2020 Colorado Revised Statutes
Title 2 - Legislative
Article 7. Legislative Oversight of Principal Departments
Section 2-7-204. Performance management systems.

(1) (a) No later than August 1, 2013, and no later than August 1 of each year thereafter, the governor shall publish the components of the performance management system for managing the principal departments of the executive branch of state government, except the department of state, the department of the treasury, and the department of law. The performance management system must be published in instructions issued by the office of state planning and budgeting. The instructions must be posted on the official website administered by the office of state planning and budgeting.

2. No later than August 1, 2013, and no later than August 1 of each year thereafter, thejudicial department shall publish the components of the performance management system for managing the judicial branch through instructions issued by the office of the state court administrator. These instructions must be posted on the official website administered by the judicial branch.

3. No later than August 1, 2013, and no later than August 1 of each year thereafter, thedepartment of state, the department of the treasury, the department of law, the office of state public defender, the office of alternate defense counsel, the Colorado energy office, the office of economic development, the office of the child's representative, and the office of the child protection ombudsman shall each publish their components of the performance management systems for their respective department, office, or commission. These instructions must be posted on the official websites administered by the respective departments, offices, and commissions.

(2) (a) Any performance management system published pursuant to subsection (1) of this section must address, among other strategic goals and priorities that are consistent with the charge of each department, strategies for enhancing productivity, improving efficiency, reducing costs, and eliminating waste in the processes and operations that deliver goods and services to taxpayers and customers of state government. At a minimum, the performance management system must establish parameters for the development of performance plans for each department. A performance management system should incorporate a continuous process improvement system based on lean government principles or another widely accepted business process improvement system.

(b) A performance management system should include elements to ensure that a department's employees are appropriately trained to implement its various components.

(3) (a) (I) Except as provided in subparagraphs (II) and (III) of this paragraph (a), no later than July 1, 2014, and no later than July 1 of each year thereafter, each department shall develop a performance plan in accordance with the performance management system and submit that plan to the joint budget committee and the appropriate joint committee of reference as determined pursuant to section 2-7-203. The performance plan serves as a guide to a department's major functions and as a tool to evaluate performance goals over time.

(II) (A) The department of higher education will satisfy the requirements in this subsection (3) through the master plan for postsecondary education that the Colorado commission on higher education maintains as described in section 23-1-108 (1.5). The department of higher education shall ensure that copies of the master plan are submitted to the joint budget committee and the appropriate joint committee of reference as determined pursuant to section 2-7-203, and shall post the master plan and any performance contracts and reports to its official website and the official website of the office of state planning and budgeting.

(B) The state auditor, in conducting a performance audit of the department of higher education as specified in subsection (5) of this section, shall consider the extent to which the goals of the master plan and the associated performance contracts have been achieved.

(III) The public employees' retirement association will satisfy the requirements of this subsection (3) through its annual actuarial valuation report described in section 24-51-204 (7), C.R.S., and its report to the governor described in section 24-51-204 (8), C.R.S., regarding the policies, financial condition, and administration of the association. The public employees' retirement association shall ensure that copies of the reports described in this subparagraph (III) be submitted to the joint budget committee and the appropriate joint committee of reference as determined pursuant to section 2-7-203, and shall post such reports to its official website and the official website of the office of state planning and budgeting.

2. Each department's performance plan shall be posted on the official websites of thedepartment and the office of state planning and budgeting. The state treasurer, the attorney general, the secretary of state, the state court administrator for the judicial department, the office of state public defender, the office of alternate defense counsel, the public employees' retirement association, the Colorado energy office, the office of economic development, the office of the child's representative, and the office of the child protection ombudsman shall ensure the office of state planning and budgeting receives the information required to be posted on the office of state planning and budgeting's website pursuant to this paragraph (b). The office of state planning and budgeting shall not have access to edit any information provided by the state treasurer, the attorney general, the secretary of state, the state court administrator for the judicial department, the office of state public defender, the office of alternate defense counsel, the public employees' retirement association, the Colorado energy office, the office of economic development, the office of the child's representative, or the office of the child protection ombudsman.

3. At a minimum, a performance plan must include the following components, whichmay be further refined in the performance management system published pursuant to subsection (1) of this section:

1. A statement of the department's mission or vision;

2. A description of the major functions of the department;

3. Performance measures for the major functions of the department;

4. Performance goals that correspond to the department's performance measures andthat extend to at least three years into the future;

5. A narrative description of the strategies necessary to meet the performance goals;and

6. A summary of the department's most recent performance evaluation.

(d) If reasonable and appropriate, performance measures should be developed with the input of department employees and certified employee organizations.

4. Departments shall conduct performance evaluations and distribute them to the jointbudget committee and the general assembly at least twice each calendar year as defined in the published performance management system.

5. (a) Prior to the first regular session of the seventieth general assembly, the state auditor shall, within existing resources, conduct or cause to be conducted performance audits of one or more specific programs or services in at least two departments, and shall continue to conduct or cause to be conducted performance audits of one or more specific programs or services in at least two departments annually thereafter.

2. In selecting both departments and specific programs or services within those departments for performance audits, the state auditor shall consider risk, audit coverage, resources required to conduct the performance audits, and the impact of the audited programs or services on a department's performance-based goals. The legislative audit committee shall approve the programs or services selected by the auditor for performance audits.

3. Performance audits of the programs or services selected for audit may include, butshall not be limited to, the review of the following:

1. The integrity of the performance measures audited;

2. The accuracy and validity of reported results; and

3. The overall cost and effectiveness of the audited programs or services in achievinglegislative intent and the departments' performance goals.

4. The state auditor shall present the performance audit report to the legislative auditcommittee.

5. After the performance audit report is released by the legislative audit committee, thestate auditor shall present the performance audit report of those departments with services or programs audited in the previous year to the appropriate joint committee of reference as determined pursuant to section 2-7-203. The state auditor shall also present any other audit reports that he or she deems relevant for the joint committee of reference's review.

(6) As part of its regular deliberations, the joint budget committee shall consider the performance plans submitted pursuant to paragraph (a) of subsection (3) of this section and the performance evaluations submitted pursuant to subsection (4) of this section. Based on its review of these performance plans and performance evaluations and its consideration of each department's legal responsibilities and strategic goals and objectives, the joint budget committee may prioritize departments' requests for new funding that are expressly intended to enhance productivity, improve efficiency, reduce costs, and eliminate waste in the processes and operations that deliver goods and services to taxpayers and customers of state government.

Source: L. 2010: (1)(b), (3)(a)(I), and (3)(a)(II) amended, (HB 10-1404), ch. 405, p. 2003, § 4, effective June 10; entire part R&RE, (HB 10-1119), ch. 340, p. 1568, § 3, effective August 11. L. 2013: Entire part R&RE, (HB 13-1299), ch. 382, p. 2237, § 1, effective June 5. L. 2015: (1)(c) and (3)(b) amended, (SB 15-204), ch. 264, p. 1030, § 12, effective June 2. L. 2017:

(3)(a)(II)(A) amended, (SB 17-297), ch. 210, p. 821, § 19, effective May 18.

Editor's note: This section is similar to former § 2-7-204 as it existed prior to 2013.