The Bureaucracy 1 - The Bureaucracy Chapter 12 Modern...

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Unformatted text preview: The Bureaucracy Chapter 12 Modern government could not function without the General Notes bureaucracy *Bureaucracy is an effective method of organization *Bureaucracy is not unique to government Bureaucracy is found wherever there is a need to organize large numbers of people The goals of bureaucracies differ from private enterprises However... *For private business For government Goal is profit Goal is to serve the public interest as defined by elected officials The goals of the Consumer Product Safety Commission: For fun: Example * FEMA redux? Read the biographies of the commissioners For private business: Performance Standards Also For a government agency: How profitable is this company? *How efficient is this company? How do you measure performance when the goal is not profit? Example: Safe children's toys The Consumer Product Safety Commission and toy safety: Example * Pork barrel projects certainly may be: Is Government Wasteful? Conservative takes on pork and waste: * pagename=reports_pigbook2005 * * m Another distinction between private and public Openness bureaucracies *Achieving open government: *The Federal Register *The Administrative Procedures Act (APA) *The Freedom of Information Act (FOIA) *Sunshine laws The Code of Federal Regulations (CFR) * *And the CFR: * The Federal Register * Get your FBI file! A Primer on the APA FOIA * Defining Bureaucracy Lecture only! *In 19th Century Germany: Max Weber: Bureaucracy Public and private officials were appointed according to social status, family and connections, which led to: Favoritism and unfairness Weber's Task: How can we create fair and efficient organizations that allow all qualified people to compete for positions? *Bureaucracy=a system of organization and control based on three principles: Definitions *Hierarchical authority (chain of command) *Job specialization (positions are defined and there is a division of labor) *Formalized rules (standard operating procedures) *Through hierarchical authority by: Creating Efficiency and Fairness Reducing conflict *Creating clear lines of responsibility *Facilitating orderly communication *Reviewing of decisions by people up the chain of command promotes fairness (Think here in terms of an appeal to the next level) This site from the Food and Drug Administration explains An Example of Decision Review how persons dissatisfied by a decision can appeal up the the FDA hierarchy: * *Through specialization and division of labor by: Creating Efficiency and Fairness Ensuring individuals are properly qualified for the job *Guaranteeing workers with expertise and experience *Keeping workers focused on their jobs by giving them known and limited responsibilities An Example of Division of Labor This Federal Aviation Administration web site shows various specialized jobs within the agency: * *Note the qualifications for the various positions *Through formalized rules by Creating Efficiency and Fairness Promoting equality and fairness because all cases are governed by the same impersonal rules Like cases treated alike *No person or case gets special treatment *Using standard operating procedure to eliminate the need to "reinvent the wheel" Here is an example of standard operating procedure from Standard Operating Procedure the private sector: * tandard_operating_pr.htm *The above SOP governs your "Haunted Mansion" experience at Disney World When structured The Possibility of "Sick" Bureaucracies correctly, bureaucracies should be efficient and fair *However: things can go wrong Bureaucratic principles can become "pathological" and cease to promote efficiency and fairness *Working through the chain of command can slow down decisions: "We don't have final approval yet..." *Division of labor can lead to gridlock: "It's not my job!" *Standard operating procedure can disintegrate into red tape: "You need to fill out Form 22 before you can complete Form 23..." Bureaucratic Pathologies * *Do not assume all bureaucracies are pathological! Just Plain Wrong Make a Distinction! *Specialists in public administration and business administration "cure" sick bureaucracies This is a good short primer on bureaucracy: Here are some more thoughts on pathologies: *Consider: The Post Office: 650 Million letters each day; 145 million addresses six days a week! Resources: * * Bureaucracies of the Federal Government *Cabinet=14 major administrative units *Independent agencies=similar to cabinet departments but with greater specialization; heads report directly to the President Types of Federal Bureaucracies Examples: CIA *NASA *Regulatory Agencies=created by Congress to regulate a specific economic activity closely and continuously *Independent regulatory agencies=a special subset of regulatory agencies; headed by commissions with fixed terms of office; intended to be free of political interference *Examples: ICC; SEC *Examples: EPA, ATF More Federal Bureaucracies *Government corporations=charge fees for services and are governed by a board of directors but Operations subsidized by the federal government *Directors appointed by president with Senate *Example: US Postal Service Still More *Presidential commissions=permanent commissions that provide recommendations to the president *Example: Commission on Civil Rights Yet more Development of the Federal Bureaucracy *Federal government overall was small In the beginning *Federal government limited to activities related to: *Mail *Currency (coins) *Interstate commerce *Foreign and military affairs *States retained control over most domestic policy (recall chapter on Federalism) Staffing the Bureaucracy *The first six presidents choose distinguished, educated men with political experience *Andrew Jackson's new ideas: *Example: Washington's Cabinet *Government would be more responsive to the people if it was run by the people *Rotation in office to assure responsiveness and fresh ideas Federal Civilian Employees Choosing officials the old way *Patronage=awarding government office to political Patronage System supporters Problems with patronage *Criticized as the spoils system Party loyalty rather than qualifications was the basis for appointment Assassination of President Garfield in 1881 helps end the spoils system *Passed in 1883 to create a merit (or civil service) system for federal employees based on neutral competence Competition for positions based on Qualifications (college degrees; skills) *Experience *Test scores The Pendleton Act *Executive leadership system=a 20th Century reform to strengthen the presidency OMB in 1939 *Presidential power to reorganize the bureaucracy (with Congressional approval) *Executive Office of the President Balancing Merit and Control Bureaucracies exist in a complicated environment The Problem of Control President is chief executive but Congress supplies legal authority and budget *Clientele groups make demands Limited number of appointments (~5000) *An agency point of view develops What Agencies Do Congress identifies a problem (water pollutions; illegal The Usual Situation immigration) and passes a law outlining a policy *Congress then delegates legislative authority for policy implementation to an administrative agency in the executive branch (EPA; INS) *Regulation: a subset of implementation *Rule making=agency develops legal standards working within the boundaries set by Congress to help implement the policy Elements of Implementation *Example: What is meant by water pollution? What levels of what contaminants make water polluted? *Example: What kind of documents must a person provide to demonstrate legal residency in the US *How can we implement background checks to clear someone to purchase a handgun? This site does an excellent job explaining the process of Federal Rulemaking making rules in federal administrative agencies: * Agency rules determine how a policy will work in practice Agency Enforcement and Discretion *Agencies make decisions on enforcement Agencies can hold hearings to resolve disputes Cops as "street level bureaucrats" IRS and income tax appeals The next slide will contain an excerpt from this National Police Discretion Institute of Justice report on the exercise of discretion by police officers: * *"The nature of police work can be explicitly detailed in departmental guidelines or policies. It is important that everyone involved in developing or using these guidelines either understands or Police Discretion acknowledges policing realities, which include the following: *The majority of police work is conducted by an officer working alone or with a partner *The officer must make decisions outside the purview of supervisors or a command system. *The officer must make decisions based on internalized knowledge and skill." The Problem of Accountability How can we have government by the people when key Assuring Accountability decisions are made by unelected, faceless, career civil servants? *How can we make bureaucratic officials accountable, that is, responsible for their actions? *Presidential tools Assuring Accountability *Congressional Tools (see Chapter 10) Reorganization *Appointment power *Executive budget (OMB) *Sunset laws=laws expire at set date *Budget hearings and appropriations *Congressional investigations Courts - Parties injured by bureaucratic actions can sue an Assuring Accountability agency in federal court BUT Courts are traditionally very deferential to bureaucracies (i.e., courts will uphold the agency's actions unless something is obviously very wrong). Why? Courts lack of expertise in technical areas *Courts recognize the need for flexibility Internal tools Assuring Accountability *Whistle-blowing=bureaucrats themselves report on corruption or mismanagement Whistle-blowers in the federal bureaucracy are protected from retaliation *Demographic representation=making sure bureaucrats are representative of the diversity of the American population Here are more sources to help you locate government by federal law Additional Resources information: * * ...
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