Fixing The Terms Of Application Of The Existing Integrated System For Assessing The Performance Of Public Administration, Established By Law No. 10/2004, Of March 22 And Determines Its Review During 2006

Original Language Title: Fixa os termos de aplicação do actual Sistema Integrado de Avaliação do Desempenho da Administração Pública, criado pela Lei n.º 10/2004, de 22 de Março e determina a sua revisão no decurso de 2006

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1 PROPOSAL of law No. 51/X explanatory memorandum the integrated system for assessing the performance of public administration (the STORY) was created by law No. 10/2004, of March 22, and regulated by the implementing Decree No. 19-A/2004, of 14 May. The latter degree determined that the evaluation process of the own year 2004 began with the setting of objectives, which should take place by the end of the same month of May 2004. The process of establishing the institutional objectives and individual objectives contractualisation of workers constituted a new procedure in the Administration for which the offices were not prepared. Its novelty and complexity of that methodology required an effort of adaptation of services and staff training which, in many cases, to materialize in a timely manner. This is how we must recognize that the entry into force of the STORY were not taken the precautions required for a process of such great complexity. So in view of the difficulties encountered in the implementation of the new system, it is not surprising that, in 2004, have been applied to about 30% of the situations in which your application is directly, and in the year 2005 about 60% which translates a clear positive effort on the part of the public administration. More difficult, however, if you have manifested the SIADAP adaptation processes in cases of authorities and agencies with specific situations or their specificity, reflected in the existence of special regime careers or special bodies imposed previously a specific system of evaluation. It is not however expected that this complexity and processes applicable to large organizations, such as public administration, have immediate global application levels. Are before progressive application process that require steady perseverance. Hence the transition periods extend naturally in time, despite some less positive and the consequences of staying at the same time several rating systems. Thus the 2004 legislative option to enforce immediately the SIADAP to a given set of workers and to keep for other application 2 specific schemes without any adjustment to that system, created this situation, in the same time period and under the same Government, if they use different systems with different rating scales. Such a situation cannot be avoided, now and in the near future, unless if you chose for the return to the previous system of evaluation and abandonment of the STORY. Such a solution, however, cannot be viewed as this would mean a step backwards in the introduction of management by objectives and in the differentiation by merit and would mean also a depreciation of positive effort already undertaken by numerous services. One cannot therefore recognize realistically that situation will extend in time, despite the efforts already undertaken to adapt however specific schemes. There's not as alternative to the Government to propose to extend the application of the provisions of paragraph 5 of article 41 of the implementing Decree No. 19-A/2004, of 14 May. However, and for reasons of equal treatment, determines that those situations already applies the principle of differentiation of performances and recognition of merit by establishing maximum percentages of allocation of higher ratings on them. Will still remain under the specific regimes of evaluation related to specific occupations, also. Is the Government aware that there are thousands of employees ranking by giving in relation to performance in the year 2004 and that there are many services in which officials were classified by the STORY and others are not evaluated for their performance. Nevertheless, the experience has made the application of the STORY, allowing you to meet any difficulties encountered in its application, will help to improve the system that recognizes needs revision, which must necessarily be linked to the revision of the career system and remuneration of public administration and a system of evaluation of services, whose entry into force program for 1 January 2007. It is therefore important to find a realistic and feasible solution for 2004, 2005 and 2006 which makes it possible to safeguard the situations of the authorities and agencies that have implemented SIADAP, distinguishing them by that fact, and at the same time reaffirm its application for evaluation of the performance of the current year and the next, admitting however the application of previous systems, but with quotas and specific schemes exist.

3 Thus: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: article 1 The 2004 performance evaluation service provided in 2004 by employees, agents and other employees subject to the integrated system for assessing the performance of public administration (the STORY), created by law No. 10/2004 , March 22, which has not actually been evaluated according to that system corresponds to classification to be assigned in relation to the performance of the year 2005 in accordance with articles 2 and 3 of this decree-law.

Article 2 performance assessment of 2005 1. Without prejudice to the following paragraphs, the performance review for the year 2005 shall be carried out in accordance with the law No. 10/2004, of March 22, and the Regulatory Decree No. 19-A/2004, of 14 may, or of specific performance evaluation systems adopted under paragraph 3 of article 2 or article 21 of law No. 10/2004 , March 22. 2. The evaluation of the performance for the year 2005 in offices, as well as in the special regime careers and special bodies, which have a performance appraisal system that has not yet been adapted under paragraph 3 of article 2 or article 21 of law No. 10/2004, of March 22 , shall be carried out according to the respective specific system. 3. The evaluation of the performance for the year 2005 in offices as well as in the special regime careers and special bodies that do not have a specific performance-measurement system and not to carry out the direct application of the STORY takes place in accordance with the rating system repealed by law No. 10/2004, of March 22 , being fixed the maximum percentage of 25% to rank higher, to be applied in accordance with paragraph 2 of article 9 of the implementing Decree No. 19-A/2004, of 14 May. 4 Article 3 of Supply performance evaluation 1. When sorting is required for the purposes set out in the following paragraph and until I have been assigned under referred to in preceding articles shall apply the provisions of articles 18 and 19 of the implementing Decree No. 19-A/2004, of 14 may, with the necessary adaptations. 2. The ratings assigned in the supply of relevant assessment only for the purposes of the competition presentation and progression. 3. supply of evaluation are not considered for application of the maximum percentages of assignment of ratings of very good and excellent. 4. The rights provided for in paragraphs 2 to 5 of article 15 of law No. 10/2004, of March 22, may not be granted when the performance evaluation has been supplied in accordance with this article.

Article 4 assessment of the performance of 2006 and following 1. Without prejudice to article 6, the evaluation of the performance for the year 2006 and the following shall be determined in accordance with the provisions of law No. 10/2004, of March 22, and the Regulatory Decree No. 19-A/2004, of 14 may, or of specific performance assessment systems adapted under paragraph 3 of article 2 and article 21 , both of law No. 10/2004, of March 22, as well as previous specific systems while they don't come to be adapted. 2. For the purposes of point (i))) (e) of paragraph 1 of article 25 of law No. 2/2004, 15 January, as amended by article 2 of law No. 51/2005, of 30 August, the non-application of the preceding paragraph shall be deemed to be no realization of objectives to be achieved during the exercise of functions.

Article 5 scales and qualitative indications 1. In the situations provided for in the law it is necessary to take into account the performance appraisal or classification of service and, in particular, should be taken into account qualitative or quantitative values 5 indications resulting from the application of different systems, the following rules shall apply: a) for consideration of the term qualitative, are used as if they have been applied in this case regardless of the system used; b) for consideration of quantitative values, is used the SIADAP range and must be converted in proportion to this any other scales used, with default approach, when necessary. 2. In other cases in which the provisions of the preceding paragraph is not subject to direct application to proceed to the application of article 3, with the necessary adaptations.

Article 6 the STORY review

A review of the STORY takes place in the course of 2006, taking into account the experience resulting from their application and the necessary coordination with the revision of the careers and remuneration system and with the design of the evaluation system of services, in order to be fully applicable to the evaluation of the performance for the year 2007 and following.

Article 7 entry into force this law shall enter into force on the day following that of its publication.

Seen and approved by the Council of Ministers of 29 December 2005.

The Prime Minister, the Minister of Parliamentary Affairs Minister Presidency