MA Gen L ch 31 § 6a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 31 - Civil Service|Section 6a - Performance Evaluation System; Implementation

  Section 6A. The administrator shall establish a program for the implementation of a performance evaluation system for all civil service employees. In the development of the performance evaluation system for municipal civil service employees the administrator shall, in conjunction with representatives of the collective bargaining units to be evaluated and the Massachusetts Municipal Association, determine their form, method and general criteria.  The administrator shall supervise the general implementation of the performance evaluation system for the commonwealth's civil service employees and in conjunction with representatives of the collective bargaining units to be evaluated, determine their form, method and general criteria. The evaluation system shall, to the maximum extent possible, evaluate on the basis of objective criteria, the job performance of each such employee, and the results of such evaluations may be utilized by the department or the appointing authority in future personnel determinations. Upon the establishment of the general format and criteria for such evaluation system, such format and criteria shall be adopted as rules by the administrator in accordance with the provisions of section four.[ Third paragraph effective until December 13, 2021. For text effective December 13, 2021, see below.]  Such evaluation system shall include, but not be limited to, the following general provisions:  (1) An employee serving in a civil service position may be evaluated no more than twice each year by the employee's immediate supervisor.  (2) All performance evaluations shall be in writing and shall be maintained as part of the employee's records by his appointing authority until such employee leaves civil service employment or as otherwise prescribed by the administrator.  (3) Prior to each evaluation period, the immediate supervisor shall inform the employee of the general performance dimensions and the procedures to be utilized in evaluating the employee's performance. The supervisor shall also inform the employee that such evaluation may be utilized by the department or the appointing authority in future personnel determinations.  (4) After such evaluation has been conducted, the immediate supervisor shall confer with the employee concerning the evaluation. Upon the completion of the employee's review of such evaluation, the employee shall sign the evaluation indicating whether he agrees or disagrees with the evaluation. If the employee so desires, he or, with the employee's consent, his collective bargaining agent, may be provided a copy of such evaluation.[ Third paragraph as amended by 2021, 102, Sec. 15 effective December 13, 2021. For text effective until December 13, 2021, see above.]  Such evaluation system shall include, but not be limited to, the following general provisions:  (1) All performance evaluations may be in writing or a printable electronic format and shall be maintained as part of the employee's records by the employee's appointing authority until the employee leaves civil service employment or as otherwise prescribed by the administrator.  (2) Prior to each evaluation period, the immediate supervisor shall inform the employee of the general performance dimensions and the procedures to be utilized in evaluating the employee's performance; provided, however, that the supervisor shall also inform the employee that the evaluation may be utilized by the department or the appointing authority in future personnel determinations.  (3) After the evaluation has been conducted, the immediate supervisor shall confer with the employee concerning the evaluation; provided, however, that upon completion of the employee's review of an evaluation, the employee shall acknowledge receipt of the evaluation and indicate whether the employee agrees or disagrees with the evaluation; and provided further, that upon request, the employee or, with the employee's consent, the employee's collective bargaining agent, may be provided with a copy of the evaluation.