Wyo. Code R. 006-0010-9
Effective Date: 06/07/2019 to Current
Rule Type: Current Rules & Regulations
Reference Number: 006.0010.9.06072019
(a) The Human Resources Division shall establish and administer a centralized system of performance management used to document performance and conduct annual performance reviews.
(b) All enterprise-wide performance management shall be determined by the Human Resources Division and in accordance with the State of Wyoming Performance Management Policy.
(a) The performance management program provides agencies and employees with opportunities for performance planning, coaching, and evaluation. The program provides for the establishment of job expectations, the measurement of job performance, the identification of employee development and taking corrective action as necessary.
(b) The Human Resources Division shall be responsible for administering the performance management program to include:
(i) The development and interpretation of rules, policies and procedures specific to performance management;
(ii) The development and implementation of components of the program as necessary (such as forms, on-line evaluation system and training);
(iii) The monitoring of agency compliance; and
(iv) Reporting to state agencies, the Governor and the Legislature as necessary.
(a) All employees shall be evaluated as provided in this chapter with the exception of:
(i) Elected State Officials;
(ii) Agency Heads;
(iii) Contractual Employees;
(iv) Emergency Employees;
(v) Temporary Employees;
(vi) Interns;
(vii) Seasonal Employees;
(viii) Intermittent Employees; and
(ix) Other positions as approved by the Human Resources Division Administrator.
Agency Heads shall be responsible for performance management within their agencies in accordance with the established State of Wyoming Personnel Rules and policies. Agency Heads shall ensure that employees are evaluated using job-related performance criteria.
(a) Conducting performance evaluations on probationary employees will in no way alter or change their probationary status during their probationary period.
(b) Conducting performance evaluations on at-will status employees will in no way alter or change their at-will status.
Employees shall be evaluated annually in accordance with this chapter and the State of Wyoming Performance Management Policy.
(a) The evaluator shall be the immediate supervisor of the employee who meets the qualified evaluator criteria or otherwise authorized by the Human Resources Division Administrator or designee. A qualified evaluator shall meet the following criteria:
(i) Have at least ninety (90) days of supervision of the employee prior to conducting an evaluation; and
(ii) Complete the required training on the performance management program as prescribed by the Human Resources Division prior to conducting an evaluation and attend continuing performance evaluation education programs as deemed necessary by the Human Resources Division.
(b) The evaluator shall complete the procedural requirements and comply with the prescribed time periods associated with the phases and evaluations established under the performance management program including:
(i) Impartially evaluate all employees without regard to political affiliation, race, color, sex, gender, creed, disability, or age; and
(ii) Use the forms developed by the Human Resources Division; and
(iii) Provide written comments regarding the performance evaluation; and
(iv) Conduct a performance evaluation meeting with the employee.
(c) When there is no qualified evaluator for an employee, the Agency Head shall determine the appropriate evaluator for that employee with approval of the Human Resources Division prior to conducting performance evaluations.
(d) Failure to complete each applicable phase for direct reports or comply with the procedural requirements set forth in this section may result in disciplinary action.
(a) The employee shall complete the procedural requirements established under the performance management program including:
(i) Be available for a performance evaluation meeting; and
(ii) Acknowledge receipt of the evaluation. Signing the evaluation demonstrates the employee received an evaluation and participated in a performance evaluation meeting. It does not demonstrate agreement or disagreement with the evaluation.
(b) If the employee does not comply with the procedural requirements set forth in this section, the employee shall forfeit any grievance and/or appeal rights and may be subject to disciplinary action.
(c) The employee may, as allowed in the system, respond and comment on the appraisal of their performance in writing. This shall be done at the time the acknowledgement is made in the PMI system.
(a) The Agency Human Resource contact or designee approved by the Human Resources Division shall complete the procedural requirements established under the performance management program including:
(i) Assign each employee to an evaluator and substitute a qualified evaluator when necessary, to ensure each employee is evaluated; and
(ii) Notify supervisors of required training and enroll supervisors in performance management training required prior to assessing evaluations for an employee; and
(iii) Report completion status and deadlines to the Agency Head; and
(iv) Ensure employees are evaluated using job-related performance criteria only which shall be substantiated by evaluator documentation.
(a) A performance improvement plan is a post-evaluation document used to redirect an employee for immediate performance improvement.
(b) If the employee's overall performance is rated as 'unsatisfactory', the evaluator shall discuss and document the performance deficiencies requiring improvement. Immediately but no later than fifteen (15) days from the evaluation's final acknowledgement, the evaluator shall provide the permanent employee with a written performance improvement plan. Discipline may also be considered for the performance deficiencies in accordance with Chapter 7 of the State of Wyoming Personnel Rules.
(c) A Performance Improvement Plan shall include:
(i) A description of the impact of behaviors or performance deficiencies on others, and if applicable, a statement of any policies, procedures, or rule violations and how to address the problem;
(i) A description of the permanent employee's performance in areas that are rated as 'unsatisfactory';
(ii) A description of the expectations for improvement in areas that are rated as 'unsatisfactory'; and
(iii) An explanation of the consequences if the permanent employee's performance does not improve.
(a) A work improvement plan is a written document that may be used as a coaching tool to assist supervisors with correcting performance deficiencies for employees that arise throughout the performance period.
(b) A work improvement plan may include a description of the impact of behaviors or performance deficiencies on others, and if applicable, a statement of any policies, procedures, or rule violations and how to address the problem.
(c) This document shall not become part of an employee's personnel record unless referenced in connection to a performance evaluation or disciplinary action.
(a) In computing any period of time prescribed or allowed by this chapter, the day of the act, event, or default from which the designated period of time begins shall not be included. The last day of the period so computed shall be included, unless that day is a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than eleven (11) days, intermediate Saturdays, Sundays, or legal holidays shall be excluded from the computation.
(i) The Human Resources Division Administrator may, upon written request and for good cause shown, or at his/her own discretion, extend any time period prescribed in this chapter, provided the written request is received before the expiration of the time period originally prescribed.
(a) Any disputes involving procedural compliance shall be subject to the requirements and proceedings in Chapter 8 of the State of Wyoming Personnel Rules.
(i) Procedural compliance includes, but is not limited to, deadlines, step completion, conducting or participating in an evaluation meeting, or other as deemed necessary by the Human Resources Division Administrator.
(a) Any disputes an overall “unsatisfactory” evaluation rating given through the performance management program shall be subject to the requirements and proceedings in this section.
(i) Any disputes involving an overall evaluation rating other than “unsatisfactory” given through the performance management program shall not be subject to this section, nor the grievance procedures outlined in Chapter 8 of the State of Wyoming Personnel Rules.
(b) Should an employee submit an appeal prior to being placed on a performance improvement plan, the agency shall continue with the performance improvement plan process pursuant to subsection 10(b). Subject to the outcome of the appeal, the performance improvement plan may be re-evaluated.
(c) Performance Appeal. A permanent employee receiving an overall evaluation rating of “unsatisfactory” shall have ten (10) days from receipt of the performance evaluation rating to submit in writing an appeal to the Agency Head.
(i) In the case where the permanent employee’s evaluator is the Agency Head, the employee shall have ten (10) days to submit in writing an appeal directly to the Human Resources Division Administrator;
(ii) The permanent employee shall include in the appeal a brief and specific statement of the permanent employee’s contentions and relief sought. The appeal to the Agency Head shall be directed specifically to the performance evaluator’s evaluation and any response. The appeal shall include specific facts, which establish that:
(A) The overall “unsatisfactory” rating lacks supporting documentation; and/or
(B) The evaluator disregarded factors or circumstances, which substantially support the permanent employee’s position and thereby deprived the employee of a performance evaluation rating based on job-related performance criteria.
(d) Response to Appeal. If the employee has filed a timely appeal, the Agency Head or designee shall respond to the appeal within ten (10) days of receipt of the appeal.
(i) The Agency Head may delegate authority to someone other than the employee's immediate supervisor in accordance with Chapter 1 of the State of Wyoming Personnel Rules.
(ii) Before making a determination regarding the appeal, the Agency Head or designee, shall review the evaluation and all documentation submitted by the performance evaluator and the employee.
(iii) The Agency Head or designee shall make a determination as to whether:
(A) The overall 'unsatisfactory' rating lacks supporting documentation; and/or
(B) The evaluator disregarded factors or circumstances, which substantially support the permanent employee's position and thereby deprived the employee of a performance evaluation rating based on job-related performance criteria.
(iv) The determination shall be in writing and may direct the evaluator to make any appropriate adjustment(s) to the employee's evaluation.
(e) Appeal to the Human Resources Division Administrator. Within ten (10) days of receipt of the Agency Head or designee's response to the employee's appeal, the employee may appeal, in writing, the Agency Head or designee's response to the Human Resources Division Administrator:
(i) If the Agency Head does not respond to the employee's appeal within ten (10) days of the appeal, the employee shall have fifteen (15) days from the date that the appeal was submitted to the Agency Head to appeal, in writing, to the Human Resources Division Administrator;
(ii) The Human Resources Division Administrator shall have fifteen (15) days after receipt of all documents and necessary information to make a determination on the employee's appeal. The Human Resources Division Administrator shall review the evaluation, the Agency Head or designee's response, if any, and all documentation submitted by the performance evaluator, the employee, and the Agency Head or designee;
(iii) The Human Resources Division Administrator shall require the Agency Head to correct the evaluation if it's determined that the Agency Head or designee's response was contrary to the State of Wyoming Personnel Rules, state or agency policies, law, or finds:
(A) The overall 'unsatisfactory' rating lacks supporting documentation; and/or
(B) The evaluator disregarded factors or circumstances, which substantially support the permanent employee's position and thereby deprived the employee of a performance evaluation rating based on job-related performance criteria.
(iv) Should the Human Resources Division Administrator determine that there is a conflict of interest, a designee shall be appointed by the Human Resources Division Administrator to review the appeal.
(f) Compliance with Procedure.
(i) If an employee does not comply with the deadlines in this section, the employee shall forfeit any appeal and/or grievance rights.
(ii) If the agency does not comply with the deadlines in this section, the employee shall be eligible to begin grievance proceedings in accordance with Chapter 8 of the State of Wyoming Personnel Rules.