§89A-1  Office of collective bargaining andmanaged competition.  (a)  There shall be established an office ofcollective bargaining and managed competition in the office of the governor toassist the governor in implementation and review of the managed process ofpublic-private competition for particular government services through themanaged competition process and negotiations between the State and theexclusive representatives on matters of wages, hours, and other negotiableterms and conditions of employment.

(b)  The position of chief negotiator for theState is hereby established to head the office.  The chief negotiator shall beexperienced in labor relations.  The governor shall appoint the chiefnegotiator and may also appoint deputy negotiators to assist the chiefnegotiator.  The governor, at pleasure, may remove the chief negotiator and anydeputy negotiator.  All other employees shall be appointed by the chiefnegotiator.  All employees in the office of collective bargaining and managedcompetition shall be included in any benefit programs generally applicable toemployees of the State.

(c)  Subject to the approval of the governor,the office of collective bargaining and managed competition shall:

(1)  Assist the governor in formulating the State'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 managed competitionprocess on behalf of the State with exclusive representatives of affectedpublic employees and private contractors.

(d)  No employee of the office of collectivebargaining and managed competition shall be included in the civil service, anycivil service classification system, or any appropriate bargaining unit;provided that any civil service position in existence on July 1, 2002, shallnot be exempted from civil service until the incumbent in that position on July1, 2002, vacates that position.

(e)  If the State executes a contract with aprivate contractor pursuant to the managed competition process authorized underthis section, the State may use the layoff provisions of the civil service lawsand 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 State shall use its resources for placing, retraining,and providing voluntary severance incentives for displaced employees.  Methodsthat may be used to minimize or avoid the adverse effects of an agency'sdecision 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.

(f)  As used in this section, "managedcompetition" means the process established in this section by which theState and a private contractor compete to provide government services. [L 1975,c 165, §2; am L 1977, c 191, §4; am L 1982, c 129, §4; am L 1985, c 29, §1; amL 1986, c 128, §4; am L 1989, c 329, §3; am L 2000, c 253, §104; am L 2001, c55, §37 and c 90, §5; am L 2002, c 106, §2]

 

Note

 

  Privatization; contracting of government services with theprivate sector (repealed June 30, 2007).  L 2001, c 90, §2.