SECTIONS 19992-19992.4 - California Statutes

GOVERNMENT CODE

SECTION 19992-19992.4

19992. (a) After consultation with appointing powers and other
supervising officials the department shall assist and encourage state
agencies to establish standards of performance for each class of
position and shall provide a system of performance ratings. Such
standards shall insofar as practicable be established on the basis of
the quantity and quality of work which the average person thoroughly
trained and industriously engaged can turn out in a day.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

19992.1. (a) The system of performance reports shall be designed to
permit as accurately and fairly as is reasonably possible, the
evaluation by his or her appointing power of each employee's
performance of his or her duties. The evaluation shall be set forth
in a performance report, the form for which shall be prescribed or
approved by the department. The department may investigate
administration of the system and enforce adherence to appropriate
standards.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

19992.2. (a) Appointing powers shall prepare performance reports
and keep them on file as prescribed by department rule.
The rules shall provide that employees be shown the performance
report covering their own service and are privileged to discuss it
with the appointing power before it is filed. The extent to which
such ratings or performance reports shall be open to inspection by
the public shall be prescribed by department rule.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

19992.3. (a) Performance reports shall be considered, in the manner
prescribed by department rule, in determining salary increases and
decreases, the order of layoffs, and the advisability of transfers,
demotions, and dismissals.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

19992.4. (a) The department may establish rules under which records
of unsatisfactory service may lead to reduction in class and
compensation, and providing for the manner in which persons falling
below the standards of efficiency fixed by its rules may be removed
from their positions by the department, substantially as in the case
of removals for cause. The department shall report such
unsatisfactory records to the appointing power.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.