§ 140. Maintenance and reporting of performance ratings. 1. All
departmental agencies of the state government, whether known as
departments, institutions, boards, commissions, or otherwise, shall keep
and report, if requested by the civil service department, performance
ratings of employees, based on standards of performance established by
such respective agencies and approved by the civil service department,
for the purpose of recording in terms of quality, quantity, and other
factors, the relative efficiency of employees engaged in the same or
similar lines of work, under the rules prescribed by the state civil
service commission.

2. The state civil service department shall use such performance
ratings as a basis for determining the rendition of satisfactory service
necessary for advancement from one rate of compensation to another. Such
department, in its discretion, may use such performance ratings as a
factor in promotion examinations.

3. Notwithstanding the provisions of subdivisions one and two of this
section, during periods of time when there is in effect an agreement
between the state and an employee organization reached pursuant to the
provisions of article fourteen of the civil service law or a performance
evaluation plan administered pursuant to rules and regulations
promulgated by the director of the budget, the provisions of such
agreement and/or the provisions of such rules and regulations shall be
applicable.