Agenda - Council - 03/24/1987 - Laserfiche WebLink

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effects w~l be service nre~ tad geogra~)hic specific so it b difficult to gencr~flize about ~ek l~Ot~tial impacts. i%~dMe Servi~ inte~rupflon. An ~ue t'aat ~n~or ~ not ~mpl~e ~e ~n~a~. ~n~a~o~ ~ ~~, suff~ ~k~, ~d ~ply q~t. At ~ thi~ ~ ~e minor ~nve~ for n ~on's ~fi- ~ ~d ~ gorget; at wo~ it c~ ~te ~mm~ty h~l~ ~d ~y probl~, For ~me ~, such ~ Ubr~ nad ~ks ~d ~on. ~e ~u~ of a ~ ~on ue ~t ~k~y to ~ ~ous. For o~ ~s ~ch ~ ~Hd ~e ~d n~ to ~ ~ider~ ~ei'~y. ~e Ua~on~ approach ~ con~a~or ~t~on ~ to ch~k ~e ~n~a~o~'s ~t ~rfo~- ~ ~d ~ ~g prior m ~wa~g ~e ~n- ~n ~ ~ ~ of ~e ~ntra~. ~)me govu~en~ ~ re~ ~t~ eq~pment ~d ~o~:.s-tr~ ~r~el ~ ~n~g ~ ~at ~ ~ ~y ~ ~ ~te~pt~. Intergove~l A more r~nt ~ead is to Wide ~ ~mong &ff~t ~n~ors. ~, if one ~ ~ k brought ~ to fill the gap~ ~me 1~ gov- ~m~ ~e di~g th~ ~ deliv~ pro~d~ ~house ~d p~ by ~n~t~ ~g m~fiple ~n~o~. ~s Wes a !~ gov~ne~t ~e ~t~ ptot~on ~ ~ ~t~p~oa. '~e fa~ a !~ ~ove~t ~n move from ~e mono~ly (mn~or mono~ly or gov~t ~lono~ly) towed ~m~ve situation, ~e 1~ ~y ~e ~s~b~ of ~ ~t~ption. FACTORS AFFECTING CONTFACTING There ate a number of factors or c~aditions that can affect the feasibility and attractJvent~ of contractins for service. While several of these, w~ost notably lelpil ,;o~,straints, personnel issues, and availability of pro- riders are crucial issues, others such as z~lministrative control, risks, and the ability to create and sustain com- petition are important in their own x ight and must be addressed. In this section of the report, fourteen factors will be reviewed, beginning with the thr~ most crucial issues. While this discussion may not ~c atl-inclusivc, it is mcant to aid each local government in addressing unforeseen pitfalls in the contracting l~gal Consir~t~..All local governmcats operate under legal constraints when contracting, and some jurisdic- tions prohibit contracting of certain sc~ccs. Some legal constraints are set by federal law~ som~~, by state law, but many are imposed by local &uthotifies themselves. A te~ survey of California jurisdictiom found thstt constr~t~ w~r~ ~he mol~ common probl~n tered when attemptin~ to contr~t out.'" Federal law does not proin'bit conttaain~, per se, b~t doe~ impose certain restri~'ons on contracting such as requiring that contractors pay t~ ~ ~ Davis-Bacon Act), supply alTu'mative a~ion teport~, IltHi~ minot~t~ contrl~l}~ when ~ federal funds. ~tate laws vary dramatically. ~ome are- quite broad v,~nen it comes to contracting for services, others are very restric* five. One state requires explicit approval before con* tracting, while others prohibit contractln$ with firn~ from outside the state. Most states have explicit nd regu]ations on construction contractln$.l, Both the ,~anerican Bar Association and the Advisory Commlt~ion on lntergoveri~ental Rr. lations have pro* duced model contracting laws which relax the restric- tions on contracting. A number of states have adopted legal constraints are more severe, capricious, .and variable at the local government levd. Some cities have civil service rules that prohibit contracting if an employee is terminated and others have laws that require civil set* vice commi~ions to review each contract and certify that contracting is necessary (San ~ezo County). One ltlinois city has an ordinance that no veteran can be laid off or fired for any cause other than theft or conviction of a felony. Some cities restrict the length of a contract to the terms of the incumbent elected body. If a local government ~ ua entered into contta~in~ agreements before, care should be taken to investigate ail legal issues involved. It is crucial that legal constraints be elhninated before any contract is formulated, or · commllnit'y may f~ · ~igned but unusable contract. Personnel, C~vil Servlee and Ution Issues. ~ob~bly the second most serious impediment to contracting, parlJ~ ]arly in switching from public to private service, is the personnd, civil service, and union issue. On the one hand contracting h · way to escape outmoded ~ vice aries and restrictive union practices, but on the other hand these institutions may impose such · cost on switching to a contract that it va*il no longe~ be econotnically attractive. Unions may ~esent the greatest obstacle in switch~ng from public to private service./ts no union is interested in presiding over its own denxise--and this is often one result of contracting--it is understandable that unions generally oppose municipal contracting. If a local er_n_ meat's ]abor agreement limits or prohibits contract* lng, it ~ be almost imposs~le to turn to private con* tracting. Even if there is no clause in the union contract concerning contracting it is usually necessary, and deft* nitely a good idea, to meet and confer ~th the union prior to contracting. 'l'nere may also be city ordinance and ~ service rules that prohibit or restrict layoffs. Ordinances often requize