The Daily News recently ran a series of articles outing “no-bid” contracts at New York City’s Department of Education. As someone who spent nearly 20 years as a “provisional” public employee, I’m not surprised.
Whether the government is hiring public employees or companies, it faces what I call the “dilemma of discretion.” Allow public sector managers to hire and fire who they please, and the government runs the risk of having their brother-in-law – or the brother-in-law of a politico who is in a position to threaten them – hired. But bind that manager with all kinds of rules, such as a requirement to accept the lowest “responsible” bidder, to hire those who score highest on a civil service test, and to only fire an employee or contractor after a complicated series of steps, and you create a legalistic playground for those who seek to get paid to do a job without actually doing it. Thus the tendency of those trying to improve public services, as well as those trying to steal, to hire provisionals or “consultants,” which New York’s public agencies are stuffed with, and to enter into no-bid contracts.