Section 6A. The administrator shall establish a program for the implementation of a performance evaluation system for all civil service employees. In the development of the performance evaluation system for municipal civil service employees the administrator shall, in conjunction with representatives of the collective bargaining units to be evaluated and the Massachusetts Municipal Association, determine their form, method and general criteria.
The administrator shall supervise the general implementation of the performance evaluation system for the commonwealth's civil service employees and in conjunction with representatives of the collective bargaining units to be evaluated, determine their form, method and general criteria. The evaluation system shall, to the maximum extent possible, evaluate on the basis of objective criteria, the job performance of each such employee, and the results of such evaluations may be utilized by the department or the appointing authority in future personnel determinations. Upon the establishment of the general format and criteria for such evaluation system, such format and criteria shall be adopted as rules by the administrator in accordance with the provisions of section four.
[ Third paragraph effective until December 13, 2021. For text effective December 13, 2021, see below.]
Such evaluation system shall include, but not be limited to, the following general provisions:
(1) An employee serving in a civil service position may be evaluated no more than twice each year by the employee's immediate supervisor.
(2) All performance evaluations shall be in writing and shall be maintained as part of the employee's records by his appointing authority until such employee leaves civil service employment or as otherwise prescribed by the administrator.
(3) Prior to each evaluation period, the immediate supervisor shall inform the employee of the general performance dimensions and the procedures to be utilized in evaluating the employee's performance. The supervisor shall also inform the employee that such evaluation may be utilized by the department or the appointing authority in future personnel determinations.
(4) After such evaluation has been conducted, the immediate supervisor shall confer with the employee concerning the evaluation. Upon the completion of the employee's review of such evaluation, the employee shall sign the evaluation indicating whether he agrees or disagrees with the evaluation. If the employee so desires, he or, with the employee's consent, his collective bargaining agent, may be provided a copy of such evaluation.
[ Third paragraph as amended by 2021, 102, Sec. 15 effective December 13, 2021. For text effective until December 13, 2021, see above.]
Such evaluation system shall include, but not be limited to, the following general provisions:
(1) All performance evaluations may be in writing or a printable electronic format and shall be maintained as part of the employee's records by the employee's appointing authority until the employee leaves civil service employment or as otherwise prescribed by the administrator.
(2) Prior to each evaluation period, the immediate supervisor shall inform the employee of the general performance dimensions and the procedures to be utilized in evaluating the employee's performance; provided, however, that the supervisor shall also inform the employee that the evaluation may be utilized by the department or the appointing authority in future personnel determinations.
(3) After the evaluation has been conducted, the immediate supervisor shall confer with the employee concerning the evaluation; provided, however, that upon completion of the employee's review of an evaluation, the employee shall acknowledge receipt of the evaluation and indicate whether the employee agrees or disagrees with the evaluation; and provided further, that upon request, the employee or, with the employee's consent, the employee's collective bargaining agent, may be provided with a copy of the evaluation.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title IV - Civil Service, Retirements and Pensions
Section 2 - Powers and Duties of Commission
Section 4 - New or Amended Rules; Hearings; Publication
Section 5 - Powers and Duties of Administrator
Section 6 - Appointments; Requisitions
Section 6a - Performance Evaluation System; Implementation
Section 6b - Weight of Performance Evaluation in Promotions
Section 6c - Employee Disagreement With Evaluation; Appeal
Section 7 - Promotional Appointments in Official Service
Section 8 - Promotional Appointments in Official Service Within Same Departmental Unit
Section 9 - Departmental Promotional Examinations
Section 10 - Alternate Departmental Promotional Examinations
Section 11 - Competitive Promotional Examinations
Section 12 - Provisional Appointments
Section 13 - Provisional Appointments; Notice; Filing
Section 14 - Provisional Appointments; Authorization; Reports; Length of Service; Termination
Section 15 - Provisional Promotions
Section 16 - Scope of Examinations; Marks; Appointments Based Solely on Training and Experience
Section 17 - Persons With Bachelor's Degrees; Examination; Eligible List; Certification
Section 18 - Notice of Examinations for Original Appointments; Posting
Section 19 - Notice of Examination for Promotional Appointments; Posting
Section 20 - Applications for Examination or Registration; Fees; Requests for Information
Section 21 - Educational and Physical Requirements; Eligibility Based on Gender
Section 22 - Passing Requirements of Examinations; Credits; Requests for Review
Section 23 - Review of Examination Papers; Errors
Section 24 - Appeals; Petitions
Section 25 - Eligible Lists; Certification; Refusal to Accept Employment
Section 27 - Appointment or Promotion; Manner of Selection
Section 28 - Labor Service Applicants; Eligibility; Age Limit; Veteran's Preference
Section 28a - Appointment of Apprentice Lineman; Age Restrictions
Section 29 - Labor Service Appointments; Promotional Bulletins
Section 30 - Promotional Appointments From Labor Service to Official Service
Section 31 - Emergency Appointments; Renewal
Section 32 - Emergency Appointments to Laborer Positions; Renewal
Section 33 - Seniority; Computing Length of Service
Section 34 - Probationary Periods
Section 36 - Transfers From Official Service to Labor Service Positions
Section 37 - Leaves of Absence
Section 38 - Unauthorized Leaves of Absence; Reports; Separation From Employment; Review
Section 39 - Separation From Employment; Lack of Work or Money; Abolition of Position; Disability
Section 39a - Conditional Employees
Section 40 - Reemployment List
Section 41a - Discharge, Removal or Suspension; Hearing Before Disinterested Hearing Officer; Review
Section 42 - Complaints; Hearings; Jurisdiction; Filing of Civil Action
Section 43 - Hearings Before Commission
Section 45 - Reimbursement for Defense Expenses
Section 46 - Reinstatement; Hearings
Section 48 - Civil Service Offices and Positions; Exemptions
Section 50 - Persons Ineligible for Civil Service
Section 51 - Cities; Civil Service Offices and Positions
Section 52 - Towns; Civil Service Offices and Positions
Section 53 - Application of Chapter to Municipalities; School Districts; Elections
Section 54 - Petitions; Number of Signatures; Filing
Section 55 - Signatures to Petitions; Certification; Objections
Section 56 - Incumbents; Status; Seniority; Transfer of School Employees
Section 58 - Municipal Police Officers and Firefighters; Qualification
Section 58a - Municipal Police Officers and Firefighters; Maximum Age Restrictions
Section 59 - Municipal Police Officers and Fire Fighters; Examinations; Appointments and Promotions
Section 60 - Intermittent or Reserve Police or Fire Forces; Appointments to Regular Force
Section 61 - Municipal Police Officers or Fire Fighters; Probationary Periods; Evaluation
Section 61a - Police Officer and Firefighter Health and Physical Fitness Standards
Section 61b - Wellness Program for Police Officers and Firefighters
Section 62 - Punishment Duty; Police Officers or Fire Fighters
Section 62a - Punishment Duty; Police Officers or Firefighters Employed by Cities or Towns
Section 63 - Paraplegic Persons; Municipal Police or Fire Departments; Appointments
Section 64 - Massachusetts Bay Transportation Authority Police; Qualifications
Section 66 - Labor Service Positions in Highways Department; Certification; Promotions; Districts
Section 67 - Annual List of Civil Service Employees; Posting; Enforcement; Penalties
Section 68 - Reports of Appointment, Promotion, Demotion, Leaves of Absence, Etc.
Section 70 - Records; Examination Papers; Inspection; Destruction
Section 71 - Rosters of Positions; Filing; Use; Penalties
Section 72 - Investigations; Subpoenas; Summoning Witnesses, Etc.
Section 73 - Violations; Notice; Writs of Mandamus
Section 74 - Prohibited Activities; Penalties
Section 75 - Rights of Municipal Employees
Section 76 - Positions Subject to Federal Merit System Standards; Minimum Qualifications