Scope and Purpose, Definitions., Minimum Requirements., Career Service., Selected Exempt Service., Senior Management Service., Transitional Provision  

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    DEPARTMENT OF MANAGEMENT SERVICES
    Personnel Management System

    RULE NO: RULE TITLE
    60L-35.001: Scope and Purpose
    60L-35.002: Definitions.
    60L-35.003: Minimum Requirements.
    60L-35.004: Career Service.
    60L-35.005: Selected Exempt Service.
    60L-35.006: Senior Management Service.
    60L-35.007: Transitional Provision

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33 No. 27, July 6, 2007 issue of the Florida Administrative Weekly.

    PERFORMANCE EVALUATION MANAGEMENT SYSTEM

    60L-35.001 Scope and Purpose.

    This chapter sets forth the rules governing the Performance Evaluation Management System, which is the method basis for reviewing and evaluating the job performance of employees in the state’s Career Service, Selected Exempt Service, and Senior Management Service. The Performance Evaluation Management System enables employees to receive feedback concerning performance of assigned duties and responsibilities. It informs them of their strengths and areas of needed improvement in job performance, identifies current and future training needs, and provides documentation for awarding discretionary merit increases, and lump sum bonuses in accordance with Section 110.1245(2), Florida Statutes.

    Specific Authority 110.1055, 110.224(3), 110.403, 110.605 FS. Law Implemented 110.1245(2)(b)5., 110.224, 110.403(1)(b), 110.605(1)(b) FS. History–New_________.

     

    60L-35.002 Definitions.

    For the purpose of administering this chapter, the following definitions shall apply:

    (1) Agency Designated Evaluation Date – The date selected by an agency which begins the 60-day period within which all annual evaluations shall be conducted.

    (2) Evaluation Period – The period of time covered by the performance plan, not to exceed one year.

    (3) Overall Rating – The average of the individual ratings for each performance expectation reviewed that shall indicate the employee’s level of performance for the evaluation period, which is derived as follows:. In calculating this average, all digits four or more places to the right of the decimal shall be dropped.

    (a) Calculate the average of all of the individually-rated expectations. In calculating this average, all digits three or more places to the right of the decimal shall be dropped. No rounding shall be used in this calculation.

    (b) Locate the numeric range in which the calculated average falls on the below chart and assign the corresponding overall rating.

     

    OVERALL RATING SCALE

    NUMERIC RANGE 

    OVERALL RATING

    4.75 and above

    Outstanding

    4.00 – 4.74

    Commendable

    3.00 – 3.99

    Satisfactory

    2.75 – 2.99

    Needs Improvement

    2.74 and below

    Unsatisfactory

     

     

    (4) Performance Evaluation – An oral and written assessment of an employee’s performance of assigned duties and responsibilities as reflected in the employee’s performance expectations and documented on a performance evaluation form.

    (5) Performance Expectation – A statement that describes satisfactory performance of an essential specific duty or responsibility as listed in the position description or satisfactory demonstration of an attribute or value that the agency deems necessary for the accomplishment of its and the core missions of the agency. For purposes of this rule, an essential duty or responsibility is a duty or responsibility the successful performance of which is critical to fulfilling the requirements of the position.

    (6) Performance Plan – An oral and written notification prepared by the rater in conjunction with the employee that identifies the performance expectations by which the employee will be evaluated at the end of the designated evaluation period.

    (7) Rater – The employee’s current immediate supervisor or a designated managerial employee who has knowledge of the employee’s duties, responsibilities and job performance.

    Specific Authority 110.1055, 110.224(3), 110.403, 110.605 FS. Law Implemented 110.1245(2)(b)5, 110.224, 110.403(1)(b), 110.605(1)(b) FS. History–New ________.

     

    60L-35.003 Minimum Requirements.

    (1) The rater shall conduct a performance planning session with the employee to identify the performance expectations by which an employee shall be evaluated and to review the performance expectations and rating scale. The rater shall also provide an opportunity for employee feedback regarding what is expected of the employee in the position. A performance plan shall be signed by the rater and the employee, indicating that the performance expectations have been discussed. A copy of the signed performance plan shall be made available to the employee. In the event an employee refuses to sign the performance plan, the rater shall make a signed and dated notation on the plan that the employee refused to sign.

    (2) The rater shall manage performance by:

    (a) Conducting written and oral performance evaluations of his/her employees at least annually. Such evaluations must be completed within sixty (60) calendar days following the agency designated evaluation date.

    (b) Providing employees with coaching and meaningful feedback regarding job performance throughout the evaluation period.

    (c) Informing the employee orally and in writing throughout the evaluation period, of performance deficiencies and or areas where corrective action to be taken, in order to facilitate the employee’s progress toward meeting performance expectations improvement is needed.

    (d) Meeting in person with the employee, when practicable, for performance planning and performance evaluation.

    (3) At a minimum, a written performance evaluation shall include:

    (a) A rating of the employee’s job performance during the evaluation period for each performance expectation identified in the performance plan. Each The performance expectations shall be measured using the following scale.

     

     

     

    RATING

     

     

    numeric

    scale

    INDIVIDUAL PERFORMANCE EXPECTATIONS MANAGEMENT SYSTEM RATING SCALE

     

    definition and examples

    Exceptional

    5

    Employee consistently exceeds the performance expectation(s) of the position. For example: The employee requires little or no supervision from management in accomplishing his/her tasks and seeks opportunities to enhance the organization. The employee possesses highly advanced job knowledge. The employee is relied upon to solve complex problems and applies creativity and innovative approaches in formulating solutions.

    Above Expectations

    4

    Employee consistently meets and often exceeds the performance expectation(s) of the position. For example: The employee requires minimal supervision from management in accomplishing his/her tasks. The employee possesses a thorough knowledge of the job, and often solves or assists in solving complex problems.

    Meets Expectations

    3

    Employee consistently meets and may occasionally exceed the performance expectation(s) of the position. For example: The employee requires moderate supervision from management in accomplishing his/her tasks. The employee possesses sufficient knowledge and/or initiative to execute his/her duties and responsibilities.

    Below Expectations

    2

    Employee exhibits inconsistent job performance, but has the capacity to improve to meet the performance expectation(s) of the position. For example: At times the employee requires close supervision where he/she should be operating on his/her own. The employee sometimes lacks the initiative, and/or job knowledge to execute his/her duties and responsibilities.

    Unacceptable

    1

    Employee consistently fails to meet the designated performance expectation(s). For example: tThe employee requires close supervision and his/her work requires continual correction. The employee’s job knowledge is insufficient to meet daily requirements.

    N

    None

    given

    No longer applicable or unable to determine.

     

     

    (b) Comments relating to the employee’s job performance for each performance expectation ratings of “Exceptional” and “Above Expectations”.

    (c) Comments relating to the employee’s job performance for each performance expectation rating of “Below Expectations” and “Unacceptable”, as well as prescribed developmental activities and corrective action(s) for areas where improvement is required.

    (d) The An overall rating of the employee’s job performance during the evaluation period, which shall not be adjusted or affected by the ratings of any other employees being rated.

    (e) At the agency’s discretion, performance plans and evaluations may be reviewed by a higher level authority and comments may be provided. However, cCompleted performance plans and evaluations shall not be changed by a higher level authority.

     

    (4) Employees with an overall rating of either “Below Expectations” or “Unacceptable” shall be considered to have not met their performance expectations for the position during that evaluation period.

    (5) Other than probationary employees addressed in paragraph 60L-35.004(3), F.A.C., eEmployees who do not receive a performance evaluation within sixty (60) calendar days following the agency designated evaluation date shall be considered to have met their performance expectations as documented on their performance plan, and will receive a rating of “Meets Expectations” for each performance expectation and an for the overall rating of “Satisfactory”.

    (6) A description of training and educational opportunities for the employee may be included as part of the performance planning/evaluation process. Training opportunities may include those available under Sections 110.1099 and 110.235, FS.

    (7) The performance evaluation shall be signed by the rater and the employee. The signature of the employee shall indicate only that the employee’s job performance has been discussed with the employee and does not imply that the employee agrees or disagrees with the rater’s assessment of his/her performance. The employee may attach written comments to the performance evaluation form in response to the evaluation. In the event an employee refuses to sign the performance evaluation, the rater shall make a signed and dated notation on the evaluation that the employee refused to sign.

    (8) A performance evaluation is considered to be complete when it has been discussed with the employee and the employee has signed or refused to sign the evaluation. The evaluation shall then be included in the employee’s personnel file, and a copy shall be made available to the employee.

    (9) Agencies may develop additional internal performance evaluation policies that comply with this performance evaluation management rule. These policies may include:

    (a) Provisions for conducting performance evaluations more frequently than designated in the rule.

    (b) Instructions regarding when supervisors should take documented corrective action needed to improve an employee’s performance level, and when to take further action in accordance with Rule 60L-36.005, F.A.C.

    (10) An agency may use forms developed by the Department of Management Services or forms developed by their agency to evaluate and document their employee’s performance.

    Specific Authority 110.1055, 110.224(3), 110.403, 110.605 FS. Law Implemented 110.1245(2)(b), 110.224, 110.403(1)(b), 110.605(1)(b) FS. History–New _______.

     

    60L-35.004 Career Service.

    (1) Agencies shall comply with this performance evaluation management rule when reviewing and evaluating the performance of Career Service employees.

    (2) Upon original appointment, promotion, demotion, or reassignment to a position with different job duties or responsibilities, and at the beginning of each evaluation period, the rater shall conduct a performance planning session with the employee.

    (3) Career Service employees in probationary status shall have a performance evaluation completed on or before within thirty (30) calendar days prior to the end of the probationary period provided that, if the probationary period is extended pursuant to agency policy, the extension shall be noted on the evaluation form and the employee shall have another performance evaluation completed on or before within thirty (30) calendar days prior to the end of the extended probationary period. Failure to evaluate the probationary employee on or before the end of the probationary period will result in the employee successfully completing their probationary period.

    Specific Authority 110.1055, 110.224(3) FS. Law Implemented 110.1245(2)(b), 110.224 FS. History–New _________.

     

    60L-35.005 Selected Exempt Service.

    (1) Agencies shall comply with this performance evaluation management rule when reviewing and evaluating the performance of Selected Exempt Service employees covered by collective bargaining agreements.

    (a) Upon original appointment and at the beginning of each evaluation period, the rater shall conduct a performance planning session with the employee.

    (b) Agencies may also incorporate any elements that the agency head deems appropriate for evaluating performance in relationship to the requirements of the position filled by the employee, so long as such elements do not conflict with this rule.

    (2) In accordance with Section 110.605(1)(b), Florida Statutes, aAgencies shall develop their own respective performance evaluation management system for reviewing and evaluating the performance of all other Selected Exempt Service employees. Such agency performance management system shall incorporate performance expectations that, at a minimum, address the following:

    (a) The efficiency, productivity and effectiveness of the individual employee; and

    (b) The efficiency, productivity and effectiveness of the organizational unit(s) under the employee’s direction, if applicable.

    (3) An agency head may propose for Department approval an alternative performance   management system for Selected Exempt Service employees. Provided, however, that performance plans developed for Selected Exempt Service employees who are covered by a collective bargaining agreement shall incorporate performance expectations that, at a minimum, address the following:

    (a) The efficiency, productivity and effectiveness of the individual employee; and

    (b) The efficiency, productivity and effectiveness of the organizational unit(s) under the employee’s direction if applicable.

    Specific Authority 110.1055, 110.605(1) FS. Law Implemented 110.1245(2)(b), 110.605(1)(b) FS. History–New _________.

     

    60L-35.006 Senior Management Service.

    (1) Agencies shall comply with this performance evaluation management rule when reviewing and evaluating the performance of Senior Management Service employees.

    (a) Upon original appointment and at the beginning of each evaluation period, the rater shall conduct a performance planning session with the employee.

    (b) The performance plan of Senior Management Service employees shall incorporate performance expectations that, at a minimum, address the following:

    1. The efficiency, productivity and effectiveness of the individual employee; and

    2. The efficiency, productivity and effectiveness of the organizational unit(s) under the employee’s direction.

    (c) Agencies may also incorporate any elements that the agency head deems appropriate for evaluating performance in relationship to the requirements of the position filled by the employee, so long as such elements do not conflict with this rule.

    (2) An agency head may propose for Department approval an alternative performance evaluation management system for Senior Management Service employees. Such agency systems shall incorporate, at a minimum, performance expectations that address the following:

    (a) The efficiency, productivity and effectiveness of the individual employee; and

    (b) The efficiency, productivity and effectiveness of the organizational unit(s) under the employee’s direction.

    Specific Authority 110.1055, 110.1099(5), 110.201, 110.224(3), 110.403, 110.605 FS. Law Implemented 110.1245(2)(b)5., 110.403(1)(b) 110.224, 110.227 FS. History–New _______.

     

    60L-35.007 Transitional Provision.

    To allow adequate time for agencies to adapt their operational procedures for carrying out the provisions of this rule chapter, agencies have until July 1, 2008 to implement this rule.

    Specific Authority 110.1055, 110.201, 110.224(3), 110.403, 110.605 FS. Law Implemented 110.1245(2)(b)5., 110.224, 110.227, 110.403(1)(b), 110.605(1)(b) FS. History–New__________.