Public law principles must be paramount in designing and implementing
privatized administrative arrangements. private nonprofit organization
s are a familiar part of the public administration landscape. A case s
tudy demonstrates how public accountability is diminished when governm
ent arranges a service, leaving implementation to a private, nonprofit
agency, but public law principles are not central to the contractual
arrangement. Ineffective policy implementation, blurred lines of execu
tive accountability, and diminished management capacity resulted. Admi
nistration by civil suit was substituted private administrators are se
en as having constitutional responsibilities, constraints on discretio
n, and obligations to be open to public scrutiny and government regula
tory oversight.