What if I Don’t Agree with my Evaluation?

One of the frequent questions we field at SLOCEA has to do with the employee performance evaluation. The annual evaluation is a review of your work performance for a one-year period of time and is part of your official employment record, and it’s an important document that is maintained in your permanent personnel file.

Civil Service Commission (CSC) Rule 13.01 explains in detail the purpose, provisions and procedures in evaluating a county employee and that the objective of the system is to “record the performance of employees during the evaluation period; assist supervisors and their employees in measuring progress toward work goals; identify employee development needs; and establish a basis for personnel needs.”

CSC Rule 13.02 specifies that the supervisor must discuss the evaluation with the employee. It is not enough that an employee merely receives their evaluation through NeoGov.

CSC Rule 13.03 dictates the performance ratings standards for the evaluation’s “Overall Rating” as well as ratings in the individual competencies.

(a) Exceptional work performance is consistently and distinctly well above the standard expected of a competent worker in that job; performance is consistently superior. Exceptional ratings must be substantiated in writing by the rater.

(b) Successful work performance consistently meets the standard expected of a competent worker in that job.

(c) Needs Improvement work performance is frequently less than the standard expected of a competent worker in that job. Needs Improvement ratings must be substantiated in writing by the rater.

Members consult with SLOCEA because they don’t agree with ratings or sections of the narrative. Members also ask if they have to sign their evaluation. Employees who are not in agreement with their evaluation have a few choices.

If an employee receives an evaluation that is rated overall “Successful”, but there are elements that they do not agree with, they should reach out to their supervisor and manager to discuss the disagreements with the evaluation content and request modification. In addition, an employee can (and should) always submit a written response to those elements of the evaluation that are in dispute and request that it be placed alongside the evaluation in their permanent personnel file. When signing the evaluation, the employee should also note in the comment section that they have submitted a written response to the evaluation to make sure that it’s appropriately captured.

Signing your name on the dotted line does not mean you agree with its content, it just means that you received the evaluation, and your supervisor has reviewed its contents with you.

If an employee receives an evaluation that has an overall rating of “Needs Improvement”, we strongly recommend that they contact SLOCEA immediately. As per CSC Rule 13.05, that employee has the right to request modification of the evaluation from their Appointing Authority and if no changes are made, then an additional review by the Human Resources Director. Thereafter, if the employee is still not satisfied, they have the right to file an appeal of the Needs Improvement evaluation to the Civil Service Commission. There is a short window of time to do so, so it’s important that the employee contacts SLOCEA right away if they are in this situation.

Should you find yourself in any of these situations, contact SLOCEA for consultation and guidance. We can be reached at info@slocea.org or at 805-543-2021.

By Theresa Schultz, Sr Labor Representative