2009 California Government Code - Section 19992.8-19992.14 :: Chapter 3.5. Performance Reports For Managerial Employees

19992.8.  After consultation with appointing powers and other
supervising officials the department shall assist and encourage state
agencies to establish standards of performance for managerial
employees and may provide training in developing performance
appraisal systems. Such standards shall be mutually developed by
managerial employees and their appointing powers. These standards
shall be based on individual and organizational requirements
established, in writing, for the reporting period. The reporting
period shall be no more than 12 months from the date of the last
report following the end of the employee's probationary period.

19992.9.  The system of performance appraisal reports shall be
designed by managerial employees and their appointing powers to
permit the evaluation by appointing powers of each employee's work
performance as accurately and fairly as is reasonably possible. The
evaluation shall be set forth in a written performance appraisal
report, the form for which shall be approved by the department. The
department may investigate administration of the system and enforce
adherence to appropriate standards.

19992.10.  Appointing powers shall prepare performance appraisal
reports and keep them on file as prescribed by department rule.
   The rules shall provide that managerial employees be shown the
performance appraisal report covering their own service and are
privileged to discuss it and sign it with the appointing power before
it is filed. The extent to which the reports shall be open to
inspection by the public shall be prescribed by department rule.

19992.11.  Performance reports shall be considered, in the manner
prescribed by department rule, for purposes of employee development,
in determining salary increases and decreases, the order of layoffs,
the advisability of transfers, demotions, and dismissals. Performance
reports shall be considered in promotional examinations in the
manner prescribed by State Personnel Board rule. On or before July 1,
1988, performance appraisal reports for managers shall be used to
award merit salary increases on a flexible basis so that each such
employee may receive up to a 10-percent increase provided that this
does not increase the employee's salary beyond the highest step of
the range for the class of position occupied by the employee. The
total amount awarded by the appointing power for merit salary
increases through this practice shall not exceed the amount which
otherwise would be available under current methods.

19992.12.  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 may be removed from their positions
by the appointing powers, substantially as in the case of removals
for cause.

19992.13.  The department shall establish a procedure whereby a
managerial employee may appeal his or her performance appraisal
report to the appointing power. At a minimum, these procedures shall
permit appeals on the basis that the performance appraisal report was
used to abuse, harass, or discriminate against the employee.

19992.14.  Each state agency shall establish a system of performance
appraisal reports which shall form the basis for awarding merit
salary increases to managers on or before July 1, 1988. Any agency
which fails to establish such a system on or before July 1, 1988,
shall forfeit 50 percent of merit salary funds otherwise available
for eligible managerial employees during that fiscal year. Any agency
which fails to establish such a system on or before July 1, 1989,
shall forfeit 75 percent of merit salary funds otherwise available
for eligible managerial employees during that fiscal year. Any agency
which fails to establish such a system on or before July 1, 1990,
shall forfeit all merit salary funds otherwise available for eligible
managerial employees during that fiscal year, and during each
subsequent fiscal year during which such a system is not established.