N.Y. Civil Service Law § 140: Maintenance and reporting of performance ratings

§ 140. Maintenance and reporting of performance ratings. 1. All

departmental agencies of the state government, whether known as

departments, institutions, boards, commissions, or otherwise, shall keep

and report, if requested by the civil service department, performance

ratings of employees, based on standards of performance established by

such respective agencies and approved by the civil service department,

for the purpose of recording in terms of quality, quantity, and other

factors, the relative efficiency of employees engaged in the same or

similar lines of work, under the rules prescribed by the state civil

service commission.

2. The state civil service department shall use such performance

ratings as a basis for determining the rendition of satisfactory service

necessary for advancement from one rate of compensation to another. Such

department, in its discretion, may use such performance ratings as a

factor in promotion examinations.

3. Notwithstanding the provisions of subdivisions one and two of this

section, during periods of time when there is in effect an agreement

between the state and an employee organization reached pursuant to the

provisions of article fourteen of the civil service law or a performance

evaluation plan administered pursuant to rules and regulations

promulgated by the director of the budget, the provisions of such

agreement and/or the provisions of such rules and regulations shall be

applicable.