Recently, CAPE was advised that the Personnel Director had indicated the current dispute resolution process was voided by the passage of S. B. 211, and to utilize the current grievance procedure.
Some clarification is needed.
Additionally, there needs to be a contingency plan for the retroactive application of the resolution of a dispute that is favorable to the employee. This is especially important given the trend of agencies to base promotional eligibility on the results of the performance evaluation. CAPE does not believe the draft plan can take away a right provided in statute. The formula is not predictable without defining, or at a minimum, better explaining what the values are for X, Y, and Z. CAPE believes this approach contradicts the uniform and consistent requirement in S. B. 211. Examples of how this formula might work need to be included in the final draft and better explained.