Given the Legislative Decree 27 October 2009, n. 150, containing “Implementation of the law 4 March 2009, n. 15, on the subject of optimizing the productivity of public work and the efficiency and transparency of public administrations ", and in particular art. 7;

Seen the DAG 8 July 2013, n. 12622, with which the Performance Measurement and Evaluation System of the State Attorney's Office was adopted;

Considering that the aforementioned System was adopted on an experimental basis starting from 2013 and that in the years 2014, 2015 and 2016 it was confirmed when the Performance Plan was adopted;

Considering that a new legislative and contractual discipline is being approved, in the light of which it will be necessary to adapt the evaluation systems;

Deemed to confirm for the two-year period 2016-2017, and in any case until the aforementioned new discipline becomes operational, the System of Measurement and Evaluation of the Performance of the Administrative Staff of the State Attorney referred to in DAG 8.7.2013, making based on the experience gained, some changes in the part relating to the review procedure of the individual performance evaluation, and consequently to the related Evaluation Form;

Given the Consolidated Law on the State Advocacy, approved with RD 30.10.1933, n. 1611 and the relative Regulation of the same date n. 1612 and subsequent amendments;

Given the DPR 5.7.1995 n. 333;

Given the Legislative Decree 30.3.2001, n. 165;

Having consulted the Secretary General and the Evaluation Committee referred to in art. 11 of the Presidential Decree of 5 July 1995, n. 333;

Having heard the Single Guarantee Committee of the State Attorney's Office;

Inform the representative trade union organizations;

DECREES

The System of Measurement and Evaluation of the Performance of the Administrative Staff of the State Attorney's Office adopted with DAG 8 July 2013 n. 12622 is confirmed for the two-year period 2016-2017, and in any case until a new legislative and contractual discipline becomes operational. The references to the year 2013 contained therein must be understood as referring to each year to which the measurement and evaluation methodology is applied.

With effect from the date of this decree and with effect from the measurement and evaluation of performance for the year 2016, paragraph 4. is replaced by the following:

"4. THE EVALUATION PROCESS.

Personnel assessment is performed within the organizational unit to which they belong.

The evaluation of all professional qualifications is the responsibility of the Secretary General and the District Lawyers, according to their respective competence, on the basis of the results of the indicators collected by the Heads of the Offices and by the Evaluation Unit.

For all employees, the performance is assessed, with a specific form, which is attached to this document.

The evaluation of the performance is communicated to the employee, who has the right to request - within ten days - with a written and motivated request, the re-examination of the same and, for this purpose, can also request to be heard, according to the respective competence, by the Secretary General or by the district attorney or their delegate, also with the assistance of a union representative.

In the absence of a request for re-examination, once the ten-day term has elapsed, the evaluation is considered definitive.

Any cross-examination must take place within 15 days of submitting the application.

In the event of a justified reason, the Administration may grant the postponement of the employee's hearing once to another date by no more than ten days from the previous one.

The impediment of the trade union representative indicated by the employee does not constitute a justified reason.

Upon the outcome of the cross-examination and in any case after 30 days have elapsed from the presentation of the request for review, the manager expresses the final assessment with a reasoned provision. "

THE ADVOCATE GENERAL
Massimo Massella Ducci Teri lawyer