§4314 Ratings for Performance Appraisals

Summary

Agencies must give yearly summary ratings for Senior Executive Service members. Ratings must include one or more “fully successful” levels, a “minimally satisfactory” level, and an “unsatisfactory” level. Ratings must happen at least once a year. The Office of Personnel Management (OPM) sets how long a rating period lasts, though an agency can end the period early if it has enough information. A career appointee cannot be rated within 120 days after a new President takes office. Someone rated at a fully successful level may get a performance award under section 5384. An unsatisfactory rating means the executive must be reassigned, transferred, or removed; two unsatisfactory ratings in any five-year period will lead to removal. Also, getting less than fully successful twice in any three consecutive years will lead to removal. Each agency must create one or more performance review boards under OPM rules. The board reviews the supervisor’s initial appraisal, looks at any response from the executive, and makes recommendations to the appointing authority. The appointing authority must consider the board’s recommendations before finalizing a rating. Board members must be chosen to ensure fairness and stability, and their appointments must be published in the Federal Register. For career appointees, more than half the board members must be career appointees unless OPM finds there are not enough available.