§ 4.12.095. Privatization contracts.

A.

No contract which provides for privatizing governmental services shall become effective unless and until such contract has been approved by ordinance adopted by the council. For the purposes of this section "privatizing governmental services" shall mean any services or work performed by employees of the metropolitan government as of the effective date of this ordinance, which services, if performed by nongovernmental entities, (1) would result in the termination, relocation, transfer or furloughing of one or more employees of the metropolitan government who were employed to provide such services; or (2) the elimination of any vacant position funded in the operating budget in the past eighteen months that provided such service; or (3) has a value or cost of one hundred thousand dollars or more, provided however, such term shall not include professional services.

B.

Any contracts of metropolitan government entered into prior to the effective date of this ordinance may be renewed or extended, the provisions of this section to the contrary notwithstanding, provided such original contracts met the requirements of the provisions of the metropolitan Code at the time of their original execution.

C.

No person, firm, or entity may contract for privatizing governmental services if they provided consulting services for metropolitan government in the year preceding the date of an invitation to bid, a request for proposals or other solicitation to contract recommending, suggesting, or advising that such services be privatized.

D.

No contract for privatizing governmental services shall become effective unless all employees of metropolitan government who were providing such services be offered employment with metropolitan government at the same or greater pay grade and level.

E.

No contract for privatizing governmental services may be approved unless a comprehensive written justification and cost-benefit analysis, prepared by the department or agency seeking to have such contract approved and approved by the director of finance, is filed with the council at the same time as the ordinance approving such contract. Such analysis shall include, but not be limited to, (1) a detailed explanation of the governmental services being privatized; (2) the cost for metropolitan government to continue providing such governmental services; (3) the anticipated cost-savings to metropolitan government; (4) the number, pay grade, and status of any metropolitan government employee positions to be eliminated; (5) the department or agency plan for assisting such employees in finding other employment within metropolitan government; and (6) a schedule and procedure of providing employees information of the changes to the department or agency and of their present and future employment status.

(Amdt. 1 to Ord. BL2005-858, 2006; Ord. BL2005-858 § 1, 2006; Ord. 95-33 § 1, 1995)