shall be initiated no later than March 10 and concluded by no later than April 30 of each fiscal year on the Counselor’s performance during the preceding 12-month period on the form in Appendix C. The rating in the section entitled “overall evaluation” shall be used as the basis for the award of performance based salary increases and/or performance based bonuses during the following fiscal year. 3. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance may seek a review when: − the grievance procedure in Section A.1. or A.2. above, were not followed; or − there was a demonstrable factual inconsistency; or − when he/she was 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 evaluated according 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 outcome of the grievance settlement. D. Formal meetings between employees and management concerning unsatisfactory work performance or work-related problems normally should be held in private. E. A report of the probationer's performance shall be made to the performance standards for his/her employee at sufficiently frequent intervals to keep the employee adequately informed of progress on the job. The Counselor who seeks a review shall utilize the Review Process described in Section B, below, except that for the life of this Agreement, the Union, on behalf of the Counselor who seeks a review, may choose to process the Counselor’s claim through Article 5 – Grievance Procedure, Section 3, Grievances Other Than Discipline instead of utilizing the Review Process. 4. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance because of performance deficiencies, but who cannot seek a review using the process described in Section B, shall be re-evaluated on, or about, the following June 30. 5. If the Counselor sufficiently improves his/her employee is rejected during the probationary period, a final report may be filed for the period not covered by previous reports. If management fails to issue a probationary performance by report each quarterly interval, then the June re- evaluation employee’s performance shall be considered satisfactory for that reporting interval. F. Each employee shall be given a copy of the written appraisal covering the employee's own performance and is privileged to discuss it with the supervisor before it is filed. G. Clinical-based appraisal reports shall not be considered a Performance Appraisal or Individual Development Plan. The Performance Appraisal or Individual Development Plan may refer to clinical-based appraisal reports. If a clinical-based appraisal is referred to in the employee’s performance appraisal in a negative manner, the employee may file a grievance up to the extent that the overall evaluation is changed from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating during the next fiscal year, beginning July 1Facility/Institution level. 6. If the Counselor does not sufficiently improve his/her performance by the June re-evaluation, and the overall evaluation remains unsatisfactory, the Counselor shall be re-evaluated on or about the following September 30. If the Counselor sufficiently improves his/her performance from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating effective on or about October 1. No retroactivity will apply.

Performance Appraisal. 1. A supervisor who determines that an EOF Counselor is not satisfactorily performing one or more aspects of his/her their job will communicate the deficiencies to the Counselor in a timely manner and will restate the supervisor’s expectations for satisfactory performance in those areas. 2. Annual written performance appraisals shall be initiated no later than March 10 and concluded by no later than April 30 of each fiscal year on the Counselor’s performance during the preceding 12-month period on the form in Appendix C. The rating in the section entitled “overall evaluation” shall be used as the basis for the award of performance based salary increases and/or performance based bonuses during the following fiscal year. 3. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance may seek a review when: − – the procedure in Section A.1. or A.2. above, were not followed; or − – there was a demonstrable factual inconsistency; or − he/she was – they were not evaluated according to the performance standards for his/her their job. The Counselor who seeks a review shall utilize the Review Process described in Section B, below, except that for the life of this Agreement, the Union, on behalf of the Counselor who seeks a review, may choose to process the Counselor’s claim through Article 5 – Grievance Procedure, Section 3, Grievances Other Than Discipline instead of utilizing the Review Process. 4. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance because of performance deficiencies, but who cannot seek a review using the process described in Section B, shall be re-evaluated on, or about, the following June 30. 5. If the Counselor sufficiently improves his/her their performance by the June re- evaluation to the extent that the overall evaluation is changed from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating during the next fiscal year, beginning July 1. 6. If the Counselor does not sufficiently improve his/her their performance by the June re-evaluation, and the overall evaluation remains unsatisfactory, the Counselor shall be re-evaluated on or about the following September 30. If the Counselor sufficiently improves his/her their performance from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating effective on or about October 1. No retroactivity will apply.

Performance Appraisal. 1. A supervisor who determines that an EOF Counselor is not satisfactorily performing one or more aspects of his/her their job will communicate the deficiencies to the Counselor in a timely manner and will restate the supervisor’s expectations for satisfactory performance in those areas. 2. Annual written performance appraisals shall be initiated no later than March 10 and concluded by no later than April 30 of each fiscal year on the Counselor’s performance during the preceding 12-month period on the form in Appendix C. The rating in the section entitled “overall evaluation” shall be used as the basis for the award of performance based salary increases and/or performance based bonuses during the following fiscal year. 3. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance may seek a review when: − the procedure in Section A.1. or A.2. above, were not followed; or − there was a demonstrable factual inconsistency; or − he/she was they were not evaluated according to the performance standards for his/her their job. The Counselor who seeks a review shall utilize the Review Process described in Section B, below, except that for the life of this Agreement, the Union, on behalf of the Counselor who seeks a review, may choose to process the Counselor’s claim through Article 5 – Grievance Procedure, Section 3, Grievances Other Than Discipline instead of utilizing the Review Process. 4. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance because of performance deficiencies, but who cannot seek a review using the process described in Section B, shall be re-evaluated on, or about, the following June 30. 5. If the Counselor sufficiently improves his/her their performance by the June re- evaluation to the extent that the overall evaluation is changed from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating during the next fiscal year, beginning July 1. 6. If the Counselor does not sufficiently improve his/her their performance by the June re-evaluation, and the overall evaluation remains unsatisfactory, the Counselor shall be re-evaluated on or about the following September 30. If the Counselor sufficiently improves his/her their performance from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating effective on or about October 1. No retroactivity will apply.

Performance Appraisal. Section 1. A supervisor who determines that an EOF Counselor is not satisfactorily performing one or more aspects of his/her job will communicate the deficiencies The annual performance appraisal report shall be completed approximately three (3) but no less than two (2) months prior to the Counselor in a timely manner and will restate the supervisor’s expectations employee's annual increase date. Unless for satisfactory performance in those areas. 2. Annual written good cause shown, late performance appraisals shall be initiated no later than March 10 voidable at the option of the employee. A performance appraisal will be conducted by a management designee outside the bargaining unit, who is familiar with the employee's work. When an employee is rated "unsatisfactory," the rating supervisor shall state reasons and, if practicable, suggestions for improvement. All performance appraisal reports with an overall "unsatisfactory" rating must be discussed with the employee at an informal meeting to be scheduled by the rating supervisor, normally within seven (7) days after the employee has seen the report and concluded by no later than April 30 prior to its submission to the Executive Director or designee(s). Unless the parties agree to the contrary after consultation under Section 3 of each fiscal year on the Counselor’s performance during the preceding 12-month period on the form in Appendix C. The rating in the section entitled “overall evaluation” this Article, there shall be used as the basis for the award of performance based salary increases and/or performance based bonuses during the following fiscal yeartwo overall ratings: "satisfactory" or "unsatisfactory." An employee receiving an "unsatisfactory" evaluation shall not receive an annual increment. 3. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance (a) Disputes concerning compliance with this Article may seek a review when: − the procedure in Section A.1. or A.2. above, were not followed; or − there was a demonstrable factual inconsistency; or − he/she was not evaluated according be subject to the performance standards grievance, but not the arbitration procedure. Disputes concerning procedural requirements of this Article shall be promptly aired by the employee so that timely correction can be sought. Where appropriate, reasonable efforts shall be made to correct or mitigate alleged procedural defects. (b) Notwithstanding paragraph (a) of this Section, disputes concerning the grounds for an "unsatisfactory" rating may be subject to arbitration, but the rating may only be changed if the evaluator's decision, in light of all the credible evidence, is clearly shown to be arbitrary and capricious. The arbitrator shall not substitute his/her jobjudgment for the judgment of the evaluator in applying and weighing evaluation standards. Section 3. The Counselor who seeks a review Union shall utilize be consulted prior to final adoption by the Review Process described Judicial Branch of any written regulations, procedures, or forms which relate to evaluation of employee performance. Nothing in Section B, below, except that for the life Article shall be deemed to impair the continuing use of existing procedures and forms or the implementation of existing regulations concerning matters covered by this Agreement, the Union, Article. All performance appraisals shall be conducted on behalf of the Counselor who seeks a review, may choose to process the Counselor’s claim through Article 5 – Grievance Procedure, Section 3, Grievances Other Than Discipline instead of utilizing the Review Processforms which are standardized either by job classification or by division. Section 4. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance because of performance deficiencies, but who cannot seek a review using the process described in Section B, employee shall be re-evaluated on, or about, given a copy of and have the following June 30right to review his personal evaluation with his evaluating officer upon his request. 5. If the Counselor sufficiently improves his/her performance by the June re- evaluation to the extent that the overall evaluation is changed from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating during the next fiscal year, beginning July 1. 6. If the Counselor does not sufficiently improve his/her performance by the June re-evaluation, and the overall evaluation remains unsatisfactory, the Counselor shall be re-evaluated on or about the following September 30. If the Counselor sufficiently improves his/her performance from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating effective on or about October 1. No retroactivity will apply.

Performance Appraisal. 1(a) The annual performance appraisal shall be completed approximately three (3) but no less than two (2) months prior to the employee’s annual increase date. A The performance appraisal will be con- ducted by a management designee who is familiar with the employee’s work. When an employee is rated ‘‘unsatisfactory,’’ the rating supervisor who determines that shall state reasons and, if practicable, suggestions for improvement. All performance appraisals of ‘‘unsatisfactory’’ must be discussed with the employee at an EOF Counselor is informal meeting to be scheduled by the rating supervisor, normally within seven days after the employee has seen the report and prior to its submission to the Executive Director. Late performance appraisals shall be voidable at the option of the employee. (b) There shall be two overall ratings: ‘‘satisfactory’’ or ‘‘unsatisfactory.’’ An employee receiving an ‘‘unsatisfactory’’ evaluation shall not satisfactorily performing one or more aspects receive an annual increment. Each employee shall receive a copy of his/her job perfor- ▇▇▇▇▇ appraisal and shall sign same indicating receipt but not necessar- ily agreement. (c) It is the understanding of the parties that the performance appraisal system is intended to inform employees of their strengths and weaknesses and should not be used as a substitute for appropriate disciplinary pro- cedures. (d) The following procedure shall be used for supervisors wishing to reference counseling in an employee’s performance appraisal. There will communicate be no reference to counseling in the deficiencies narrative sections of the performance appraisal document. Instead, the supervisor will attach his/her notes refer- encing the counseling of an individual employee to that employee’s perfor- ▇▇▇▇▇ appraisal report. One year from the date of the issuance of said note, upon the request of the employee, the referencing note will be detached from the performance appraisal report, provided no additional counseling or disciplinary incident took place during that time period. (a) Disputes concerning compliance with this Article may be subject to the Counselor in a grievance, but not the arbitration, procedure. Disputes concerning procedural requirements of this Article shall be promptly aired by the employee so that timely manner and will restate the supervisor’s expectations for satisfactory performance in those areascorrection can be sought. Where appropriate, reasonable efforts shall be made to correct or mitigate alleged procedural defects. 2(b) Notwithstanding paragraph (a) of this Section, disputes concerning the grounds for an ‘‘unsatisfactory’’ rating, and thus the denial of an increment, may be subject to arbitration, but the increment may only be restored if the evaluator’s decision, in light of all the credible evidence, is clearly shown to be arbitrary and capricious. Annual written The arbitrator shall not substitute his/her judgment for the judgment of the evaluator in applying and weighing evaluation standards. Section 3. All performance appraisals shall be initiated no later than March 10 and concluded conducted on forms which are standardized either by no later than April 30 of each fiscal year on the Counselor’s performance during the preceding 12-month period on the form in Appendix C. The rating in the section entitled “overall evaluation” shall be used as the basis for the award of performance based salary increases and/or performance based bonuses during the following fiscal yearjob classification or by division. 3. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance may seek a review when: − the procedure in Section A.1. or A.2. above, were not followed; or − there was a demonstrable factual inconsistency; or − he/she was not evaluated according to the performance standards for his/her job. The Counselor who seeks a review shall utilize the Review Process described in Section B, below, except that for the life of this Agreement, the Union, on behalf of the Counselor who seeks a review, may choose to process the Counselor’s claim through Article 5 – Grievance Procedure, Section 3, Grievances Other Than Discipline instead of utilizing the Review Process. 4. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance because of performance deficiencies, but who cannot seek a review using the process described in Section B, shall be re-evaluated on, or about, the following June 30. 5. If the Counselor sufficiently improves his/her performance by the June re- evaluation to the extent that the overall evaluation is changed from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating during the next fiscal year, beginning July 1. 6. If the Counselor does not sufficiently improve his/her performance by the June re-evaluation, and the overall evaluation remains unsatisfactory, the Counselor shall be re-evaluated on or about the following September 30. If the Counselor sufficiently improves his/her performance from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating effective on or about October 1. No retroactivity will apply.

Performance Appraisal. A. The primary purpose for the faculty performance appraisal process at LBCC is for professional growth and development. The performance appraisal is based upon the premise that each person is capable of improving his or her performance when a carefully planned appraisal system is fairly and consistently administered. The primary goal is the pursuit of professional excellence in a multidimensional educational institution which supports student learning. Secondarily, administrators at the College will obtain better information with which to make personnel decisions. B. Appraisal for faculty will be based upon job elements and activities of individual faculty’s responsibilities described in Article 8A. Appraisals will be completed to analyze a faculty member's performance as measured against standards set by the Administration. Trial service faculty will be appraised in writing on an annual basis utilizing methods listed in Section C below. After satisfactory completion of trial service, a faculty member will be appraised every three years. Following trial service, exceptions to these time periods may be made by either the administrator or faculty member. Appraisals will be based upon performance over the entire appraisal period. C. Appraisals will use a variety of methodology that will include student evaluation whenever appropriate and self-evaluation; and will include, but not be limited to, some of the following: 1. A supervisor who determines that an EOF Counselor is not satisfactorily performing one or more aspects of his/her job will communicate the deficiencies to the Counselor in a timely manner and will restate the Written appraisal by supervisor’s expectations for satisfactory performance in those areas. 2. Annual written performance Self-appraisal 3. Customer appraisal 4. Classroom visitation 5. Discussion between supervisor and faculty member 6. Peer appraisal 7. Stated objectives, achievement 8. Video tape replay D. Appraisals will not be conducted or applied in a capricious or arbitrary manner. Before a faculty member is disciplined for job performance, the appropriate appraisals will be completed by the Administration. E. Student evaluations of faculty shall be initiated distributed and collected no later than March 10 two weeks before the end of the term. For all courses that fall within the standard academic term date range (fall, winter, and concluded by spring), student evaluations of faculty shall be distributed and collected no later than April 30 two weeks before the end of each fiscal year the term. For all courses that do not fall within the standard academic term date range, student evaluations of faculty shall be distributed and collected with no less than 20% of the course remaining. Courses of less than one week in duration are not subject to the requirement of this section. F. The implementation, management, and evaluation of the faculty performance appraisal system shall be the responsibility of the Vice President for Academic Affairs. The Vice President shall appoint a standing committee to advise/consult with him/her on the Counselor’s implementation, management and evaluation of the performance during appraisal system. The majority of members of the preceding 12-month period on the form in Appendix C. The rating in the section entitled “overall evaluation” standing committee shall be used as the basis for the award of performance based salary increases and/or performance based bonuses during the following fiscal year. 3. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance may seek a review when: − the procedure in Section A.1. or A.2. above, were not followed; or − there was a demonstrable factual inconsistency; or − he/she was not evaluated according to the performance standards for his/her job. The Counselor who seeks a review shall utilize the Review Process described in Section B, below, except that for the life of this Agreement, the Union, on behalf members of the Counselor who seeks a review, may choose to process the Counselor’s claim through Article 5 – Grievance Procedure, Section 3, Grievances Other Than Discipline instead of utilizing the Review Process. 4. An EOF Counselor whose performance is appraised in the overall evaluation section as unsatisfactory performance because of performance deficiencies, but who cannot seek a review using the process described in Section B, shall Association; these members will be re-evaluated on, or about, the following June 30. 5. If the Counselor sufficiently improves his/her performance appointed by the June re- evaluation to Vice President after conferring with the extent that President of the overall evaluation is changed from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating during the next fiscal year, beginning July 1Association. 6. If the Counselor does not sufficiently improve his/her performance by the June re-evaluation, and the overall evaluation remains unsatisfactory, the Counselor shall be re-evaluated on or about the following September 30. If the Counselor sufficiently improves his/her performance from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating effective on or about October 1. No retroactivity will apply.

Performance Appraisal. Section 1. A supervisor who determines that Employees shall receive written performance appraisals on an EOF Counselor is not satisfactorily performing one or more aspects annual basis. The end of year appraisal shall include the final performance rating for the year. The Employer shall provide the Section 2. Performance criteria shall be specific, attainable, relevant, measurable, and consistent with an employee’s duties, responsibilities and relate to his/her job will communicate description. Measurement criteria shall be job and outcome related. The criteria shall be provided to an employee in writing at the deficiencies to beginning of the Counselor in a timely manner rating period and will restate changed during the supervisor’s expectations for satisfactory performance in those areasperiod only after review with the employee. 2. Annual written performance appraisals shall be initiated no later than March 10 and concluded by no later than April 30 of each fiscal year on the Counselor’s performance during the preceding 12-month period on the form in Appendix C. The rating in the section entitled “overall evaluation” shall be used as the basis for the award of performance based salary increases and/or performance based bonuses during the following fiscal year. Section 3. An EOF Counselor whose The employee’s supervisor will prepare the annual performance appraisal. Should circumstances exist that prevent the employee’s supervisor from preparing or assessing the annual performance appraisal, including the completion of training as required by SPB Rules and Regulations, the second level supervisor shall prepare the appraisal. If the evaluating supervisor is appraised in not the overall evaluation section as unsatisfactory performance may seek a review when: − the procedure in Section A.1. or A.2. abovedirect supervisor, were not followed; or − there was a demonstrable factual inconsistency; or − he/she was not evaluated according to must have actually reviewed the performance standards for employee’s performance. In conjunction with the transfer of an employee or his/her job. The Counselor who seeks a review shall utilize the Review Process described in Section B, below, except that for the life of this Agreementsupervisor, the Union, on behalf supervisor shall prepare an appraisal of the Counselor who seeks a review, may choose employee which shall be considered with other appraisals received during the year in order to process develop the Counselor’s claim through Article 5 – Grievance Procedure, Section 3, Grievances Other Than Discipline instead of utilizing the Review Processannual summary rating. Section 4. An EOF Counselor whose When a performance appraisal is appraised in established it shall include at least the overall evaluation section as unsatisfactory performance because of performance deficienciesfollowing: A. Performance expectations applicable to the period it is being established for which may be changed only after review with the employee; B. Modifications to the employee’s job assignments, but who cannot seek if any, applicable to the next period which may be changed only after review with the employee; and C. Recommendations, if any, for training to enhance the employee’s skills. Section 5. When a review using the process described in Section B, shall be re-evaluated on, or aboutnew supervisor is assigned to an employee, the following June 30. 5. If two shall meet within 90 days to review and/or modify the Counselor sufficiently improves his/her existing performance by appraisal in order to clarify the June re- evaluation to assignments and duties of the extent that the overall evaluation is changed from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating during the next fiscal year, beginning July 1. 6. If the Counselor does not sufficiently improve his/her performance by the June re-evaluation, employee and the overall evaluation remains unsatisfactory, expectations of the Counselor shall be re-evaluated on or about the following September 30. If the Counselor sufficiently improves his/her performance from unsatisfactory performance to satisfactory performance, the Counselor shall be eligible to receive the performance based salary increases and/or performance based bonuses appropriate for the satisfactory overall rating effective on or about October 1. No retroactivity will applynew supervisor.