Mass. Gen. Laws ch. 31, § 48A – Career management service program; designation of positions; selection of persons; annual listing; performance appraisal system

(1) The administrator shall establish a career management service program for state service. In pursuance of such responsibility as to the career management service, and following consultation with the secretaries of the several executive offices and after at least one public hearing, the administrator (a) shall establish and, from time to time thereafter, amend procedures regulating the designation, classification or reclassification of positions as career management service positions;
(b) shall establish and, from time to time thereafter, amend procedures regulating the recruitment, selection, and placement of persons in career management service;
(c) shall establish and, from time to time thereafter, amend policies, procedures and regulations related to the compensation and working conditions of persons employed in career management service positions.
(2) The administrator may at the request of the secretary, designate positions within each secretariat and its agencies as career management positions; provided that no more than six per cent of the total authorized positions in any secretariat and its agencies shall be so designated.
(3) The administrator shall designate a position as a career management position if:
1. (a) the position is not required to be filled through appointment by the governor; and (b) the position is one in which an employee:
2. (i) directs the work of an organization unit; or (ii) is held accountable for the success of one or more specific programs or projects; or (iii) monitors progress toward organizational goals and periodically evaluates and makes appropriate adjustments to such goals; or (iv) supervises the work of employees other than personal assistants; or (v) otherwise exercises important policy-making, policy-determining, or other management functions; and (c) (i) the position is classified as managerial in accordance with chapter one hundred and fifty E; or (ii) the incumbent and representative of the collective bargaining unit of the commonwealth in which the position's incumbent is or would be a member, supports the secretary's request, or (iii) the incumbent serving in the position has been previously designated managerial by agreement of the parties.
(4) If, at that time, a position is designated as a career management service position, it is filled by an incumbent who has acquired rights in that position pursuant to section nine A of chapter thirty or section forty-one of chapter thirty-one, the incumbent may choose to:
1. (a) join the career management service program; or (b) continue to serve in that position in accordance with the provisions of this chapter.
(5) The selection of persons to fill positions in the career management service shall not be subject to any other section or provisions of chapter thirty-one, section nine of chapter thirty, chapter one hundred and fifty E or any other laws that would otherwise pertain to appointing authorities in filling said positions.
(6) Persons shall be certified as eligible for appointment to career management positions by meeting standards which shall be established by the administrator in conjunction with the secretary which establishes that said person has:
1. (a) demonstrated management experience; or (b) successful participation in a management development program approved by the administrator; or (c) potential for successful performance as a career manager.
(7) No more than thirty per cent of the career management service positions in any secretariat shall be filled by original appointment; provided, however, that the administrator may approve additional original appointments upon the written request of the appointing authority.
(8) The administrator shall file annually with the house and senate committees on ways and means a listing of all positions designated as career management service positions.
(9) Following original appointment to the career management service, a career service appointee shall serve a probationary period of one year. It shall be further provided that within ninety days after appointment, the career management service appointee may voluntarily return to the civil service position held immediately prior to appointment to the service without loss of seniority or other rights. Following the initial ninety days after appointment but before the end of the one year probationary period, a career appointee removed for reasons other than misconduct, neglect of duty or malfeasance shall be entitled to be certified for appointment to a civil service position similar to the position held previously from a reemployment list, ahead of any individual who is to be certified for such appointment based on the results of an open and competitive examination.
(10) Each agency shall, in accordance with standards set by the administrator, develop a performance appraisal system for career management service employees. The system shall be based upon critical elements of the position and designed to:
1. (a) permit the accurate evaluation of performance;
2. (b) provide for systematic appraisal of performance;
3. (c) encourage excellence in performance; and (d) provide means of making decisions regarding retention, promotion, compensation and other personnel actions.
  The administrator shall approve the performance appraisal system of the agency for members of the career management service if he is satisfied that the system the agency develops meets his standards and provides for the evaluation of, but not limited to, the following critical areas: (a) improvement in efficiency, production and quality of work; (b) cost efficiency; (c) timeliness of performance; (d) other independent indications of the quality or performance of these employees for whom the career manager is responsible; and (e) meeting affirmative action goals and requirements for equal employment opportunities.
(11) All career management service employees shall be so appraised at least once a year and no more than two times a year. Each performance appraisal system developed by the agency and approved by the administrator shall provide for summary ratings of levels of performance, as follows:
1. (a) one or more fully successful levels, (b) a minimally satisfactory level, and (c) an unsatisfactory level.
  Based upon summary ratings, a career management service employee's salary shall be set for a period of one year, in accordance with the salary schedule established for the program by the administrator, and that is subject to the governor's approval.
(12) Personnel actions for those in the career management service programs, except for dismissal for reasons of misconduct, malfeasance, or neglect of duty, shall be based upon a performance appraisal system. These personnel actions shall include, but not be limited to: retention in the program, promotion, and level of compensation.
(13) A career management service appointee may not appeal any appraisal rating under this chapter.
(14) Any career management service employee who:
1. (a) receives an unsatisfactory rating may be reassigned or transferred within the service;
2. (b) receives two less than successful ratings in a three year period or two unsatisfactory ratings in a period of five years may be removed from the program and be eligible for reemployment, as provided in subsection (9).