Common use of Performance Evaluation Disputes Clause in Contracts

Performance Evaluation Disputes. An employee who is dissatisfied with a written performance evaluation which does not involve the denial of a performance incentive may obtain review of that evaluation through the following procedure, which shall be the sole and exclusive remedy for such disputes. A. An Overall Rating of Mid Acceptable or Higher: An employee who is dissatisfied with a written performance evaluation that includes an overall rating of mid acceptable or higher may attach a written rebuttal to his or her performance evaluation prior to finalization of the evaluation. B. An Overall Rating of Low Acceptable or Lower, or A Specific Rating of Unacceptable: An employee who receives an overall rating of low acceptable or lower, or a specific rating of unacceptable, may obtain review of that evaluation, or the specific area rated unacceptable, through the following procedure: The written request must state specifically the allegations to be investigated and, to the degree that information in support of those allegations is known, identify the facts surrounding the controversy. The list of allegations to be investigated shall not be expanded after the initial submission to the Employer except by written mutual agreement of the parties. Upon receipt of a written request, the Director shall transmit a copy of the request to the employee’s director or section manager if the employee works in the Division of Personnel and Labor Relations. The division director or section manager shall have thirty (30) days to assign an investigator outside the complaint’s direct chain of command to investigate and make written recommendations to the Director regarding revision of the evaluation, with a copy to the CEA. If a hearing is requested, every reasonable effort shall be made to schedule the hearing within thirty

Performance Evaluation Disputes. ‌ An employee who is dissatisfied with a written performance evaluation which does not involve the denial of a performance incentive may obtain review of that evaluation through the following procedure, which shall be the sole and exclusive remedy for such disputes. A. An Overall Rating of Mid Acceptable or Higher: An employee who is dissatisfied with a written performance evaluation that includes an overall rating of mid acceptable or higher may attach a written rebuttal to his or her performance evaluation prior to finalization of the evaluation. B. An Overall Rating of Low Acceptable or Lower, or A Specific Rating of Unacceptable: An employee who receives an overall rating of low acceptable or lower, or a specific rating of unacceptable, may obtain review of that evaluation, or the specific area rated unacceptable, through the following procedure: The written request must state specifically the allegations to be investigated and, to the degree that information in support of those allegations is known, identify the facts surrounding the controversy. The list of allegations to be investigated shall not be expanded after the initial submission to the Employer except by written mutual agreement of the parties. Upon receipt of a written request, the Director shall transmit a copy of the request to the employee’s director or section manager if the employee works in the Division of Personnel and Labor Relations. The division director or section manager shall have thirty (30) days to assign an investigator outside the complaint’s direct chain of command to investigate and make written recommendations to the Director regarding revision of the evaluation, with a copy to the CEA. If a hearing is requested, every reasonable effort shall be made to schedule the hearing within thirty