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  1. #1

    Default Can a Government Agency Outsource a Function by Contract to its Own Employees

    My question involves business law in the state of: Colorado

    My city's parks and recreation department decided to privatize it's a dance program. There are over 70 classes that serve literally thousands of students.

    They had two city employees within the city parks and recreation department that's were running the program. They were city employees when the city decided to privatize dance. I submitted a Colorado Open records Act request. The documents the city have back to me show that City policy prohibits giving a private contract to current employees.


    Cityside at this policy but still developed the private contract with the goal to give it to those two same employees, while they were also developing their private business. Parks and Recreation administration argued that The city employees would be the best to run it, and they would not have to spend the time getting a Nother company up to speed.

    The city manager approved it. I still can't figure out why.

    They never submitted a request for for proposals, they never sought for any bets from any other companies.

    They never had any public hearings or public notice or time for public comment.

    The city employees developed their private business at the same time that the contract was developed with their involvement and developing the contract and the many drafts of it.

    The contract between the city and the private dance company has been in place for two months and the entire program has disintegrated. The former city staff is now retaliating against students if they speak up and express any concerns to the city. There are some civil rights issues now getting involved.

    Myself and other baffled students are looking into how this company even got this contract and found all of this info out regarding the conflicts of interest with the contract between the city and the dance company.

    Can anyone give me any suggestions or ideas as to how in the world this can be legal?

    The city has offered to arrange an independent mediator to meet between the students the city and the private dance company. Where not sure if the city is going to go through with this or not, but we have agreed to do this. However, there are more and more problems surfacing that is indicating we may rather just seek to have this privatization contract ended. The dance company is acting so immorally - they are threatening students for speaking up. But we will try mediation. Any suggestions? We have no funds to hire an attorney right now, just need some ideas.

    - just a ballet dancer

  2. #2

    Default What Does Can a Consumer Do About a Bad Business Acting on Behalf of City Government

    My question involves a consumer law issue in the State of: Colorado

    What can consumer/taxpayers do if a city Parks and Recreation Department privatize is there dance program to their own city employees, without seeking any outside bids, and at the whole thing becomes very awful really fast?

    How do consumers hold the city accountable for allowing it's Parks and Recreation Department to create and issue a private contract to its own employees?

    How can this even be legal?

  3. #3

    Default How to Protect Against Harm from Retaliation

    My question involves civil rights in the State of: Colorado

    A newspaper is interested in doing a story to bring to attention the fact that our city developed a private contract for it's own city employees against city policy.

    The private business run by these now former city employees are pretty vindictive.

    How do I protect myself from retaliation?

  4. #4
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    Default Re: How to Protect Against Harm from Retaliation

    Where do you fit in the equation?

  5. #5
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: How to Protect Against Harm from Retaliation

    In what ways do you imagine they will retaliate?

    I'm not being sarcastic or telling you you're wrong - I'm asking you a serious question. It's very hard to tell you how to protect yourself from retaliation when we don't know in what manner the retaliation might form.

  6. #6
    Join Date
    Jun 2006
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    Massachusetts
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    24,521

    Default Re: What Does Can a Consumer Do About a Bad Business Acting on Behalf of City Governm

    Well, one thing she can do is have mercy on the unpaid volunteers on the message board that is trying to help her, and stop opening new threads on the same topic. Keep it all together, please, and we will be in a much better position to address the situation as a whole.

  7. #7
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    Default Re: Can a Government Agency Outsource a Function by Contract to its Own Employees

    Seems obvious to me...

    She is a dancer and does not like the people in charge since they have gone private. She wants to be featured in a news story on it she solicited and is afraid they will kick her out of the dance program.

  8. #8

    Default Re: Can a Government Agency Outsource a Function by Contract to its Own Employees

    My role?
    I am a citizen in the city. My taxes go to parks and rec. I'm also a long time parks and rec customer and dance student. I've also met with the city and dance company with another student trying to help bring resolution.

    Retaliation?
    The private dance company already stated in an email they fired out ballet instructor because we were in the class and also spoke to the city. They have asked we no longer be allowed in any city dance classes. (The city didn't let that one stand) and told is we were prohibited from speaking to our dance instructors privately outside of class. The dance instructors would have none of that. They still spoke to is outside of the rec centers. The private company has made threats (recorded) to end the entire dance program if we speak up. It was mind boggling because they were so bold and proud that they would "eliminate all of adult dance." Which is actually specifically prohibited by their contact with the city and under the city's master plan. That's what they have already done.

    Posting the threads together
    I'm so sorry, I wasn't sure how to go about this or what was the right forum. (I didn't think of this one).
    Thanks for putting it here and together! I will be sure to do it correctly in the future. Thank you again.


    News media and attention -
    Holy cow, I'm an introvert. I do not want to be featured in any news story. This is actually something I dread. I have asked my name be left out by everyone in any such effort. I frankly just want to get back to dancing and not all the crazy drama. I'm trying to help find a solution.

    I have never performed and never seek to perform. I have been in level 1 ballet for 4 years. Not exactly something that is news worthy. I am a physically disabled dancer who takes ballet as way to have fun and be stronger. I have MS and I hide my disability as much as possible. I like my classmates and instructor. None of us are professional or comepetive dancers. No adult dance class at parks and rec performs or anything like that.

    7 other students in the classes contacted new media. I want to find a solution. I'm tired of all the nonsense and stress. I am trying to find a way out of the drama and prepare before we go into mediation.

    I do not want to be even mentioned in any news story. Yes, there is another student that seems to want that. It's annoying. But the media outlet read the documents and is way too excited about doing a story. Other students just want the nonsense by the city and the private company to stop.

    You are right that I don't want to be kicked out by the private company because we complained to the city. I want to get back to dancing. That may seem silly to you. I am not some flake. I am a phd student who just wants this nonsense to stop. I dance because it helps me feel better. Until now... Ugh.

    Despite all my typos (sorry, typing while babysitting)... I was asked by other students to help find a solution because I'm usually somewhat good at deescalating a situation. I have made some progress in that regard as te dance company did temporarily re- instate classes and the city did offer mediation once I got involved and asked to speak to all aides. Before then, city council was about to have an emergency meeting. About a dance program. Even I rolled my eyes. I just kept thinking that there had to be a better way. Now I'm in the mess and this private company runs itself immorally and they city designed the contract for them. And citizens are getting screwed.

    Any suggestions on what we can do? Or thoughts on what allows the city to contract something to their own employees?

  9. #9
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    OH10
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    Default Re: Can a Government Agency Outsource a Function by Contract to its Own Employees

    The biggest thing is to find out how long the contract was granted for and based on that determine if city council should be pushed to nullify it, start a new bidding process or return it to city employee positions. The Park Service likely realizes this has gone down hill already and are trying to determine how to resolve it.

  10. #10

    Default Re: Can a Government Agency Outsource a Function by Contract to its Own Employees

    It was signed April 2nd 2014 and granted for three years - from June 1st 2014 to June 1st 2017.

    Parks and rec does seem to be scrambling and backtracking. They told me during a recorded conversation that it was a "pilot" and a "test." They are firm the program has to be privatized, but also were honest that this "blew up in our faces."

    I will look up information on how to push city council to nullify it. Thanks for the suggestion.

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