§4314 Ratings for Performance Appraisals

Summary

Agencies must give senior executives a yearly performance rating. The ratings must include three basic levels: at least one level that counts as fully meeting expectations, a level that just meets minimum standards, and a failing level. Ratings must be reviewed by a performance review board before the agency takes final action, and must happen at least once a year. For career appointees, no rating can be made within 120 days after a new President takes office. The Office of Personnel Management sets how long an appraisal period lasts, but an agency can end the period early if it has enough information to rate performance. A career appointee with a fully successful rating can get a performance award. An unsatisfactory rating must lead to reassignment, transfer, or removal; two unsatisfactory ratings in any five-year period means removal. Also, getting less than fully successful twice in any three-year period leads to removal. Agencies must create one or more performance review boards under OPM rules. The supervisor gives an initial appraisal to the board, the board reviews any response from the executive and then recommends action to the official who makes the final rating. Board members must be chosen to keep ratings consistent, stable, and fair, and their appointments are published in the Federal Register. For career appointees, more than half of the board must be career appointees unless OPM says there aren’t enough.