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



(1)  Assist the mayor in formulating the county's
philosophy for public collective bargaining and for the managed process for
public-private competition for government services, including which particular
service can be provided more efficiently, effectively, and economically
considering all relevant costs; and



(2)  Coordinate and negotiate the terms and conditions
or the managed competition process on behalf of the county with exclusive
representatives of affected public employees and private contractors.



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



(1)  Coordination with the private service provider
awarded the contract under this section to continue a displaced employee's
employment as an employee of the contractor;



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



(3)  Retraining to qualify the employee for
reassignment; and



(4)  Severance incentives.



(c)  As used in this section, "managed
competition" means the process established in this section by which the
county and a private contractor compete to provide government services. [L
2001, c 90, §3; am L 2002, c 106, §1]