Management Confidential Employees
Personal Liability of University Employees
Section #17 - Indemnification of Officers and Employees of the State
Reference: New York Public Officers Law
Article 7A (1977) of the State Finance Law allows any citizen, whether or not specially aggrieved, to bring an action against an officer or employee of the State who in the course of his/her duties has caused, is now causing, or is about to cause, a wrongful expenditure, misappropriation or any other illegal or unconstitutional disbursement of State funds or property. The statute permits the courts to require the offending employee to make restitution to the State for the value of the funds or other property unlawfully expended.
Evaluation of Management/Confidential Employees
It shall be the policy of SUNY Cobleskill to evaluate annually the performance of all Management/Confidential employees.
The purposes of this performance evaluation program are:
At the beginning of the evaluation period, each supervisor will meet with his/her management/confidential employee(s) as a group for the purpose of establishing goals and objectives consistent with those to be achieved by the campus, school and/or department during the evaluation period. The evaluation period will normally cover 12 months (July 1 through June 30).
Based on the goals and objectives agreed upon, each management/confidential employee shall prepare a proposed performance program. The performance program contains two major elements: (1) the job description, which lists the major on-going responsibilities of the job, and (2) specific goals and objectives within the general job description that should be achieved during the evaluation period. The proposed program may also include criteria for evaluating the employee's performance. The criteria may include, but are not limited to, the following:
Upon initial appointment, the preparation of the performance program shall be the responsibility of the immediate supervisor in consultation with the new management/confidential employee.
The employee and the supervisor will meet to discuss the proposed program and make modifications as required. The supervisor is responsible for the final content of the performance program, subject to the approval of the appropriate vice president (if any). The signed original of the performance program is to be placed in the personnel file, with a copy provided to the employee. The performance program is subject to modification as required by changing conditions or circumstances.
Evaluation of Performance
Each management/confidential employee shall be formally evaluated annually by the employee’s immediate supervisor. The evaluation of performance is a continuing process, however, and when a supervisor identified a need for improvement in performance, the supervisor shall immediately discuss the need with the employee and recommend appropriate improvements.
Near the close of each performance period, the supervisor may request or the employee may submit additional materials relevant to the evaluation of the employee’s performance program. The immediate supervisor shall then prepare a performance evaluation in a brief, succinct narrative form for each employee. In preparing the evaluation, the supervisor may solicit signed written comments regarding the employee’s professional performance from those with whom the employee has a professional working relationship. Upon completion, the immediate supervisor shall forward the evaluation to the next higher supervisor (if any) for review and approval. After making appropriate revisions, if any, recommended by the next higher supervisor, the immediate supervisor shall give the employee a copy of the evaluation for review. Shortly thereafter, the supervisor will meet privately with the employee to discuss and review the evaluation. After written acknowledgement by the employee, the immediate supervisor will provide the employee with a copy of the evaluation. The signed original of the performance evaluation is to be placed in the employee’s personnel file.
When an employee, other than those reporting directly to the president, has a concern regarding either the performance program or the performance evaluation statement that cannot be satisfactorily resolved with the immediate supervisor, the employee shall have the right to meet and discuss the concern with the next higher level supervisor. The decision of the next higher level supervisor shall be final. The employee shall have the right to file written comments regarding the evaluation and such comments shall be attached to the performance evaluation statement.
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