Wisconsin Council 40
LEGISLATIVE ALERT
AFSCME Green Sheet
Contracting Out
www.afscmecouncil40.org
September 5, 2008 Volume #30, Issue #28
State and local governments looking for ways to balance their budgets
too often fall victim to the siren song of contracting out public
services. However, privatization’s promised short-term savings often
result in higher costs, poorer service, increased opportunities for
corruption and diminished flexibility, control and accountability.
Contracting out has been shown to compromise the security of personal
information and public assets. In addition, the local economy and tax
base suffer as decent jobs with benefits are replaced with low-wage,
no-benefit jobs and private companies exporting profits to other parts
of the country or even overseas.
Innovative and responsible government leaders know that joint
labor/management partnerships are the best way to truly improve service
delivery. Public resources are most efficiently and effectively deployed
when front-line workers and managers
–
who have a stake in their communities
–
work together for the public good.
Contracting out almost always costs more than advocates claim because
indirect and hidden costs are ignored. These include the cost of
contract monitoring and administration, conversion costs, charges for
"extra" work, and the contractor's use of public equipment and
facilities. The Government Finance Officers Association estimates that
such costs can add up to 25 percent to the price of a contract.
The quality of service can deteriorate when profit is the prime
motivation in service delivery. The profit motive can be an incentive
to "cut corners," especially when contract specifications are vague or
poorly defined. Flexibility erodes because public employees routinely
perform tasks above and beyond their official job descriptions. Those
duties usually are not factored into contract specifications.
Dependence on contractors increases as in-house expertise and capacity
is reduced or eliminated. This loss of leverage can lead to price
gouging by contractors in future contract negotiations. When
contractors "low ball" their initial bids, governments are especially
vulnerable to increased costs in the future, when they have no place
else to turn.
Finally, and maybe most importantly, public accountability is diminished
because complaints from citizens cannot be directly and quickly
addressed by the State or local government. In addition, private
companies are not subject to the same public scrutiny as government
entities, which are required to operate in an open arena. These
conditions create opportunities for corruption, such as bid-rigging,
bribery and kickbacks.
STATE OF WISCONSIN
CONTRACTING OUT - A few
years ago, AFSCME led the effort to unmask the hidden costs of contracting
out of State services. An exhaustive review of State Department of
Transportation contracts revealed the State was grossly overpaying for
services, paying for redundant services and making payments far exceeding
the estimate of the original contract. Those revelations, along with
information regarding State information technology projects and contracts
that were coming in well beyond time and well above budget, led to a
bi-partisan effort to review and reform the State contracting out process.
Wisconsin 2005 Act 89 implemented a system of Uniform Cost Benefit Analysis
(UCBA) to be performed by all State agencies prior to entering into any
contract that exceeds $25,000. The legislation was intended to create a
system that compared the actual real cost of contracting out, including
oversight and administration, as well as the use of State resources on an
apples to apples basis with having the same work done with public employees.
After ACT 89 was signed, AFSCME went to work with State agencies on
developing systems that reflected the intent of the legislation. While
those systems are still a work in progress, reviews of UCBAs over the last
couple of years have begun to shed light onto the problems with contracting
out.
One of the most glaring problems at the State level is that many of the
UCBAs state that the reason an agency ultimately pursued a contract was the
lack of State employees or positions to do the work. In some instances, it
is apparent that it would be more cost conscious for State employees to do
the work, but due to either previous cuts in State positions or the failure
to create a position in advance of need, State employees are not readily
available. In these cases, time restrictions almost force the State to
contract out for the service, even though a State employee would be more
cost effective and provide higher quality.
As noted, UCBAs are still a work in progress and AFSCME is working to ensure
that administrators properly account for all the costs of contracting out.
However, ACT 89 provided a significant first step, and has created a tool
that we hope will be used by elected officials to not only save taxpayer
dollars, but also to improve the quality of State services.
CONTRACTING OUT BY LOCAL GOVERNMENTS
- While the centralized nature and scope of State government allows for
a comprehensive approach to scrutinizing privatization schemes, the
municipality-by-municipality and county-by-county nature of local government
contracting makes analysis more difficult. However, it is clear that revenue
caps combined with decreased State aid have left many local governments in
Wisconsin looking for short term fixes from one budget to the next.
Legislators must be conscious of the impact their decisions are having on
the quality of services that so many Wisconsinites rely upon from local
governments. Once local services are contracted, the competition for
private vendors of public services is eliminated, turning those short term
savings into even larger long term headaches.
ALTERNATIVES
TO CONTRACTING OUT
-
Contracting out is a risky way to address the many demands and challenges
facing State and local government. As various jurisdictions have found,
when committed managers and elected officials recognize that workers are a
valuable resource — an asset to be developed rather than a cost to be cut —
these demands and challenges can be met without introducing the risks of
contracting out.
AFSCME encourages members to talk to
candidates for the State legislature this fall and explain to them the
dangers of contracting out. Ask them to commit to keeping public services
public, and ensure that the high level of service provided by public
employees is maintained.
For more information, call the AFSCME Area Office at 608-836-6666.