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2002 NLPES-Fall Training Conference Notes
Privatization: Where Are We Now? Saturday, September 21, 2002

This session presented information on the recent history and trends in the privatization of government functions in four states: Florida, Colorado, Kansas, and Mississippi. The session was introduced and moderated by James Barber of Mississippi and included presentations by panelists from the legislative performance evaluation or auditing entities in the four states.

Introduction - The value of government contracts with private organizations is up 65% since 1996 and is estimated to total $400 billion in 2001. In a recent survey within government, researchers found positive perceptions of privatization efforts with respondents believing it results in: 1) cost savings, 2) less red tape, and, 3) higher quality of service.

Florida - A 1998 senate study found 30% of appropriations were used for contracting services with private organizations. The following functions are high users of private services: transportation, highway design and maintenance, and welfare and prisons. Gary VanLandingham, the presenter from Florida, pointed out the potential benefits of privatization, which include:

  • Cost savings
  • Gaining special expertise
  • Handling workload peaks
  • Shifting start-up costs through lease-purchase agreements.
The potential risks include:
  • Accountability concerns and access to records
  • Tendency for contractors to want "the easy cases," for example, in prisons or healthcare
  • Costs can actually end up higher due to government not knowing its actual cost for comparison purposes.
The solutions to these potential risks can be handled through good contract development.

Mr. VanLandingham believes auditors need to advise policy makers on whether it is appropriate to privatize the service, whether privatization will save money or improve service, and whether it worked. He also cautioned that our own audit functions could be targets for privatization, so we need good measures of cost and performance for our organizations.

Colorado - Heather Moritz of Colorado described the climate for privatization as "cool" in Colorado. The state has a very specific civil service provision in its constitution that has had the effect of preventing privatization if it causes a permanent civil service employee to lose a position. Thus, it has been easier in Colorado to privatize new or expansion functions. The Office of the Auditor published a report in 1991 on how to assess whether to privatize a function. Colorado has had some successes in privatization-as well as a near riot in the prison system when a new prison contracted with a private organization for food service.

Kansas - Leo Hafner reported that Kansas has come 'full-circle' in its approach to privatization; from an ad hoc basis to systematic privatization efforts, and back to an ad hoc approach. Kansas has privatized many major government functions including financial audits, prison programs such as inmate healthcare, education, and food services; and many functions out of the Social and Rehabilitative Services agency, including foster care, adoptions, and family preservation services. The weights and measures function and child support collection are also privatized, as well as three major transportation functions. The Kansas Legislative Division of Post Audit has confronted major challenges in past audits of privatized functions, especially in obtaining access to information and records. Currently, Kansas is still favorable to privatization, but proceeds with more caution than in prior years.

Mississippi - Results have been mixed in privatizing government functions in Mississippi. Larry Whiting reported that many transportation and food service functions have been privatized for a long time. In the 1990s, Mississippi had a Republican Governor and Lieutenant Governor for the first time in 100 years, and they began an effort to identify a potential pool of functions for privatization. In 1992, a report to the Legislature identified 93 programs and 22 services that could be privatized, at a value of $946 million in operating costs. Not long after, a Gubernatorial Executive Order mandated the privatization of child support enforcement. The legislature approved a test program in two counties, and found the state operation cost to be less than that of the contractor, Maximus. There is legislative interest in the privatization of prisons as Mississippi is under court order for overcrowding. However, a study to arrive at accurate figures for current inmate cost per day was done prior to a privatization effort.

Back2002 Fall Training Conference Notes

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