State & Local News
Vol. 20, No. 2, Winter 1997
Chair's Message
By Janice C. Griffith
Janice C. Griffith is Chair of the Section and dean of the Georgia State University College of
Law in Atlanata, Georgia.
Strategic Plan Update
I am happy to report that our Section has made considerable progress in the
implementation of our updated strategic plan. Tasks assigned to our Section Officers and Council
members, for the first, have been designed specifically to achieve the plan's goals, objectives,
and strategies. I would like to highlight just a few of our recent initiatives that
illustrate our new approach.
Goals 1-3: To Provide a Forum for Discussion of Public Law and Ethical
Issues Indianapolis Privatization Conference
Each year the Section formulates a theme for in depth treatment to meet
our goal of addressing contemporary public law issues. "Reinventing government," the selected
theme for the 1996-97 year, covers privatization, public/private partnerships to provide
governmental services and infrastructure, the devolution of power from the federal government
to the states, and the restructuring of local and regional governments to better serve their
constituents. We held our Fall Council Meeting in Indianapolis, a city at the forefront of the
privatization movement, to learn about how it had outsourced some municipal services
traditionally performed by public employees.
On October 11, 1996, a distinguished panel of speakers familiar with the Indianapolis
privatization experience, discussed the many legal issues that arise from the performance of
public functions by private parties. Joseph DeGroff , an Indianapolis attorney, and Michael
Yoder, drector of Indianapolis's Department of Administration, outlined various functions
that had been privatized and described how "managed competition" had been instituted between
public employees and the private sector. They provided copies of documents and legislation that
enabled the managed competition process. Robert Duncan, the Indianapolis Airport's counsel,
discussed the airport's managed competition process, and Carol Kirk, drector of the Indiana
State Ethics Commission, raised the ethical issues that ensue when the private sector performs
governmental services. Robert Lenhard, a representative of AFSCME from its General Counsel
Office, presented public employee concerns arising from privatization.
The audience sought the response of the panelists on a number of issues including: (1) the
applicability of statutes that apply to public employees but do not specifically address
performance by private employees; (2) the types of compliance and oversight mechanisms
needed to ensure accountability when public functions are outsourced; (3) classification of
those functions that should not be delegated to private employees because direct control by
elected officials is necessary; (4) the possible annulment of a contract on the ground that one
legislative body cannot bind successive legislative bodies; (5) the need to quantify savings from
privatization; (6) the expense and difficulty of replacing capital assets such as prisons or fire
trucks once they have been sold; and (7) the possibility that privatization contracts will be
designed to reward political allies and supporters.
The program received rave reviews from the attendees. To buy your copy of the audio
tape of the program or program materials, call Sharon Tindall at 312/988-5649.
Upcoming Teleconferencing of Hot Topic Land-Use Program
in San Antonio
The next time we get together will be in San Antonio during the ABA's Midyear Meeting
from January 31 to February 2, 1997. Please join us on Friday, January 31, 1997 for one of our
regularly featured programs, "Recent Developments in Land Use Law." If you cannot attend, we
have arranged for you to hear the program live over the telephone. We look forward to the
Section's first teleconferencing event!
Goals 4, 7, & 8: To Develop Strong Section Leaders and to Increase
Diversity Among Our Members Leadership Training at the Midyear Meeting
The need to enhance leadership development emerged as an important outcome of last
year's strategic planning activities. Much energy has been devoted to providing the high level of
services our members expect, but insufficient time has been committed to developing the
leadership team that can fulfill membership demands. New initiatives must be undertaken to
increase the Section's membership diversity.
At our Midyear Meeting in San Antonio, David Cardwell, Carol Dinkins, and Karen
Mathis, three of our present Section leaders who have broad experience within the ABA
organization, will conduct a leadership training program. The program will focus on how
effective leadership can be nurtured both within the Section and the ABA organization.
Goals 5 & 6: To Increase Participation by Public Sector Attorneys in Our
Section and to Develop Stronger Liaisons with Outside Entities IMLA Joint Privatization
Program on April 8, 1997
Developing relationships with organizations that possess complementary interests
remains one of our long-standing goals. The International Municipal Lawyers Association
(IMLA) and the Section have begun to develop more joint activities that will benefit members of
both organizations. On April 8, 1997, following IMLA's annual April meeting in Washington,
D.C., the Section and IMLA will co-sponsor a program that will explore in another way this
year's "reinventing government" substantive theme. You can combine the beauty of cherry
blossom time in Washington with the latest word on this hot topic.
Goal 9: To Have Fun Indianapolis and San Antonio
Indianapolis surprised us with its exciting and delightful downtown area. We gazed at
great architecture during our historic area walking tour, ate in terrific restaurants, and enjoyed the
city's varied night life, all within walking distance of our hotel.
Please come to San Antonio! You can start thinking now about those great restaurants
that border San Antonio's famous Riverwalk. On February 1, we will enjoy Southwestern cuisine
at the County Line BBQ. Plan to join us for an historic district walking tour to better grasp the
San Antonio events that affected the course of our nation's history.
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