Chapter 123:1-29 Performance Evaluation System

123:1-29-01 Performance evaluation.

(A) Classified state employees serving in a classification established pursuant to division (A) of section 124.14 of the Revised Code shall be rated or evaluated with respect to performance efficiency twice during the employee's probationary period and once during each calendar or anniversary year.

(B) The first performance evaluation shall be completed within thirty days of the conclusion of the first half of the probationary period. The second evaluation shall be completed within thirty days of completion of the probationary period, unless the employee is given a probationary removal or reduction, in which case the final evaluation will be made at the time of the removal or reduction. The final probationary evaluation shall state whether the employee is to be retained or probationarily removed or reduced.

(C) All employees specified in paragraph (A) of this rule who have completed their probationary periods shall be evaluated once a year. The annual evaluation shall measure the employee's performance for the year immediately preceding the evaluation date or for that portion of the year after the completion of the employee's initial probationary period. Employees shall be evaluated within the sixty-day period beginning thirty days prior to and ending thirty days subsequent to their evaluation date, provided, however, that the director may authorize an appointing authority to have annual evaluations for some or all of the appointing authority's employees completed on an alternate schedule. For purposes of this rule, the evaluation date shall be calculated from the date of commencement of continuous service, except that when an employee is hired or promoted on or after November 10, 1996, the annual evaluation date will become the date the initial or promotional probationary period was completed.

(D) Each employee shall be evaluated by his or her immediate supervisor. If an employee has been reassigned to a new supervisor within one month of the evaluation date, the new supervisor should consult with the previous supervisor in completing the evaluation if possible. If an employee receives approximately equal supervision from two persons, both supervisors shall cooperate in and sign the evaluation. With the approval of the director, an employee may be evaluated by coworkers, fellow team members, customers, employees he or she supervises, and/or other appropriate personnel in addition to or instead of the employee's immediate supervisor.

(E) Forms for performance evaluation ratings and a schedule of annual ratings shall be prepared and made available to all state agencies by the director. With the approval of the director, an appointing authority may use an alternate form.

(F) All agencies shall use the performance evaluation as a tool of supervision and training.

Effective: 10/06/2013
R.C. 119.032 review dates: 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.31
Prior Effective Dates: 1/9/76, 9/10/81, 10/25/95 (Emer.), 1/23/96, 11/10/96, 4/5/99, 11/18/12

123:1-29-02 Review of performance evaluation within agency.

(A) Upon completion of the performance evaluation form by the rater of an employee in the service of the state, the rater should discuss the evaluation with the employee. The employee shall sign the evaluation to indicate that the employee has reviewed the completed evaluation. The employee's signature merely indicates an acknowledgement that the employee has reviewed a copy of the completed evaluation; it does not indicate agreement with its contents. An electronic signature, using a method approved by the director, is a valid form of signature on the evaluation. Refusal of the employee to sign the evaluation form shall constitute waiver of the employee's right to a review of the performance evaluation by the employing agency or the director.

(B) Each appointing authority shall establish procedures providing for the review or modification of a rating. At a minimum, the internal review procedure shall include a review by the employee's rater and/or personnel officer.

Effective: 11/18/2012
R.C. 119.032 review dates: 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.09
Prior Effective Dates: 1/9/76, 9/10/81, 2/4/96

123:1-29-03 Review of performance evaluation by director of administrative services.

(A) Upon the employee's written request, the director may review the annual performance evaluation of a state employee who is exempt from collective bargaining. The director shall not review performance evaluations of employees of the state colleges and universities or county offices. An employee must request a review within fifteen days from the date of disposition of the internal review by the employee's appointing authority. An employee shall not be entitled to a review by the director until he or she has exhausted all available internal review procedures of the employing agency.

(B) The director may review a performance evaluation, whether or not an employee has so requested, when the director has reason to believe that a review is justified.

(C) Following completion of the review, the director may order:

(1) That the evaluation stand unaltered,

(2) That all or part of the evaluation be expunged from the employee's personnel file,

(3) That individual ratings be raised or lowered, or

(4) Any other appropriate remedy.

(D) The director shall not alter or expunge a performance evaluation unless the employee establishes by a preponderance of the evidence:

(1) That the rater, reviewer, or appointing authority abused his or her discretion, producing an inaccurate, unfair, or prejudicial evaluation, or

(2) That the employing agency failed to substantially comply with these rules or with the agency's internal procedures in completing or reviewing the performance evaluation.

R.C. 119.032 review dates: 01/05/2011 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.09
Prior Effective Dates: 1/9/76, 9/10/81, 2/4/96, 4/5/99

123:1-29-04 [Rescinded] County evaluation system.

Effective: 11/18/2012
R.C. 119.032 review dates: 08/24/2012
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.31
Prior Effective Dates: 8/19/07