reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 147 - Performance Advances And Performance Awards For Managerial/confidential Employees › Section 147.0 - Statement of policy

Current through Register Vol. 46, No. 28, July 10, 2024
It is the policy of the State of New York to evaluate
				  accurately managerial and confidential employees. One purpose of performance
				  evaluation is to serve as a positive motivator for managerial/confidential
				  employees to improve overall effectiveness and to increase productivity. The
				  second purpose of such evaluation is to compensate adequately
				  managerial/confidential employees, specifically excluded from representation
				  for purposes of collective negotiation, with an objective and merit-based
				  system linked to actual employee performance. Such compensation may include
				  performance advances and performance awards, or their equivalent made to
				  eligible employees.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 147 - Performance Advances And Performance Awards For Managerial/confidential Employees › Section 147.1 - Coverage

Current through Register Vol. 46, No. 28, July 10, 2024
These rules and regulations shall apply to the following
				  annual salaried employees, other than those in the exempt jurisdictional class
				  or in positions allocated to M8:
(a)
				officers and employees whose positions are designated managerial or
				confidential pursuant to article 14 of the Civil Service Law;
(b) civilian State employees of the Division
				of Military and Naval Affairs in the Executive Department whose positions are
				not in, or are excluded from representation rights in, any recognized or
				certified negotiating unit;
(c)
				officers and employees excluded from representation rights under article 14 of
				the Civil Service Law, pursuant to rules and regulations of the Public
				Employment Relations Board; and
(d)
				officers or employees whose salaries are prescribed by section 19  of the
				Correction Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 147 - Performance Advances And Performance Awards For Managerial/confidential Employees › Section 147.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of this Part, certain terms are defined as
				  follows:
(a) Hiring rate. The greater
				of the minimum salary stated in the salary schedule for each of the salary
				grades applicable to employees covered by this Part, or the minimum salary
				otherwise established by the Director of the Budget.
(b) Job rate. The lesser of the maximum
				salary stated in the salary schedule for each of the salary grades applicable
				to employees covered by this Part, or the maximum salary otherwise established
				by the Director of the Budget.
(c)
				Salary range. The dollar difference between the hiring rate and the job rate of
				a salary grade.
(d) Performance
				advance. An annual increase in the basic salary for an employee who is below
				the job rate of the salary grade, based on performance evaluations.
(e) Performance award or merit payment. A
				lump sum annual payment made to an employee who is within two percent of the
				job rate, based on a performance evaluation.
(f) Longevity performance award. An increase
				in the basic salary or lump sum, for an employee who has been at or above the
				job rate for five or more years, based on a performance evaluation.
(g) Equated to a grade. Positions equated to
				a grade as shown on the certificate of approval for the position, a budget
				director's approval form signed by the Director of the Budget or his designee,
				or the appropriate classification form (CC-4) signed by the Director of the
				Budget or his designee.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 147 - Performance Advances And Performance Awards For Managerial/confidential Employees › Section 147.6 - Part-time employees

Current through Register Vol. 46, No. 28, July 10, 2024
Part-time employees shall be eligible for performance
				  advances on the same basis as full-time employees. Performance awards,
				  longevity performance awards and merit payments shall be paid on a prorated
				  basis, based on the employee's status on July 1st for performance awards and
				  merit payments, and March 31st for longevity performance
				  awards.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 147 - Performance Advances And Performance Awards For Managerial/confidential Employees › Section 147.7 - Performance advancement payments for trainees

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding any other provision of this Part, employees
				  serving in nongraded trainee positions shall be subject to performance
				  evaluation processes and eligible for performance advances in accordance with
				  the terms of plans developed by the Director of Classification and Compensation
				  and approved by the Director of the Budget.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 147 - Performance Advances And Performance Awards For Managerial/confidential Employees › Section 147.8 - Performance advance payments for certain superintendents of correctional facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding any other provisions of this Part, officers
				  or employees whose salaries are prescribed by section 19  of the Correction Law
				  shall be subject to performance evaluation processes and be eligible for
				  performance advances in accordance with the terms of plans developed by the
				  Commissioner of Correctional Services and approved by the Director of the
				  Budget.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 147 - Performance Advances And Performance Awards For Managerial/confidential Employees › Section 147.9 - Agency performance rating and payment reporting requirement

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the request of the Director of the Budget, each agency
				  shall provide timely statistical reports of performance ratings, advances and
				  awards in a manner prescribed by the director. Such reports shall be filed
				  simultaneously in a timely fashion with the Director of the Budget and the
				  Director of Employee Relations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 147 - Performance Advances And Performance Awards For Managerial/confidential Employees › Section 147.10 - Waiving the rules and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
The specific provisions and limitations contained in this
				  Part may be waived pursuant to provisions of law by the Director of the Budget
				  whenever he/she determines that strict adherence to the rules would be
				  detrimental to the sound and orderly administration of State
				  government.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 148 - Performance Advancement Payments And Performance Award Payments For Employees In The Administrative Services, Institutional Services, And Operational Services Negotiating Units › Section 148.0 - Statement of policy

Current through Register Vol. 46, No. 28, July 10, 2024
On June 18, 1979, New York State and the Civil Service
				  Employees Association, Inc. (CSEA) signed a collective bargaining agreement for
				  the period April 1, 1979 through March 31, 1982, covering employees in the
				  Administrative Services, Institutional Services and Operational Services
				  negotiating units which requires that employee performance be evaluated in an
				  objective manner based on standards established by management. In June 1980,
				  the State and CSEA signed a second agreement which revised certain aspects of
				  the performance evaluation system outlined in the original agreement. Monetary
				  compensation in the form of a performance advancement payment or a performance
				  award payment shall be available to eligible employees in the three bargaining
				  units, dependent upon the employee performance rating. The purpose of such
				  performance evaluation is to motivate all employees toward more effective
				  performance and greater productivity by the provision of advancements or awards
				  to eligible employees.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 148 - Performance Advancement Payments And Performance Award Payments For Employees In The Administrative Services, Institutional Services, And Operational Services Negotiating Units › Section 148.1 - Coverage

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to all annual salaried employees in the
				  Administrative Services, Institutional Services and Operational Services
				  negotiating units whose positions have been allocated to salary grades or are
				  unallocated but are equated to salary grades by the Director of the Budget.
				  Excluded from coverage are those employees paid on other than an annual
				  basis.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 148 - Performance Advancement Payments And Performance Award Payments For Employees In The Administrative Services, Institutional Services, And Operational Services Negotiating Units › Section 148.4 - Performance advances

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Eligibility and effective date of payments.
(1) Only employees whose basic annual salary
				is less than the job rate and whose performance has been rated Effective or
				Outstanding during the preceding six-month evaluation period shall be eligible
				to receive performance advances. Employees eligible for a performance
				advancement who receive a final rating of Effectivewill receive an advancement
				once a year.
(2)
				Advancement-eligible employees who are assigned a final rating of Effective or
				Outstanding will receive a performance advancement payable effective the
				payroll period commencing four weeks after the payroll period in which the
				employee's performance evaluation is due.
(3) The rating of advancement-eligible
				employees rated Outstanding at the end of six months will be considered as a
				final rating and will begin a new 12- month rating cycle. Such employees will
				receive an advancement payable effective the payroll period commencing four
				weeks after the payroll period in which the employee's performance evaluation
				is due.
(4) Advancement-eligible
				employees who receive a final rating of Unsatisfactory will have the salary
				advancement withheld for one year unless the next six-month rating is
				Outstanding.
(5) Part-time
				employees who are eligible for a performance advancement will be paid on a
				prorated basis depending on the fractional equivalent of the time worked during
				each pay period.
(6) In no case may
				an employee's salary exceed the job rate of the salary grade by virtue of a
				performance advancement payment. However, that portion of the advance which
				would bring the employee's salary up to the job rate shall be paid as an
				advance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 148 - Performance Advancement Payments And Performance Award Payments For Employees In The Administrative Services, Institutional Services, And Operational Services Negotiating Units › Section 148.5 - Performance awards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Employees
				whose basic annual salary equals or exceeds the job rate of the salary grade on
				March 31st, who are still at or above the job rate of their salary grade as of
				October 1st, and who have 100 days of service between April 1st and September
				30th, or its equivalent for part-time employees, are eligible to be considered
				for payment of a nonrecurring lump sum performance award payable in December of
				that year.
(b) In accordance with
				negotiated agreements, one-half percent of the total base payroll on March 31st
				of the preceding fiscal year for the three units combined shall be allocated
				and utilized for performance awards during each fiscal year and shall be
				distributed proportionately among the three units by agency, and, as
				appropriate, shall be further distributed proportionately to facilities,
				regions, etc. In the event ratings of eligible employees are such that less
				than the agreed upon one half of one percent is paid in awards to Outstanding
				employees, the State and CSEA will meet to determine how the uncommitted funds
				will be expended. Each performance award for 1979 shall be $300. For 1980 and
				1981, the amount of the award will be increased by the percentage general
				salary increase then in effect in accordance with the applicable negotiated
				agreements and implementing legislation. Award-eligible employees who receive a
				final rating of Outstanding will receive an award. Such payment shall be in
				addition to, and not part of, the employee's basic annual salary; provided,
				however, that any amount payable pursuant to this section shall be included as
				compensation for retirement purposes.
(c) Part-time employees who are eligible for
				a performance award will be paid on a prorated basis depending on the part-time
				percentage on October 1st.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 148 - Performance Advancement Payments And Performance Award Payments For Employees In The Administrative Services, Institutional Services, And Operational Services Negotiating Units › Section 148.6 - Application of performance evaluation procedures to employees in non-graded positions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Employees in the Administrative Services, Institutional Services and
				Operational Services negotiating units in positions not allocated to a salary
				grade are eligible for performance advancement and performance award payments
				in a manner similar to persons in graded positions in these same negotiating
				units if the positions of such employees are equated to a salary grade by the
				Director of the Budget.
(b)
				Employees serving in nongraded trainee positions shall be eligible for
				performance advancement payments in accordance with the terms of plans
				developed by the Director of Classification and Compensation and approved by
				the Director of the Budget.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 148 - Performance Advancement Payments And Performance Award Payments For Employees In The Administrative Services, Institutional Services, And Operational Services Negotiating Units › Section 148.7 - Performance evaluation appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Employees may appeal only the performance
				evaluation ratings of Effective and Unsatisfactory. All appeals must be
				submitted in writing.
(1) The burden of proof
				in the case of employees appealing Effective ratings shall rest with the
				individual employee.
(2) The burden
				of proof in the case of employees appealing ratings of Unsatisfactory shall
				rest with management.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 148 - Performance Advancement Payments And Performance Award Payments For Employees In The Administrative Services, Institutional Services, And Operational Services Negotiating Units › Section 148.8 - Performance appeals boards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Each agency will establish one or more performance evaluation appeals board(s)
				as appropriate within a given agency. Where there are distinct agency
				subdivisions (facility, institution, region, division, etc.), there shall be
				local performance evaluation appeals boards by such subdivision as appropriate,
				based upon agency organization and distribution of employees by bargaining
				unit. Each such board will consist of two voting members selected by management
				and a nonvoting representative of the local CSEA Chapter.
(b) The statewide Performance Evaluation
				Appeals Board will be a three-person panel established for the purpose of
				hearing and deciding upon appeals from ratings of Unsatisfactory. One member
				shall be selected by the director of the Governor's Office of Employee
				Relations; a second member shall be selected by the statewide president of
				CSEA; and the third shall be jointly agreed upon by both the director of the
				Governor's Office of Employee Relations and the president of CSEA. Additional
				boards may be created by mutual agreement as warranted by the number of
				appeals, subject to the approval of the Director of the Budget. The cost of
				establishing such board or boards and paying the services of the neutral person
				may be funded from appropriations available pursuant to article 21 of the
				Negotiated Agreements.
(c) In the
				event that appeals are upheld, both the agency and the statewide appeals boards
				shall be empowered to direct appropriate retroactive payments subject to
				available appropriations as approved by the Director of the Budget.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 148 - Performance Advancement Payments And Performance Award Payments For Employees In The Administrative Services, Institutional Services, And Operational Services Negotiating Units › Section 148.9 - Monitoring the program

Current through Register Vol. 46, No. 28, July 10, 2024
The Performance Evaluation Subcommittee of the NYS-CSEA Joint
				  Labor-Management Committee on the Work Environment and Productivity will
				  monitor the administration of the program in accordance with the State/CSEA
				  agreements. Complaints and allegations of arbitrary actions by persons involved
				  in the administration of the program may be brought to the attention of the
				  subcommittee by appropriate responsible union or management
				  representatives.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 148 - Performance Advancement Payments And Performance Award Payments For Employees In The Administrative Services, Institutional Services, And Operational Services Negotiating Units › Section 148.10 - Reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the request of the Director of the Budget, each agency
				  shall provide timely statistical reports of performance evaluation ratings,
				  performance advancement payments and performance award payments in a manner
				  prescribed by the director. Such reports shall be filed simultaneously in a
				  timely fashion with the Director of the Budget and the director of the Office
				  of Employee Relations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 148 - Performance Advancement Payments And Performance Award Payments For Employees In The Administrative Services, Institutional Services, And Operational Services Negotiating Units › Section 148.11 - Agency performance evaluation plans

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the request of the Director of the Budget, each agency
				  shall submit a plan, developed in accordance with such guidelines as may be
				  issued for such purposes, which at a minimum sets forth the agency's projected
				  rating plan and anticipated expenditures for advancement and award payments for
				  the ensuing fiscal year or other appropriate reporting
				  period.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 148 - Performance Advancement Payments And Performance Award Payments For Employees In The Administrative Services, Institutional Services, And Operational Services Negotiating Units › Section 148.12 - Waiving of rules and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
The specific provisions and limitations contained in this
				  Part may be waived pursuant to provisions of law, in accordance with the terms
				  of negotiated agreements between the State and the Civil Service Employees
				  Association, Inc., reached, pursuant to article 14 of the Civil Service Law, by
				  the Director of the Budget whenever he determines that strict adherence to the
				  rules would be detrimental to the sound and orderly administration of State
				  government.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 149 - Performance Advancement Payments For Employees In The Security Services Negotiating Unit › Section 149.1 - Statement of policy

Current through Register Vol. 46, No. 28, July 10, 2024
On June 4, 1979, New York State and the Security Unit
				  employees, Council 82, AFSCME, AFL-CIO, signed a collective bargaining
				  agreement, for the period April 1, 1979 through March 31, 1982, covering
				  employees in the Security Services Negotiating Unit which requires that
				  employee performance be evaluated in an objective manner based on standards
				  established by a joint Labor/Management Committee. Monetary compensation, in
				  the form of a performance advancement payment, shall be available to eligible
				  employees in the unit dependent upon the employee performance rating. The
				  purpose of such performance evaluation is to motivate all employees toward more
				  effective performance and greater productivity by the provision of advancements
				  to eligible employees and by periodic job evaluation for
				  others.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 149 - Performance Advancement Payments For Employees In The Security Services Negotiating Unit › Section 149.2 - Coverage

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to all annual salaried employees in the
				  Security Services Negotiating Unit in the competitive, noncompetitive and labor
				  classes whose positions have been allocated to a salary grade, and other
				  employees whose positions are unallocated but are equated to salary grades by
				  the Director of the Budget. Excluded from coverage are those employees paid on
				  other than an annual basis.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 149 - Performance Advancement Payments For Employees In The Security Services Negotiating Unit › Section 149.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Wherever used in this Part:
(a) The hiring rate is the minimum salary
				stated in the salary schedule for each of the salary grades applicable to
				employees covered by this Part.
(b)
				The job rate is the maximum salary, exclusive of longevity payments, stated in
				the salary schedule for each of the salary grades applicable to employees
				covered by this Part.
(c) The
				salary range is the dollar difference between the hiring rate and the job rate
				of a salary grade.
(d) A
				performance advancement payment is an increase in basic annual salary for an
				employee who is below the job rate of the salary grade. Such payment is equal
				to the difference between the hiring rate and performance advancement rate 1 of
				the applicable salary schedule for the grade to which the employee's position
				is allocated.
(e) The anniversary
				date in salary grade is an employee's appointment date to salary
				grade.
(f) A performance rating is
				one of five terms used to describe an employee's performance. These terms are:
				outstanding, excellent, good, needs improvement, and unsatisfactory
				performance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 149 - Performance Advancement Payments For Employees In The Security Services Negotiating Unit › Section 149.6 - Applicaton of performance evaluation procedures to employees in nongraded positions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Employees in the Security Services Negotiating Unit in positions not allocated
				to a salary grade are eligible for performance advancement payments in a manner
				similar to persons in graded positions in this same negotiating unit if the
				positions of such employees are equated to a salary grade by the Director of
				the Budget.
(b) Employees serving
				in nongraded trainee positions shall be eligible for performance advancement
				payments in accordance with the terms of plans developed by the Director of
				Classification and Compensation and approved by the Director of the
				Budget.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 149 - Performance Advancement Payments For Employees In The Security Services Negotiating Unit › Section 149.7 - Performance evaluation appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Levels of appeal.
(1) Local level. An employee who disagrees
				with his/her assigned rating may appeal, within 14 calendar days of receipt of
				the rating, to a local management review board and seek to have the rating
				raised to the next higher level. If the organization of an agency is such that
				there is no need for a local board, this step in the process may be omitted.
				The local board will consider the appeal and issue a written determination
				within 14 calendar days of receipt of the appeal.
(2) Agency level. An employee who is rated as
				good or lower, and whose appeal has been denied at the local level, may appeal
				to a management review board at the agency level and seek to have his/her
				rating raised to the next higher level. An appeal to the agency board must be
				submitted within 14 calendar days of receipt of the decision of the local
				board. The agency board will consider the appeal and will issue a determination
				within 21 calendar days of the receipt of the appeal.
(3) Security Services Unit Appeals Board. An
				employee who is rated as unsatisfactory and whose appeal has been denied at the
				agency level may appeal to a board established jointly by the State and Council
				82. This board will consist of one management representative, one union
				representative and, when necessary, a chairperson mutually agreed upon. An
				appeal to the unit appeals board must be submitted within 14 calendar days of
				receipt of the decision of the agency board. The unit appeals board will
				consider the appeal and issue a determination within 60 calendar days of
				receipt of the appeal.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 149 - Performance Advancement Payments For Employees In The Security Services Negotiating Unit › Section 149.8 - Monitoring the program

Current through Register Vol. 46, No. 28, July 10, 2024
The joint Performance Evaluation Committee established
				  pursuant to article 11.2d of the 1979-82 Security Services Unit Agreement will
				  monitor the administration of the program in accordance with the agreement.
				  Complaints and allegations of arbitrary actions by persons involved in the
				  administration of the program may be brought to the attention of the
				  subcommittee by appropriate responsible union or management
				  representatives.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 149 - Performance Advancement Payments For Employees In The Security Services Negotiating Unit › Section 149.9 - Reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the request of the Director of the Budget, each agency
				  shall provide timely statistical reports of performance evaluation ratings and
				  performance advancement payments, in a manner prescribed by the director. Such
				  reports shall be filed simultaneously in a timely fashion with the Director of
				  the Budget and the Director of the Office of Employee
				  Relations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 149 - Performance Advancement Payments For Employees In The Security Services Negotiating Unit › Section 149.10 - Agency performance evaluation plans

Current through Register Vol. 46, No. 28, July 10, 2024
The Director of the Budget may require each agency to submit
				  a plan, developed in accordance with guidelines as may be issued for such
				  purposes, which at a minimum sets forth the agency's projected rating plan and
				  anticipated expenditures for advancement payments for the ensuing fiscal
				  year.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 149 - Performance Advancement Payments For Employees In The Security Services Negotiating Unit › Section 149.11 - Waiving the rules and regulations-exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
The specific provisions and limitations contained in this
				  Part may be waived by the Director of the Budget pursuant to provisions of law,
				  in accordance with the terms of negotiated agreements between the State and
				  Council 82, reached pursuant to article 14 of the Civil Service Law, whenever
				  he determines that strict adherence to the rules would be detrimental to the
				  sound and orderly administration of State government.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 150 - Performance Advancement Payments And Performance/longevity Payments For Employees In The Security Supervisors Negotiating Unit › Section 150.1 - Statement of policy

Current through Register Vol. 46, No. 28, July 10, 2024
On June 20, 1979, New York State and the Security Supervisors
				  Unit employees, Council 82, AFSCME, AFL-CIO, signed a collective bargaining
				  agreement for the period April 1, 1979 through March 31, 1982, covering
				  employees in the Security Supervisors Negotiating Unit which requires that
				  employee performance be evaluated in an objective manner based on standards
				  established by a joint Labor/Management Committee. Monetary compensation, in
				  the form of a performance advancement payment and/or a performance/longevity
				  payment shall be available to eligible employees in the unit dependent upon the
				  employee's performance rating. The purpose of such performance evaluation is to
				  motivate all employees toward more effective performance and greater
				  productivity by the provision of advancements and/or performance/longevity
				  payments to eligible employees and by periodic job evaluation for
				  others.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 150 - Performance Advancement Payments And Performance/longevity Payments For Employees In The Security Supervisors Negotiating Unit › Section 150.2 - Coverage

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to all annual salaried employees in the
				  Security Supervisors Negotiating Unit in the competitive, noncompetitive and
				  labor classes whose positions have been allocated to a salary grade, and other
				  employees whose positions are unallocated but are equated to salary grades by
				  the Director of the Budget. Excluded from coverage are those employees paid on
				  other than an annual basis.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 150 - Performance Advancement Payments And Performance/longevity Payments For Employees In The Security Supervisors Negotiating Unit › Section 150.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Wherever used in this Part:
(a) The hiring rate is the minimum salary
				stated in the salary schedule for each of the salary grades applicable to
				employees covered by this Part.
(b)
				The job rate is the maximum salary, exclusive of longevity payments, stated in
				the salary schedule for each of the salary grades applicable to employees
				covered by this Part.
(c) The
				salary range is the dollar difference between the hiring rate and the job rate
				of a salary grade.
(d) A
				performance advancement payment is an increase in basic annual salary for an
				employee who is below the job rate of the salary grade, based on a performance
				evaluation. Such payment is equal to the difference between the hiring rate and
				performance advancement rate 1 of the applicable salary schedule for the grade
				to which the employee's position is allocated.
(e) A performance/longevity payment is an
				increase in basic annual salary for an employee who has 10 and/or 15 years of
				continuous service in a supervisory position in the security services
				occupational series, based on a performance evaluation.
(f) The anniversary date in salary grade is
				an employee's appointment date to salary grade.
(g) A performance rating is one of five terms
				used to describe an employee's performance. These terms are outstanding,
				excellent, good, needs improvement, and unsatisfactory performance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 150 - Performance Advancement Payments And Performance/longevity Payments For Employees In The Security Supervisors Negotiating Unit › Section 150.6 - Performance/longevity payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				employee who completes 10 and/or 15 years of continuous service in a
				supervisory position in the security occupational series is eligible to be
				considered for a performance/longevity payment equal to the amount shown in the
				salary schedule applicable to employees in the Security Supervisors Negotiating
				Unit for the salary grade to which the employee's position is allocated. In
				order for an employee to be eligible for a performance/longevity payment, the
				rating immediately prior to his/her completion of 10 and/or 15 years of
				continuous service in a supervisory position in the security supervisors
				occupational series must be outstanding, excellent, good, or needs
				improvement.
(b)
				Performance/longevity payments shall be added to and considered part of base
				pay for all purposes except for determining an employee's change in salary upon
				movement to a different salary grade and his/her potential for movement to the
				job rate. After such determination, the performance/longevity payment shall be
				restored.
(c) Performance/longevity
				payments shall be payable effective on the first payroll period closest to the
				completion of 10 and/or 15 years of continuous service in a supervisory
				position in the security occupational series.
(d) In no case may an employee's salary
				exceed the performance/longevity maximum of the salary grade by virtue of a
				performance/longevity payment. However, that portion of the
				performance/longevity payment which would bring the employee's salary up to the
				performance/longevity maximum shall be paid as a performance/longevity
				payment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 150 - Performance Advancement Payments And Performance/longevity Payments For Employees In The Security Supervisors Negotiating Unit › Section 150.7 - Application of performance evaluation procedures to employees in nongraded positions

Current through Register Vol. 46, No. 28, July 10, 2024
Employees in the Security Supervisors Negotiating Unit in
				  positions not allocated to a salary grade are eligible for performance
				  advancement payments in a manner similar to persons in graded positions in this
				  same negotiating unit if the positions of such employees are equated to a
				  salary grade by the Director of the Budget.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 150 - Performance Advancement Payments And Performance/longevity Payments For Employees In The Security Supervisors Negotiating Unit › Section 150.8 - Performance evaluation appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Levels of appeal.
(1) Local level. An employee who disagrees
				with his/her assigned rating may appeal within 14 calendar days of receipt of
				the rating to a local management review board and seek to have the rating
				raised to the next higher level. If the organization of an agency is such that
				there is no need for a local board, this step in the process may be omitted.
				The local board will consider the appeal and issue a written determination
				within 14 calendar days of receipt of the appeal.
(2) Agency level. An employee who is rated as
				good or lower, and whose appeal has been denied at the local level, may appeal
				to a management review board at the agency level and seek to have his/her
				rating raised to the next higher level. An appeal to the agency board must be
				submitted within 14 calendar days of receipt of the decision of the local
				board. The agency board will consider the appeal and will issue a determination
				within 21 calendar days of the receipt of the appeal.
(3) Security Supervisors Unit Appeals Board.
				An employee who is rated as unsatisfactory and whose appeal has been denied at
				the agency level may appeal to a board established jointly by the State and
				Council 82. This board will consist of one management representative, one union
				representative and, when necessary, a chairperson mutually agreed upon. An
				appeal to the unit appeals board must be submitted within 14 calendar days of
				receipt of the decision of the agency board. The unit appeals board will
				consider the appeal and issue a determination within 60 calendar days of
				receipt of the appeal.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 150 - Performance Advancement Payments And Performance/longevity Payments For Employees In The Security Supervisors Negotiating Unit › Section 150.9 - Monitoring the program

Current through Register Vol. 46, No. 28, July 10, 2024
The joint Performance Evaluation Committee established
				  pursuant to article 11.2d of the 1979-82 Security Supervisors Unit Agreement
				  will monitor the administration of the program in accordance with the
				  agreement. Complaints and allegations of arbitrary actions by persons involved
				  in the administration of the program may be brought to the attention of the
				  subcommittee by appropriate responsible union or management
				  representatives.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 150 - Performance Advancement Payments And Performance/longevity Payments For Employees In The Security Supervisors Negotiating Unit › Section 150.10 - Reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the request of the Director of the Budget, each agency
				  shall provide timely statistical reports of performance evaluation ratings and
				  performance advancement payments, in a manner prescribed by the director. Such
				  reports shall be filed simultaneously in a timely fashion with the Director of
				  the Budget and the Director of the Office of Employee
				  Relations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 150 - Performance Advancement Payments And Performance/longevity Payments For Employees In The Security Supervisors Negotiating Unit › Section 150.11 - Agency performance evaluation plans

Current through Register Vol. 46, No. 28, July 10, 2024
The Director of the Budget may require each agency to submit
				  a plan, developed in accordance with guidelines as may be issued for such
				  purposes, which at a minimum sets forth the agency's projected rating plan and
				  anticipated expenditures for advancement payments for the ensuing fiscal
				  year.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 150 - Performance Advancement Payments And Performance/longevity Payments For Employees In The Security Supervisors Negotiating Unit › Section 150.12 - Waiving of rules and regulations - exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
The specific provisions and limitations contained in this
				  Part may be waived by the Director of the Budget pursuant to provisions of law,
				  in accordance with the terms of negotiated agreements between the State and
				  Council 82, reached pursuant to article 14 of the Civil Service Law, whenever
				  he determines that strict adherence to the rules would be detrimental to the
				  sound and orderly administration of State government.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 151 - System Of Performance Evaluation And Advances For Employees In The Professional, Scientific And Technical Services Negotiating Unit › Section 151.1 - Statement of policy

Current through Register Vol. 46, No. 28, July 10, 2024
On December 7, 1979, the State of New York and the Public
				  Employees Federation, AFL-CIO, signed a collective bargaining agreement for the
				  period April 1, 1979 through March 31, 1982, covering employees in the
				  Professional, Scientific and Technical Services Negotiating Unit, which
				  provides, in part, that the parties develop a work performance evaluation
				  system to improve job performance and recognize employee achievement. Because
				  the State and the union did not have an opportunity to fully develop a
				  performance evaluation system, interim rules and regulations were established
				  to cover the period April 1, 1979 through September 30, 1980. However, final
				  agreement for such system has been reached for the remainder of the 1979-82
				  contract period and these rules, which implement and govern this performance
				  evaluation system, replace former Part 151 which governed the interim
				  period.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 151 - System Of Performance Evaluation And Advances For Employees In The Professional, Scientific And Technical Services Negotiating Unit › Section 151.2 - Coverage

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to all annual salaried employees in the
				  Professional, Scientific and Technical Services Negotiating Unit in the
				  competitive, noncompetitive, exempt and labor classes whose positions have been
				  allocated to a salary grade (other than grade 38), and other employees whose
				  positions are unallocated but are equated to salary grades by the Director of
				  the Budget. Excluded from coverage for the purpose of performance advances are
				  those employees whose positions are both unallocated and not equated to a
				  salary grade, those employees in positions allocated to grade 38 and those
				  employees paid on other than an annual salary basis.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 151 - System Of Performance Evaluation And Advances For Employees In The Professional, Scientific And Technical Services Negotiating Unit › Section 151.5 - Performance advance eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Only employees whose basic annual salary
				is below the job rate for their position and whose performance has been
				summarized as outstanding or effective during the preceding six-month
				evaluation period shall be eligible to receive performance advances. Employees
				whose positions are unallocated but are equated to salary grades by the
				Director of the Budget shall be eligible for performance advances as if
				allocated to the equated grade.
(b)
				Service during fiscal years 1978-79, 1979-80 and 1980-81, in a position
				certified as seasonal by the Director of the Budget to the Comptroller, by an
				employee shall be creditable toward the service requirements for performance
				advances in an eligible employee's graded position under the following
				circumstances:
(1) the employee, immediately
				prior to such seasonal service, was employed in an annual salaried graded
				position;
(2) the employee returns
				to an annual salaried graded position in the same or lower grade immediately
				after service in such seasonal position; and
(3) the salary rate in the seasonal position
				was higher than or equal to the hiring rate of the graded position.
Any resulting performance advance in the graded position
				  shall be effective no earlier than the employee's return to the annual salaried
				  graded position.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 151 - System Of Performance Evaluation And Advances For Employees In The Professional, Scientific And Technical Services Negotiating Unit › Section 151.6 - Performance advance payment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Employees with 120 workdays in grade in fiscal year 1980-81 who continue to
				serve in the same grade shall receive performance advances based on the
				following:
(1) October 1, 1980 through March
				31, 1981:
(i) Employees in grades 23 or below
				(other than those covered by subdivision [b] of this section) whose performance
				is summarized as effective or outstanding shall receive a performance advance
				equal to one third of the salary range for his/her grade on April 1, 1981. Such
				payment shall be effective at the start of the payroll period closest to July
				1, 1981 except that, for 10-month institution teachers and other employees in
				positions subject to the provisions of section 136  of the Civil Service Law,
				such payment shall be effective September 1, 1981.
(ii) Employees in grades 24 or above (other
				than those covered by subdivision [b] of this section) whose performance is
				summarized as effective shall receive a performance advance which shall not be
				less than 12.5 percent nor more than 20 percent of the salary range for his/her
				grade (variable rate payment system for employees rated effective). Such
				employees in grades 24 and above whose performance is summarized as outstanding
				shall receive a performance advance which shall not be less than 25 percent nor
				more than 40 percent of the salary range for his/her grade (variable rate
				payment system for employees rated outstanding). Such payments shall be based
				on the April 1, 1981 salary schedule and shall be effective at the start of the
				payroll period closest to April 1, 1981.
(iii) Evaluators of employees in grades 24 or
				above must recommend, within the established limits, a specific percentage or
				dollar amount to be paid to the employee. Such recommendations shall be
				reviewed and approved by the reviewer before being given to the employee.
				Dollar amounts are not final until they have been approved by the Director of
				the Budget.