7/1/1988 PERSONNEL BOARD Minutes

Home Browse Search

denial . The rated employee will retain a copy ot all evaluation reports for personal file . Appeal/Review Process : . Notwithstanding any Police Department rule, regulation, or order, or any provision of the collective bargaining agreement, to the contrary, a regular full -time police officer who has completed his probationary period and who receives an unsatisfactory evaluation with which he disagrees, may appeal such evaluation in the following manner: A. Within 10 days after the officer has reviewed the evaluation, he may appeal the evaluation to a panel comprised of three supervisors who will review the evaluation and, within 21 days of. receipt of said appeal , render one of two decisions : ( 1 ) remand the evaluation to the rate and reviewer for reconsideration; or ( 2 ) let, the evaluation stand without comment . In making the appeal , t,hp evaluated employee may present written documentation substantiating the appeal . No oral presentation is permitted . The panel of supervisors shall be designated bythe Chief of the Department and comprised as follows : three sergeants, but the rater whose evaluation is being appealed, is excluded; as many supervisors as are necessary to complete the panel if three sergeants are unavailable or ineligible., B . Within ten days atter the otlicer has reviewed the reconsidered evaluation, the ofticer may appeal the - evaluation to the Executive S-cret.ary, or his designee . The Executive Secretary, or his designee, will review the evaluation and issue a written decision within twenty-one ( 21 ) days of receipt of the appeal . The employee shall have the opportunity to present oral and/or written evidence to the Executive Secretary, or his designee, during the period of review. C. if the Executive Secretary, or his designee, denies the employee ' s appeal , the Union may :submit the dispute to the Massachusetts Board . of ConciLliation and krbitration for arbitration under its rules . The dispute must be submitted to the MBCA within fifteen ( 15 ) days of the written response of the Executive Secretary, or his designee . The question submitted to the MBCA for arbitration shall be : "Did the employee ' s performance for the evaluation period warrant, an unsatisfactory evaluation" . D. The arbitrator ' s decision shall be binding upon the parties . The arbitrator shall he without power or authority to make any decision which vi" lores or conflicts with the common or statutory law, or whi ,h vi„ lates, vontlicts with, adds to, subtracts from, or modifies the parties ' collertive bargaining agreement .