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Donald Cohen

Donald Cohen

Posted: February 25, 2010 07:16 AM

Shadow Elite: If You Believe That, I've Got a Bridge to Sell You....

What's Your Reaction:

A note from Shadow Elite author Janine Wedel:

America's governors descended on Washington this week for their association's winter meeting. To see the amiable crowd mingling in black tie at the Governors' Ball, you'd never guess these public servants are in the midst of a fiscal tsunami, frantically slashing jobs and vital services as they face a combined $134 billion budget hole over the next three years. This post, by Donald Cohen, Executive Director of the Center on Policy Initiatives, is a troubling look at one way politicians are trying to help plug that staggering hole: selling off bridges, buildings, even parking meters to private enterprise, in deals engineered by the very Wall Street interests that helped bring on what some call the Great Recession.

It's a hometown version of Government Inc., one of the disturbing trends I explore in my book Shadow Elite, in which private contractors are increasingly taking over public functions, or in this case, actual public assets, and laying the groundwork for power brokers to pursue their own agenda. The average citizen has little or no say as to how these deals get done. And there is an even more profound loss: private business not only buys that hard asset, but also buys the power that comes with it, usurping the ability to make policy decisions affecting you and me that used to be the job of government, with traditional check and balance. As the power goes, so does the public sphere. As Cohen shows, politicians who need easy money are engaging in a sort of fiscal swindle, and the ones getting conned are taxpayers, their children and grandchildren, as public assets fall into private hands for decades, or, perhaps, forever.

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A century ago, con men got away with selling the Brooklyn Bridge to immigrants looking to buy a piece of America and get rich quick. The swindle became standard shorthand and joke for gullibility.

Today it's no punchline. Mayors and governors staring down massive budget gaps are putting bridges, buildings, parking lots, and more up for sale. Who's buying? Wall Street, which, in turn, wants to sell off your public assets to investors with the promise of sure-fire returns. Sound familiar, too good to be true? It is. But with layoffs and severe public service cuts looming, the prospect of fast cash - whatever the long-term consequence - is intoxicating. And politicians are drinking it up.

In December 2008, Chicago's Mayor Daley rushed a 75-year lease of the City's 36,000 parking meters through City Council for $1.15 billion in much-needed budget cash. There were no public hearings, no financial analysis, no alternative solutions given to the Council before it voted. The Mayor's maneuvering was so airtight that his next proposed budget included this revenue even before the deal was done. Aldermen were given the impossible choice - question the deal or fill a $150 million shortfall. The result: a Morgan Stanley-led venture, Chicago Parking Meters, snagged a "win-win" deal for themselves, and a "win now-lose later" deal for the city.

The way the deal went down, and its implications, underscore the troubling developments examined by Janine Wedel in her recent book, Shadow Elite.
Increasingly, small groups of power brokers, not public servants, are helping to midwife decisions, with little or no oversight, that benefit themselves, the politicians and players they're connected to (here, primarily in the form of an easy budget fix), but not necessarily you, the voter and taxpayer.

That's what happened in Chicago. When the private operator upped rates and installed faulty meters, a public backlash led to an after-the-fact investigation. The Chicago Inspector General concluded the parking meter lease was a "dubious financial deal." The IG said the city received nearly a billion less for the system that it was worth, and the hasty "crisis" nature of the decision making process meant that Daley didn't evaluate better deals.

Before the ink dried, lawyers, accountants and financial advisers earned a reported 7 million in fees. {In classic shadow elite fashion, some of these same power brokers, including Morgan Stanley and a law firm with a partner who is reportedly one of Mayor Daley's best friends, Katten Muchin Rosenman, would later show up in Pittsburgh, earning fees there for parking privatization guidance.}

And what did the public get? The "desperation sale" includes a provision that says the city has to pay the operator for lost revenue each time the city closes a street for repairs, art fairs or block parties. The company actually bills the city any time cars can't park at their meters.

But the long-term consequences are far more disturbing. As Wedel argues, deals like the one in Chicago go well beyond simple government contracting. Private interests are increasingly eating up not just public assets or functions, but also the public power that comes with those assets, power to make policy in a way that good government demands: with transparency, accountability and with the interest of the public front and center. With each lease signed, pieces of official government disappear, as does your right as a taxpaying citizen to control what should be part of the public sphere, now and well into the future.

Take the provision that prevents Chicago from opening new parking garages nearby that could compete with private parking meters. It's a straight-jacket that will prevent public policy making for 75 years. Imagine a city council 40 years from now that wants to build parking lots to help control, say, sprawl or global warming. They would have to pay the parking meter company (whoever owns it in the future) for lost revenue if they wanted to act, as they rightfully should, in the public interest.

The privatization craze is happening all over the country, and the risk of vanishing public power spreads with it. Los Angeles Mayor Antonio Villaraigosa is proposing deals to cash in on city parking, as well as a fire sale of the City's Convention Center. The irony there is that a new nearby redevelopment project is finally putting the Convention Center in the black after years of subsidies. Public convention centers often run with city subsidies because the city benefits in various ways from tourism. Shifting the Center to private control could jeopardize that economic benefit, if the operators make decisions based solely on their bottom line.

Governments are also selling or leasing their own buildings. Last month, the Arizona Legislature announced a 20 year sale-leaseback offer of the State Capitol, a deal put together by Morgan Stanley and Citigroup. And in California, Governor Schwarzenegger is proposing to sell landmarks, possibly San Quentin State Prison, the Los Angeles Memorial Coliseum and the California State Fairgrounds, among others.

But at least one community learned the hard way about a myth that Wedel discusses in Shadow Elite: that private interests can do the job of government better than public servants. Three years ago, Milton, Georgia signed a lump-sum contract with international management firm CH2M Hill to handle all day-to-day city operations except public safety. Luckily for Milton taxpayers, the deal was performance-based. CH2M Hill wasn't performing as promised, and just last month city officials cancelled the contract, actually saving a million dollars a year by taking those functions back to the public sphere.

Milton Georgia had the luxury of being able to return that Brooklyn Bridge they got sold on. Hopefully, today's mayors and governors will begin to realize what sounds too good to be true, probably is, and put the hard questions to dealmakers before they jump. In resisting a seemingly easy fix, they'll preserve for future generations the power to chart their own course, and protect the public interest without the distorting incentives that come from private control.


Edited by Linda Keenan.

 
 
 
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11:27 PM on 02/26/2010
Great article Mr. Cohen. Seems like our government officials just want to privatize everything. What next--national parks?
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HUFFPOST SUPER USER
exxman
Visualize Whirled Peas.
12:43 PM on 02/26/2010
Welcome to the United States of Goldman Sacks. Is this a great country, or what?
10:05 AM on 02/26/2010
Just another step towards the New World Order - probably planned many decades ago but put into high gear by the Bushes, Clintons, and now Obama, God bless them. The official projections are that the antique notion of "statehood" will be a thing of the past within the next 20 years; there will be no borders between countries. The U.S. is well on its way towards subduing any dissent or independent thought in the Middle East and is moving on toward South America. The African Continent is a shoe-in. Should the American Army object... well, there's always Blackwater/Xe. Our government is throwing money around like there's no tomorrow - probably because they know it will never have to be repaid. Greece, Spain, Italy, and others are on the verge of bankruptcy. That, plus the expected collapse of the dollar, will usher in the One World Currency controlled by...? Not to worry folks... its all planned. Slavery won't be that bad... really!
11:23 PM on 02/25/2010
You have got to love modern finance capitalism. The right-wing is truly winning. Goodbye USA.
Hey, that gives me an idea. How about we sell the naming rights to our country. Heck, we don't own the place anyway...
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sloppybear16
"Dare we live, without molds"
08:15 AM on 02/26/2010
corporatism/fascism is not capitalism. it has nothing to do with what you call "right-wing".
07:15 PM on 02/26/2010
Only if you believe corporate fascist right wing welfare recipient Jonah Goldberg. In the real world, fascism is the child of capitalism and it is not only anti-social(ist), it is totalitarian and racist: a creature exclusively of the right.
If you want to say leftism has totalitarian and authoritarian examples, you wouldn't be wrong, but to say socialism or liberalism is fascism, then that is a lie. A lie usually put forward by right wing extremists who resemble fascists and Nationalist Socialists. Nationalists in the sense that one race was considered the true nation, socialist in the sense that there would be economic fairness for members of that nation. For Jonah Goldberg, he is part of the socialism of the hereditary elites of this country.
HUFFPOST SUPER USER
bacaja
11:00 PM on 02/25/2010
Maybe not such a dumb deal for Chicago at all. Start taxing the new owners for each
meter. Also rent for the space to keep their meters on.
09:28 PM on 02/25/2010
The Governor of Pa. wanted to sell the Pa. Turnpike to Spain a few years ago.....true story.
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HUFFPOST COMMUNITY MODERATOR
23000Days
Life: Tragedy for feelers, Comedy for thinkers.
08:06 PM on 02/25/2010
As Harry Nillson said: " Pretty soon there'll be nothing left for everybody."
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HUFFPOST SUPER USER
jinxed
starting over at 60
03:32 AM on 02/26/2010
Isn't that the whole point? Begs to reason that maybe the financial "crisis" was engineered just for this particular reason, strap the states and cities and force a sale of public assets. This is not a new operation as IMF has been using it for years all around the world. Ask a few South and Central American countries or a few Asian ones.
07:18 PM on 02/25/2010
Here's an idea: parking meters where the money goes directly into a state-of-the-art public transit system. Or is that too sensible?
Because having to pay to park our cars is stupid. Pay to own them, pay to insure them, pay to fuel them, pay to repair them. With all that money we could have solved our transportation problems years ago. Or is that too socialistic?
It's not too late.
Let's focus on solutions that work for all of us instead of just a few wealthy individuals.
06:53 PM on 02/25/2010
The company installed faulty parking meters? The city installed its 36,000 old parking meters over the last 50 years and simply handed them over as-is on one day. Thousands of them were ancient and not working. The company DID screw up the handover by underestimating how fast the meters would fill up with coins. However, this was only for the first 4 weeks of what you say is going to be a 75 year deal! The company claims that the new pay machines are functioning more than 99% of the time overall.
Your "straight jacket" metaphor sounds plausible at first, but consider: If the city owned the parking meters 40 years from now and built "competing" parking garages nearby, it would reduce its own (and taxpayers') parking meter revenue exactly as you suggest. This is EXACTLY the same as if the city writes a check to the parking operator for that equivalent amount. Of course, that would be after the city has already been given its money and had the opportunity to use it and earn interest on it for 40 years.
So, you may be against selling off city assets for emotional or sentimental reasons - and those are perfectly valid reasons to be against this sort of thing - but at least check your facts before putting your name to something. This does nothing for the cause.
06:52 PM on 02/25/2010
Respectfully Mr. Cohen - you have done a poor job of fact checking. It appears that you have simply re-told what you have read in other (inaccurate) articles. Here are a few facts:
The city Inspector General was seeking higher office and needed some press. Turns out the calculations he made have been widely debunked because he forgot to add any risk pricing into his numbers! D'oh!
A "rush" job? No process? The parking meter privatization went through a year-long PUBLIC bid process. Where were journalists THEN? Not doing any real detective work, that's for sure. Many of the world's largest infrastructure companies bid and the the prices of the two finalists were within 10% of each other. So two independent competitors came up with almost the same value for the system (the IG seems to have left that part out)! Then, the two companies went into a "best and final offer", where they both came up with even higher values than they had before. The highest priced bid was chosen. Sounds fair to me.
Private operator upped the rates? The city (and not the company) set - and continues to set - the prices for parking meters. It's very simple. If the city wanted to maintain its old prices for meters, the companies bidding would have paid less for the system and Chicago taxpayers would have got less money.
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HUFFPOST SUPER USER
patsydecline
we are so post kumbaya...
06:24 PM on 02/25/2010
only a matter of time before the government is done and corporate control takes over...
seens now were in the stage where the government is the corporations host and protector...
eventually it will be a shell and nothing left but the corporations...
06:16 PM on 02/25/2010
I live in Chicago and have seen thee big differences as a result of privatizing the parking meters and the sky-way bridge to Indiana - first, prices have gone up. Second, everything seems so much more efficient - new equipment, no more gangs of city workers in orange vests standing around talking, friendlier employees, etc. And third, both of these are now cash-flow positive where before they were drains on the taxpayers. It almost doesn't bother me that someone is making a profit, knowing that at least we don't have to pay taxes to subsidize horrible mismanagement.
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HUFFPOST SUPER USER
fuzzwald
07:00 PM on 02/25/2010
superglue
08:08 AM on 02/28/2010
I agree with you. Privatization in a lot of areas is much better. Take garbage pick up. I live in a town that turned over its garbage pick up to private companies. Thereby saving taxpayer dollars by not having to hire civil servants, pay pension benefits, and pay for repairs and new trucks. It saves the city money, hence the taxpayer. The private company charges 25.00 per month and now has expanded their recycling efforts where most of our garbage is recycled. the taxpayer also has a choice on who picks up their garbage thereby increasing competition and keeping prices lower. Yes, this is good. By the city owning the process, it took away competition and every year pension benefits would have increased the tax base. I'm for some privatization, but I think our parks should be public.
06:11 PM on 02/25/2010
What isn't mentioned in this article is that Daley's nephew, William Daley Jr, works for Morgan Stanley. Morgan Stanley also acquired a 99 year lease to operate some of the city's parking garages and tried to do the same for Midway Airport.
Also, according to the Chicago Sun-Times, another nephew, Peter Thompson, is "President and CEO of Chicago Asset Management Company, which manages some pension funds for CookCounty government employees."
http://www.suntimes.com/images/cds/MP3/Familytree.html
How is the mayor able to flaunt such blatant cronyism? He wins elections with 70% of the votes when less than 30% of people vote.
06:38 PM on 02/25/2010
I wouldn't call it cronyism, I'd call it graft and collusion. Which I thought were crimes.
05:34 PM on 02/25/2010
haha pretty soon there will be nothing left to sell
05:24 PM on 02/25/2010
There needs to be some sort of law that requires a public referendum on the transfer of significant public assets. Public entities will always be buying and selling assets, but these large scale transfers are a whole separate category and it would not be difficult to establish some parameters that could trigger public referendum. This kind of law should exist at both federal and state levels (as state laws could apply to local entities like cities).