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Local Government Powers: Privatization

Local Government Powers: Privatization. Stepping back: Sources and limitations on local government powers Choices by state in how to provide services/regulate through particular (governmental?) means But… Can local (or state) governments then allocate power to “private” entities?

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Local Government Powers: Privatization

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  1. Local Government Powers: Privatization • Stepping back: • Sources and limitations on local government powers • Choices by state in how to provide services/regulate through particular (governmental?) means • But… • Can local (or state) governments then allocate power to “private” entities? • What rules apply and what issues arise? • Common examples: • Privatization of jails • Use of charter schools

  2. Privatization of Jails: Tulsa • History of civil rights problems due to jail conditions • New approach • County commissioners… • establish “public trust” (TCCJA) to manage funds from new sales tax… • to pay private entity (CCA)… to manage and operate county jail… • under contract... • subject to state statutory & administrative requirements that apply to county jails and privately operated jails… • relating to security, inmate discipline and employment, food, clothing, housing

  3. Jail Privatization: Key Questions • Separation of powers & “delegation” • Why worry about delegation? • What is being delegated & is delegation permissible? • How are concerns addressed in the structure here? • Authority of TCCJA • Where does authority come from and how interpret? • Relation to constitutional role of sheriff? • Is this modification? Or de facto abolition? • Must sheriff be the one to privatize? • Special legislation concerns?

  4. Privatization & Charter Schools • State Constitutional provisions (NJ) • Legislature to “provide for the maintenance and support of thorough & efficient system of free public schools” • Historically, public school districts with public schools • New models: “charter schools” with public funding where special charter and independent governing board • Implications (and for whom)?

  5. Charter schools: Legal Issues? • Statutory structure (NJ) • Procedure for establishment & operating guidelines (admission, enrollment, transport) • Funding: district of residence pays per pupil amount to charter school (as set by state commissioner, but presumptively 90% of local budget for grade level) • State “guidelines” to prevent segregation, including grade level and school comparisons

  6. Charter Schools: Analysis • Segregation risk? • Will charter schools affect racial balance in public school district from which it draws pupils? • Economic impact • While charter schools draw resources that prevent school district from providing viable, “thorough & efficient” education for others? • Court’s response: Initial flaw? Interpretative stance? Why?

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