§ 63A-12-205 — Independent performance survey and evaluation.

(1) (1)(a) Beginning in 2027 and every two years thereafter, the Division of Human Resource Management shall conduct a survey to collect feedback regarding the director's job performance.
(1)(b) The Division of Human Resource Management shall include as survey respondents a sample of each of the following groups:
(1)(b)(i) individuals who have appeared before the director;
(1)(b)(ii) staff who have worked with the director; and
(1)(b)(iii) any other class of respondents the Division of Human Resource Management determines helpful.
(1)(c) (1)(c)(i) A survey response is anonymous, including any comment included with a survey response.
(1)(c)(ii) If the Division of Human Resource Management provides any survey information to the director, the division shall provide the information in a manner that protects the survey respondent's confidentiality.
(2) In a survey under this section, the Division of Human Resource Management:
(2)(a) shall include questions relating to whether the director's behavior furthers the elements of procedural fairness, including neutrality, careful deliberation, respectful treatment of parties, and providing parties the opportunity to be heard; and
(2)(b) may include questions concerning the director's legal ability, temperament and integrity, and administrative performance.
(3) (3)(a) The Division of Human Resource Management may allow survey respondents to indicate responses:
(3)(a)(i) on a numerical scale from one to five; or
(3)(a)(ii) in the affirmative or negative, with an option to indicate the respondent's inability to respond in the affirmative or negative.
(3)(b) To supplement a response to a survey question, the Division of Human Resource Management may allow a respondent to provide written comments.
(4) (4)(a) Each year in which the Division of Human Resource Management completes a survey under this section, the Division of Human Resource Management shall prepare an evaluation of the director's job performance that includes:
(4)(a)(i) the results of the most recent survey conducted in accordance with this section; and
(4)(a)(ii) any other information the Division of Human Resource Management considers relevant to evaluating the director's performance.
(4)(b) (4)(b)(i) The Division of Human Resource Management shall provide a copy of the director's performance evaluation to the governor.
(4)(b)(ii) Each year in which the Division of Human Resource Management completes a survey and evaluation under this section, the governor or the governor's designee shall report to the Government Operations Interim Committee on the director's performance.

Legislative History

Enacted by Chapter 476, 2025 General Session