Section 2.4 : Management Confidential Employees

Personal Liability of University Employees
Section #17 - Indemnification of Officers and Employees of the State

The state shall save harmless and indemnify all officers and employees of the state from financial loss arising out of any claim, demand, suit or judgment by reason of alleged negligence or other act by such officer or employee provided that such officer or employee at the time damages were sustained was acting in the discharge of his/her duties and within the scope of his/her employment and that such damages did not result from the willful and wrongful act or gross negligence of such officer or employee and provided further that such officer or employee shall within five days of the time s/he is served with any summons, complaint, process, notice, demand or pleading, deliver the original or a copy thereof to the attorney general

Upon such delivery the attorney general may assume control of the representation of such officer or employee. Such officer or employee shall cooperate fully with the attorney general's defense

This section shall not in any way impair, limit or modify the rights and obligations of any insurer under any policy of insurance.

The benefits of this section shall inure only to officers and employees of the state and shall not enlarge or diminish the rights of any other party.
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
Policy

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:
To promote the successful achievement of the College's mission and strategic plan.

To ensure that Management/Confidential employees clearly understand and effectively carry out the responsibilities of their positions and the expectations of their supervisors.

To promote the recruitment, professional development, and retention of a highly effective Management/Confidential team.

To identify and recognize individual performance.

To identify individuals prepared for career advancement.

To identify the need for training and professional development programs.

To identify positions needing redefinition and reclassification.
Performance Program
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:

The manner in which the employee's performance helped attain the College's goals as outlined in the mission statement and strategic plan during the evaluation period.

The degree to which the employee's performance program objectives were achieved.

The ability to establish priorities consistent with the College's objectives.

The ability to exercise sound judgment in the decision-making process.

The ability to apply creativity in accomplishing assigned responsibilities.

The willingness and effectiveness with which the employee assists colleagues, including those in other offices where the work performed may require effective interaction.

Communication and interaction with staff, students, and other constituencies.

Relations with the public.

Adherence to and furtherance of the University's equal employment opportunity and affirmative action policies.
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.
Appeals
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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