§46-36  Authority of counties to engage inthe process of managed competition; established.  (a)  Subject to theapproval of the governor and the respective mayor of the county, the agencydesignated by the mayor with the responsibility to oversee the managed processfor public-private competition for government services shall:

(1)  Assist the mayor in formulating the county'sphilosophy for public collective bargaining and for the managed process forpublic-private competition for government services, including which particularservice can be provided more efficiently, effectively, and economicallyconsidering all relevant costs; and

(2)  Coordinate and negotiate the terms and conditionsor the managed competition process on behalf of the county with exclusiverepresentatives of affected public employees and private contractors.

(b)  If a county executes a contract with aprivate contractor pursuant to the managed competition process authorized underthis section, the county may use the layoff provisions of the civil servicelaws and the respective collective bargaining contracts to release employeesdisplaced from their positions by the managed competition process.  Prior toimplementing any layoff provision of the civil service laws or a collectivebargaining contract, the county shall use its resources for placing,retraining, and providing voluntary severance incentives for displacedemployees.  Methods that may be used to minimize or avoid the adverse effectsof an agency's decision to secure needed services from contractors may include:

(1)  Coordination with the private service providerawarded the contract under this section to continue a displaced employee'semployment as an employee of the contractor;

(2)  Reassignment to another civil service positionthe employee is qualified to fill;

(3)  Retraining to qualify the employee forreassignment; and

(4)  Severance incentives.

(c)  As used in this section, "managedcompetition" means the process established in this section by which thecounty and a private contractor compete to provide government services. [L2001, c 90, §3; am L 2002, c 106, §1]