Chapter 4901-90 | Performance Evaluations; Grievances

Rule 4901-90-02 | Performance evaluation.

• Effective: October 29, 1983
• Promulgated Under: 111.15 - IM

(A) Employee performance evaluations are conducted pursuant to provisions of the Revised Code and the Administrative Code. Evaluations are made at the end of the first half of the probationary period; at the end of the probationary period; and on a yearly basis.

(B) Performance evaluations are made by the employee's immediate supervisor, and shall indicate how well the employee performs his/her assigned duties, and are also used in determining retention points in case of layoff.

(C) The employee has the right to discuss his/her evaluation with the immediate supervisor and to make comments on the evaluation. All employees must sign his/her evaluation whether he/she agrees or disagrees with the rating. The employee's signature does not signify agreement with the rating but only that it has been seen and discussed. In addition, rule 123:1-29-02 of the Administrative Code indicates an employee's refusal to sign his/her evaluation shall constitute waiver of the employee's right to a review of the performance evaluation by the employing agency or the director.

(D) If the employee is not satisfied with his/her rating, he/she may appeal the evaluation through the commission appeal procedure.

(E) Performance review procedure. The internal review procedures an employee must follow are:

(1) If the employee is dissatisfied with his/her performance evaluation following the evaluation-interview, he/she may appeal the evaluation to the next supervisory level, i.e., the evaluator's supervisor.

(2) If the employee is dissatisfied with the review described in paragraph (E)(1) of this rule, he/she may appeal the evaluation to the division chief/department director and/or the chief of personnel.

(3) If the employee is dissatisfied with the review described in paragraph (E)(2) of this rule, he/she may appeal the evaluation to the chairperson of the commission or his/her designee.

(4) If the employee is dissatisfied with the review described in paragraph (E)(3), he/she may request further review of the evaluation by the director of administrative services.

(F) Note: In some instances, the review procedure will begin at paragraph (E)(2). For example, if an employee is evaluated by a department director as described in paragraph (E)(1), it would require a review by the chairperson (the evaluator's supervisor). Rather, in an instance like this, the review process would start at paragraph (E)(2) (chief of personnel) and then progress to the chairperson as described in paragraph (E)(3) of this rule.

(G) At each step of the review procedure, the reviewer may:

(1) Let the evaluation stand unaltered,

(2) Raise or lower individual ratings, or

(3) Suggest and/or implement any other appropriate remedy.

(H) Filing procedures. The request for each step of the review process must be made in writing by the employee to the appropriate party within five working days of the previous review. A copy of each request must be filed with the personnel division of the commission. Failure to comply with either of the provisions described in this paragraph will be considered as the employee's desire to terminate the appeal process.

Supplemental Information

Authorized By: –
Amplifies: –
Five Year Review Date:

Rule 4901-90-03 | Grievance procedure.

• Effective: March 22, 1985
• Promulgated Under: 111.15 - IM

(A) Policy. It is the commission's desire to foster sound employee-supervisor relations through communication and prompt resolution of work-related problems. To provide for the settlement of any differences which might otherwise detract from a sound relationship, the commission provides the following grievance procedure.

(B) Definition. A "grievance" is defined as any current personnel problem involving an employee's belief that his or her employment relationship is being adversely affected by an improper application or interpretation of laws, personnel procedures or departmental policies relating to said employment. Complaints concerning civil service examinations, certification lists, rate of pay, position classifications, performance evaluations, removals, suspensions of more than three days, or reductions will not be considered under these procedures. Chapter 124. of the Revised Code, Ohio civil service laws, and the administrative rules of the director of the department of administrative services govern these matters. It should be noted that this grievance procedure does not limit or replace the equal employment opportunity complaint procedure. Any employee desiring information or assistance in the area of equal employment opportunity should contact the equal employment opportunity office. The following grievance procedure describes the actions an employee may take to attempt to resolve any other work-related differences.

(C) Rights. All staff members have the right to attempt to resolve a grievance without fear of criticism, reprisal, interference, or coercion. Employee grievance petitions will be handled in a fair and prompt manner.

(D) Informal resolution. Every effort will be made to resolve complaints at the lowest level of supervision. An informal attempt at resolution shall be made initially by the employee with his/her immediate supervisor within seven days of the occurrence of the incident causing the complaint, or within seven days from the time the staff member could reasonably be expected to have knowledge of the situation. The employee should be prepared with notes, dates and any other pertinent information to establish the validity of the grievance. The supervisor shall issue a decision within seven days after receiving the grievance. If a supervisor fails to respond to the complaint within the time limits specified, or if the employee is not satisfied with the response, he/she may file a written, formal grievance.

(E) Procedural guidelines.

(1) All time limits specified in the resolution of a grievance are calendar days. In the event of extenuating circumstances, or by mutual consent, the time limits may be extended.

(2) Written complaints should be clearly stated, include all necessary information, and summarize all recommendations up to the current step in the process. Once a complaint is submitted for review, it shall not be amended by either party.

(3) Grievance hearings shall be scheduled at mutually satisfactory times, during working hours.

(4) An employee may request assistance from the personnel office to clarify rules, regulations, policies and procedures applicable to the complaint.

(5) If an employee fails to appeal the complaint to the next step of the procedure within the time limits specified, the grievance shall be considered settled with the last answer given as the acceptable resolution.

(6) If a supervisor fails to respond to the complaint within the time limits specified, the employee may take the grievance to the next level of resolution.

(7) Grievance information or testimony must be treated in a most discreet and confidential manner by all persons involved.

(F) Formal resolution.

(1) If discussions with the immediate supervisor do not resolve the grievance to the employee's satisfaction, the employee shall submit the complaint in writing to the division chief/department director for review, within seven days of the decision by the immediate supervisor. The written complaint should state the problem in detail, listing dates, times, places, and other pertinent information to assist in resolving the grievance. The division chief/department director shall review the complaint promptly and within seven days from the receipt of the written complaint provide a written decision to the employee with a copy of the decision to the immediate supervisor. The employee has five days to request a review of the grievance at the next level. If the grievance has not been resolved to the employee's satisfaction, the employee shall forward the written complaint and the decision by the division chief/department director to the chief of personnel for review and resolution. If the initial grievance should be with the personnel chief, the employee will request a review of the complaint with the director of administration.

(2) Upon receiving the grievance, the personnel chief will conduct an investigation into the circumstances surrounding the complaint, possibly including a meeting with the employee and any other individuals as may be necessary. The decision of the chief of personnel shall be issued in writing within seven days of receiving the complaint, with a copy to the department director. All meetings with the chief of personnel and the employee/supervisor/division chief/department director will be documented and copies of the complaint, facts and information accumulated, and the grievance appeals and responses will be distributed to the participants.

(G) Commission review. If the complaint is not resolved satisfactorily after review by the personnel chief, either party may request, within five days of the personnel chief's decision, a review of the matter by the commissioners or a designate thereof. Within five days, or as soon thereafter as possible, of a request for a commission review of the complaint, a commissioner or designee will arrange a meeting among all parties to the grievance: the complainant, the supervisor, the division chief/department director, and the chief of personnel, and/or any other individuals as is deemed necessary. Within seven days of the meeting, the commission/designee will review the grievance with the other commissioners. Within seven days of the commissioners' review of the case, a decision will be issued, with at least three of the commissioners agreeing. This decision is final and documented copies of the complaint, facts and information accumulated, the grievance appeals and responses, and the final decision will be forwarded to all participants and the state personnel division.

Supplemental Information

Authorized By: –
Amplifies: –
Five Year Review Date:

Rule 4901-90-04 | County of employment.

• Effective: December 31, 1990
• Promulgated Under: 111.15 - IM

(A) Definitions. As used herein, the following definitions shall apply:

(1) "County of employment" means the office address at which an employee has his or her primary work assignment, or if an employee's primary work assignment involves regularly scheduled travel, the place from which an employee can most effectively carry out his or her duties or an area where there exists an identified operational need. For the purpose of this rule, "headquarter county" is interchangeable with "county of employment."

(2) "Office staff" means employees who report to the commission's Columbus office on an average of more than two days per week. The county of employment for office staff shall be Franklin county.

(3) "Field staff" means employees who report to the commission's Columbus office on an average of two days per week or less. Time spent in Columbus for initial, special, or intermittent training shall not be considered when calculating this average.

(4) "County of residence" means the county in which an employee lives.

(5) "Operational area of need" means the state, county or municipal facility, report-in location, inspection location or city, whichever is appropriate, as designated by the proper supervisory authority. Any supervisory changes in the "operational area of need" for filled or vacant positions, must be approved by personnel before changes are implemented.

(6) "Newly appointed" means any newly hired person to the commission, and newly voluntarily promoted commission employee, any voluntarily demoted commission employee and/or any current employee who applied for and accepted a voluntary lateral transfer to a position other than their current position.

(B) A county of employment is designated for each commission position. This designation appears on the position description and on the position control roster.

(C) Employees of the commission or applicants of the commission for commission positions defined as office staff positions set forth in paragraph (A)(2) of this rule, need not reside in the designated "county of employment"; however, the commission does not reimburse an employee for travel expenses incurred while commuting from his or her home to the designated "county of employment," nor does the commission reimburse an employee for travel expenses incurred within his or her "county of residence." Travel expense reports will be reviewed periodically to ensure compliance with this policy.

(D) Individuals who voluntarily apply for proposed positions within the commission who are subsequently offered and accept positions are not considered transferees, regardless of whether or not they are employees of the commission at the time of application. Therefore, the commission is not liable for any relocation expenses that may result from an employee's decision to accept a position that has residency requirements and/or to move to, or closer to, the designated "county of employment" or "operational area of need," unless otherwise specified. "Newly appointed" individuals who are selected for field positions that have residency requirements must move into the designated required residency area by no later than thirty calendar days after the completion of their probationary period. Failing to do so will be cause for removal. This thirty calendar day moving requirement may be extended by the appropriate department director for up to thirty additional calendar days if requested in writing prior to the end of the first deadline and there are legitimate and reasonable reasons to justify the extension. All other requests for extensions must be approved by the chief of personnel and must be requested in writing prior to the expiration of the second deadline. During the probationary period and the grace periods stated above, successful candidates for field positions will not be compensated in any way for travel outside the radius established by the residency requirements for all field staff as stated in paragraph (F) of this rule. Exceptions to this requirement may be made on a case by case basis if approved by the chair of the commission.

(E) Successful applicants who are selected for positions within the commission, including commission employees who applied for a different position, shall be informed of this policy by being provided a copy of this document prior to processing the personnel action for appointment, promotion or transfer.

(F) Residency requirements for all "field staff":

All "newly appointed" staff, and/or current field staff who are changing their residence for personal reasons after the effective date of this policy, who are assigned to the transportation department's field operations whose regularly scheduled work duties, "operational area of need", is at some place different from the commission's Columbus office, shall be required to reside within a thirty mile radius of their "operational area of need." All other "newly appointed" staff, and/or current field staff who are changing their residence for personal reasons after the effective date of this policy, who are assigned to all other commission field operations whose regularly scheduled work duties, "operational area of need," is at some place different from the commission's Columbus office, shall be required to reside within a fifty mile radius of their "operational area of need." "Field staff" will be notified of their "operational area of need" upon implementation of this policy and when a vacant field position is posted.

Note: Failure to maintain compliance with the above mandatory residency requirement may subject the employee to disciplinary action, up to, and including, removal.

(G) Nothing in this policy shall impede management's right to assign or reassign employees to any designated "operational area of need" or "county of employment" as permitted by Ohio administrative rules.

(H) All commission staff are required to notify their supervisor and the personnel division prior to changing their residence.

Supplemental Information

Authorized By: –
Amplifies: –
Five Year Review Date:
Prior Effective Dates: 7/1/1986