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 each calendar year thereafter on a schedule set by the appointing authority.

(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 each calendar year on a schedule selected by the appointing authority. The annual evaluation shall measure the employee's performance for the three hundred sixty-five day periodimmediately preceding the evaluation date or for that portion of the three hundred sixty-five day period after the completion of the employee's 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 a different annual evaluation schedule for some or all of the appointing authority's employees.

(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 coordinate efforts to complete 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. This does not preclude agencies from using the performance evaluation for other purposes, including as evidence of an employee's incompetency, inefficiency or unsatisfactory performance pursuant to section 124.34 of the Revised Code.

Effective: 9/20/2015
Five Year Review (FYR) Dates: 07/02/2015 and 09/08/2020
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, 10/6/13

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.

Five Year Review (FYR) Dates: 10/28/2015 and 09/15/2020
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.09
Prior Effective Dates: 1/9/76, 9/10/81, 2/4/96, 11/18/12

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.

Five Year Review (FYR) Dates: 10/28/2015 and 09/15/2020
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 1243.09
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