Privatization: Local Government Information and Peer Exchange

International City/County Management Association

Proposal to U.S. Environmental Protection Agency

Office of Water

December 2, 1999

I. Proposal Overview

Local governments are interested in privatization to reduce costs and enhance service. However, the issue of privatization can be complicated by many different social, financial and legal factors. To address local government needs and concerns regarding privatization, the International City and County Management Association (ICMA) proposes to conduct a local government information and outreach effort that includes series of regional seminars, articles and publications, and a session at ICMA’s Annual Conference. To conduct the regional seminars, ICMA will work with the Water Industry Council (WIC) to access information and experts that can address issues of privatization and answer questions from officials. The outreach effort will address water and wastewater privatization issues such as employee transition and implications of federal laws and guidance.

The seminars will provide opportunities for local government officials to learn from their peers and other experts on privatization and will have four coordinated parts:

  1. national experts explaining recent changes in Federal and local rules, regulations and guidelines that effect municipal outsourcing of public water facilities (most which were constructed in part with Federal grants and continue to be subject to Federal oversight);
  2. peer exchanges with an open guided interchange between local government employees and former municipal employees who transitioned to the private sector; and
  3. small "breakout" sessions with panels of local government and private sector employees to encourage questions, provide information and exchange real-life experiences of local governments and employees who have transitioned to the private sector following a facility or system privatization.
  4. The new EPA guidelines, Guidance on the Privatization of the Federally Funded Wastewater Treatment Facilities will be presented and discussed during each of the seminars and featured in ICMA and WIC publications.

II. Program Activities

ICMA’s activities will include four one-day seminars, publications of articles and information in ICMA magazines, newsletters, a session at ICMA’s Annual Conference and in ICMA and WIC web sites.

Seminars

ICMA, with WIC, will deliver four one-day seminars for up to100 participants. The areas most affected by privatization will determine locations and sequence of the seminars. These would be determined jointly by the ICMA and the WIC, and with input from EPA. To encourage attendance of operating personnel and managers, registration fees would be minimal and grant funds would be applied to overall seminar costs.

ICMA will develop the detailed agenda, obtain speakers, secure meeting facilities, promote the program, obtain participant evaluations and prepare and disseminate meeting reports. ICMA will use the resources and expertise of the WIC in these activities. ICMA will invite officials, including facility operators and supervisory staff, and local government senior management, such as appointed city and county managers and budget directors.

As described below, each seminar will have three main components that will provide information and facilitate opportunities for officials to learn from experts and their peers:

Presentations by Industry and Government Experts

Information and presentations made by industry and government experts will include the following topics:

  • Defining terms in the industry,
  • Myths and misconceptions of public/private operations,
  • Managing human resource issues and social impacts (recent case studies),
  • Contract operations transaction structures; private sector approach to water/wastewater operations,
  • Future trends of the market,

Implications of:

  • Executive Order 12803 (1992),
  • EPA Privatization Guidelines of 2000
  • IRS Management Contract Rules (1997)
  • IRS Employee Rights Transfer Letter Rule (1999)
  • Selected state privatization legislation

The human resource issues and social impacts would cover topics such as:

  • job security,
  • changes in job responsibilities,
  • work related benefits,
  • career growth opportunities,
  • work demands (hours per week, job responsibilities, etc.),
  • relocation, and
  • portability of accrued benefits such as:
  • pensions
  • vacation time
  • sick-leave
  • seniority

Each of the above presenters will incorporate into their presentation the changes resulting from the Guidance on the Privatization of Federally Funded Wastewater Treatment Facilities published by EPA (draft September 1999).

Peer Exchange

Following the structured presentations and question period, smaller, facilitated sessions will be convened to encourage audience interaction and peer exchange. They may include role-playing, discussion of personal experiences of operators who have transitioned from public to private sector and an opportunity for organized labor and industry representatives to present their views.

These lively discussion groups often generate the greatest flow of information because questions are frequent and are directed at the issues of greatest concern to the community where the seminar is presented.

Breakout Session on Guidance on the Privatization of the Federally Funded Wastewater Treatment Facilities

In a separate breakout session following the structured presentations and peer program, the new guidelines for privatization will be summarized by experts identified by ICMA and WIC and with input from EPA. Examples of transaction procedure review and some case studies may be presented. Interaction will be encouraged regarding the details of what is required by the new guidelines and other privatization issues.

Other Outreach Activities-Affiliates, Publications, Web Sites, Annual Conference

ICMA will communicate and provide information on the new EPA Guidance and privatization issues through a variety of its outreach mechanisms that include, its affiliate city and county state associations, regional councils and municipal leagues, and its publications and online capabilities.

ICMA has affiliates throughout the U.S. and will disseminate information through their communications networks, including their newsletters, Web sites and meetings that reach thousands of local governments.

ICMA’s own publications and online capabilities are extensive and include:

Local Government Environmental Assistance Network (LGEAN)

LGEAN is a full service Web site (www.lgean.org), telephone and fax-back network that provides local government environmental technical assistance, resources and regulatory information on water, air and land issues. ICMA administers the network and partners with several national organizations, including the Environmental Council of States, Water Environment Federation, American Water Works Association, American Public Works Association, Solid Waste Association of North America, the National Association of Counties, and the Air and Waste Management Association, to provide information and assistance.

ICMA’s Web site

ICMA also has its own Web site (www.icma.org) that provides valuable resources for local governments. The site contains the Inquiry Service (IQ), a searchable database of local government programs and practices, bulletin boards and chat rooms, and an on-line bookstore of ICMA’s extensive publications.

ICMA Newsletter, a bi-weekly newsletter,

Public Management (PM), a monthly magazine on a range of local government management issues,

Small Community Assistance Newsletter (SCAN), a quarterly newsletter on environmental issues especially for small communities, and

National Association County Administrators Newsletter, a newsletter that is distributed to appointed county administrators on issues especially relevant to counties.

ICMA will also develop and convene a session at its annual conference in Cincinnati, Ohio on September 17-20, 2000. The conference attracts over 4,000 city and county managers from across the country and from jurisdictions large and small. The issue of privatization has been popular at and well attended at past conferences. To convene a session, ICMA will arrange for speakers and meeting needs (facilities, etc.), promote it among local officials, perform an evaluation and produce a follow-up report.

ICMA Background

ICMA is the professional and educational association for appointed management executives and assistants serving local governments. The purposes of ICMA are to enhance the quality of local government through professional management and to support and assist professional local government administrators internationally. The Association provides technical assistance, training, management assistance, and publications to help local government professionals improve their skills and increase their knowledge. ICMA also serves as a clearinghouse for the collection and dissemination of information and data for and about local government.

ICMA has the capability to provide outreach and assistance to other local government officials beyond its members. This capacity is rooted in ICMA’s involvement with an extensive network of state associations, municipal leagues and affiliate organizations. The associations and municipal leagues also have newsletters and communications networks that, in aggregate, reach hundreds of thousands of members. ICMA’s affiliate organizations include the Academy for State and Local Government, ICMA Hispanic Network, National Association of County Administrators, National Forum for Black Public Administrators, National Association of County Administrators, and Public Technology, Inc. (PTI). In addition, ICMA works very closely and continually with other members of the "Big 7" associations representing state and local government. In addition to ICMA, the other members of the Big 7 are the Council of State Governments, National Governors’ Association, National Conference of State Legislatures, National Association of Counties, National League of Cities, and U.S. Conference of Mayors.

WIC Background

The Water Industry Council is an association of national, non-regulated, investor-owned water and wastewater companies. The WIC's mission is furthering the understanding of the private water industry's role in delivery of water/wastewater services. We attempt to accomplish this goal by presenting the industry's perspective to legislators, regulators, ratepayers and labor, through:

  • conferences, seminars, trade journal editorials, working sessions with administrative staff and facility operators,
  • maintaining a water/wastewater online news service and data base to share water related information among all stakeholders,

The WIC conveys to the water/wastewater industry the needs and wishes of current and potential clients of the industry services by:

  • surveying public opinion,
  • interviewing elected and appointed officials, organized labor and facility operators

The WIC also assists local government and facility operators by:

  • developing and contributing to oral and written presentations on planning for and procuring private water/wastewater services, methods of improving facility operations,
  • developing and hosting municipal operators' web sites,
  • exchanging industry information from around the world.