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ARTICLES BY NUMBER 1 -
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Employees subject to performance evaluation shall be provided a copy of the performance rating. The rating form shall provide space for the employee to indicate either the acceptance of the rating or the intention to appeal the rating as outlined below.
Section 2. An employee who objects to a marginal or unsatisfactory performance rating because the employee believes that the rater was prejudiced may have such rating reviewed by the rating and reviewing authorities. If after such review the employee still believes the rater was prejudiced, the employee may appeal the rating to a Rating Review Committee. Prejudice shall be defined as an opinion formed without knowledge, thought, and reason.
The marginal or unsatisfactory rating referred to above shall be for the entire rating and not any one (1) section thereof. In the event that an employee receives a marginal or unsatisfactory rating of a particular category within the rating, the employee shall have the right to submit a written rebuttal concerning the facts at issue.
Section 3. An employee who, after the review provided in Section 2, wishes to appeal shall submit a written request to the Labor Relations Manager within seven (7) days following the review by the rating and review authorities. After determining that the review provided in Section 2 has been held, the Labor Relations Manager shall convene a Rating Review Committee to determine if the employee's rating was based on a prejudiced consideration by the rater rather than on the performance of the employee. The Rating Review Committee shall consist of:
A. the Police Chief or designee,
B. an employee selected by the appealing employee, who shall be selected from the same classification as that of the appealing employee, and
C. an arbitrator mutually agreed upon or selected in accordance with Section 2 of the Arbitration Article.
Section 4. The arbitrator will act as chairman of the Rating Review Committee. A written statement indicating which part of the Performance Rating Report the employee considers to be prejudiced must accompany the request for review. The employee's appeal shall be promptly considered by the Rating Review Committee in the order of its filing. The employee and the employee's rater and rater’s supervisor shall be present during the review of the employee's appeal. Proceedings shall be informal, orderly, and pertain to the presentation of information and evidence relating to the employee's belief of prejudiced consideration of the rater during the period the rating evaluation covers.
Section 5. Employees who have observed the employee's performance for a considerable amount of time of this period may testify. The Rating Review Committee shall carefully budget the time of all employees appearing before it so that the operations of the Department will not be disrupted. The appealing employee may also submit a written statement to the Committee for their consideration.
Section 6. The Committee shall decide whether or not the rater was prejudiced and shall render a written decision within thirty (30) days following conclusion of the hearing. Such decision shall be final and binding upon the parties. In the event the arbitrator finds the rater was prejudiced, the City shall pay the entire fee of the arbitrator. If the original is upheld, the appealing employee shall pay the entire fee of the arbitrator. |
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