Office of the Deputy Chief of Staff G1, Pentagon Letterhead
November 14, 2003


MEMORANDUM FOR SEE DISTRIBUTION

SUBJECT: Civilian Head of Legal Office Performance Evaluation



 The enclosure provides changes in the performance management process for civilian heads of legal offices and supercedes the provisions of AR 690-200, Chapter 213, Excepted Service Appointments, paragraph 4-10.

 By these changes the General Counsel and other heads of legal offices are designated as intermediate raters in the performance evaluation rating chain of the civilian heads of subordinate legal offices. The changes also establish a mandatory performance objective for civilian heads of Army legal offices.

 These changes are effective immediately. The mandatory performance objective shall be rated in the performance appraisal for the current rating period provided at least 120 days remain in the ratee's rating period; otherwise, the objective shall be rated beginning with the subsequent rating period.

 These changes were staffed with the major Army commands and the Office of the Administrative Assistant to the Secretary of the Army. They will be reflected in the next publication of AR 690-200, Chapter 213.

 You may contact Ms. Kate Mack at 703 693-1127 or DSN 223-1127 or by email at Kate.Mack@hqda.army.mil if you have questions regarding the application of these procedures for SES attorneys. Ms. Nancy Skates at 703 325-1334 or DSN 221 and email Nancy.Skates@(email address expired) can address questions pertaining to other attorneys.

 FOR THE DEPUTY CHIEF OF STAFF, G-1



// Ann McFadden signed //
for David L. Snyder
Assistant G-1 for Civilian
Personnel Policy


Enclosure



DISTRIBUTION:
ADMINISTRATIVE ASSISTANT TO THE SECRETARY OF THE ARMY

COMMANDER
US ARMY EUROPE AND SEVENTH ARMY
EIGHTH US ARMY
US ARMY FORCES COMMAND
US ARMY MATERIEL COMMAND
US ARMY TRAINING AND DOCTRINE COMMAND
US ARMY CORPS OF ENGINEERS
US ARMY PACIFIC
MILITARY TRAFFIC MANAGEMENT COMMAND
US ARMY CRIMINAL INVESTIGATION COMMAND
US ARMY MEDICAL COMMAND
US ARMY SPECIAL OPERATIONS COMMAND
US ARMY INTELLIGENCE AND SECURITY COMMAND
US ARMY SPACE AND MISSILE DEFENSE COMMAND

CF:
DIRECTOR
CIVILIAN HUMAN RESOURCES AGENCY
U. S. ARMY CIVILIAN PERSONNEL EVALUATION AGENCY


Head of Legal Office Performance Evaluation

  1. The first level of the rating scheme to evaluate the performance of any civilian attorney who is the head of a legal office at any level of the Army will be the rater. Notwithstanding any provision of chapter 4302, Total Army Performance Evaluation System, AR 690-400, or chapter 920, Senior Executive Service, AR 690-900, the second level of performance evaluation for such civilian attorney will be the intermediate rater, who is the head of the legal office at the next higher level in the chain of command. For example, for the Chief Counsel, U.S. Army Corps of Engineers (USACE), and the Command Counsel, U.S. Army Materiel Command (AMC), the General Counsel of the Department of the Army will be considered the head of the next higher legal office. In turn, the Chief Counsel, USACE, and the Command Counsel, AMC, will be the intermediate rater for their subordinate heads of legal offices. This rating scheme will be continued down to the lowest activity and installation level of legal office. The head of the next higher-level legal office will rate the attorney based, at a minimum, on the mandatory criteria in paragraph 2 below. The third level of the attorney's rating chain will be the senior rater. The requirements of this paragraph are satisfied when the Chief Counsel, USACE, or the Command Counsel, AMC, serves, where appropriate, as the senior rater of a subordinate head of a legal office. In such cases the senior rater will consider the mandatory performance objective provided for in paragraph b below.

  2. As part of their jobs, all civilian heads of legal offices at any level of the Army are expected to ensure that they, and attorneys for whom they are responsible, provide adequate support and ensure responsiveness to Army headquarters. Therefore, at a minimum, the performance plan of all civilian heads of legal offices at any level of the Army will include the following as a separate performance objective: "Provide adequate and prompt support to higher headquarters. Ensure adequate and prompt communication within and between the employing organization and legal offices at higher and lower levels; ensure responsiveness to requests from higher-level legal offices; and ensure compliance by immediate and subordinate legal offices with higher- level legal office guidance."

  3. The senior rater will send a copy of the annual performance appraisal of each SES attorney who is the head of a legal office to the General Counsel.