Important Terms / Concepts / Topics

Personnel – Civil Service

Important Terms / Concepts / Topics Kaufman’s cycles -- Neutral Competence, Executive Leadership, Representativeness – and what they mean Economics and the formation of the U.S. Constitution Evolution of Public Service: Virginia Gentlemen, Jackson and common man, patronage, etc. Spoils system and George Washington Plunkitt President Garfield and the Pendleton act, Hatch act Assembled and unassembled examination, position classification, the General Schedule Veteran’s preference, affirmative action. EEO, Comparable worth OPM, Merit System Protection Board, SES Whistle blower, collective bargaining, RIF

Evolution of Public Service Era of Elites (1730-1829). Era of the Common Man (1830-1883). Era of Reform (1884-1906). Era of Efficiency (1907-1932). Era of Administrative Management (1933-1960). Era of Professionalism (1961-1977). Era of Civil Service Reform (1978-1991). Current era: Government by “Citizens, Experts and Professionals”

Herbert Kaufmann Cycles of Personnel Theories Neutral Competence Executive Leadership Representativeness

Era of Elites (1730-1829). Charles Beard: Economic Interpretation of the Constitution Most problems with Articles of Confederation were economic Revolutionary war bond defaults Different currencies Interstate Tariffs Shay’s Rebellion

Economics and the U.S. Constitution One national currency No interstate tariffs Federal government has the power to regulate interstate commerce A stronger national government To control uprisings against the powerful New national government required to pay all debts incurred by old government

Government by Gentlemen: Educated and Economic Elite Republic, not a democracy Only the House elected by the people Constitutional dispute over voting requirements Unresolved and left to the states

The Virginia Gentlemen 1. George Washington 2. John Adams 3. Thomas Jefferson 4. James Madison 5. James Monroe 6. John Quincy Adams

Era of the Common Man (1830-1883) Andrew Jackson A rough hewn Frontiersman “Gentlemen” were aghast at his presidency

Government jobs were “so plain and simple” that any average person could do it.

“Introduced” the era of political patronage And the spoils system

Political Patronage the use of state resources to reward individuals for their electoral support.

The Spoils System (“To the Victor Belong the Spoils”)

Patronage From the 1830s to the 1880s (and beyond) Those working for the party got government jobs. Campaign contributors got government contracts. All is still true today, but not as explicit Ambassadorships County Sheriff

George Washington Plunkitt: “Honest Graft Era of Reform (1884-1906): Assassination of James A. Garfield Sworn into office on Friday, March 4, 1881 (Before the 20th amendment in 1932) Assassinated July 2, 1881 by Charles J. Guiteau Mentally unstable and disgruntled by failed efforts to secure a federal post,

Civil Service Reform (Pendleton) Act 1883 Response to Garfield Assassination And also constant pressure by Civil Service Reform movement Movement began in 1870s Model was neutral professional service of Great Britain

Pendleton Act Created the Civil Service Commission to administer a partial merit system. Classified the federal service by grades to which appointments were made based on the results of a competitive examination. It made it illegal for federal political appointees to be required to contribute to a particular political party. Civil service system operated to 1978

Era of Efficiency (1907-1932) Civil Service Commission began job classification Based on Frederick Taylor’s Scientific Management There is one best way to do a job And one set of skills for a job The match between the two can be measured by an exam

Civil Service System Goals: Kaufman’s neutral competence Hiring people with skills to match the job No political distortion Tactics Position description / classification Skill based examination Protection from political pressure (job security)

Position Classification Classification is more than description Knowledge job requires Level of difficulty Supervisory responsibilities Important for setting pay level as well as skills required by job The General Schedule (GS) 15 (later more) levels of pay ranges based on position classification GS 1-8 basic / Clerical College graduates GS 5 and above Master’s degree GS 7 and above GS 10 and above requires managerial experience (Later supergrade GS 16-18)

Applicant Examinations Assembled examination Written test Administered at numerous cities around the country Used mostly for lower positions Unassembled examination Mostly GS 9 Plus Comprehensive resume plus references

For position openings, traditional Ranked list Unranked list Select among top 3 Veteran’s preference included in ranking

Continuing Evolution of the Public Service 5. Era of Administrative Management (1933-1960). The federal government got bigger and the roles of administrators expanded. Brownlow Commission and rise of EOP Kaufmann’s Executive leadership

6. Era of Professionalism (1961-1977). New government responsibilities government workforce at all levels becomes more specialized

Remember Stages of Administrative Development 1st stage: revenue collection, expenditures, debt management, maintenance of internal law and order, defense, foreign affairs 2nd stage: agriculture and trade, created catchall departments 3rd stage: old functions received new departments, human welfare 4th stage: science and technology, energy, the environment, economic planning

Executive Leadership: Partisan politics never far away Franklin Roosevelt He and aides distrusted decades of control by conservatives Fear supported by early Supreme Court Decisions Most New Deal programs lodged in brand new agencies FDR Administration populated those agencies with program supporters (liberals) Eisenhower – a moderate course Disappointed Republican supporters Taft wing of Republicans wanted to rescind the New Deal Kennedy and Johnson continued New Deal Policies LBJ’s Great Society Similar to New Deal enacted multiple new programs Model Cities and Urban Renewal Medicare War on Poverty

Richard Nixon In Policies, middle of the road In politics, very partisan “Because of the rape of the career service by the Kennedy and Johnson Administrations ... this Administration has been left a legacy of finding disloyalty and obstruction at high levels while those incumbents rest comfortably on career civil service status." Can’t fire, but can transfer to Timbuktu or Alaska.

Gerald Ford, Jimmy Carter, George H.W. Bush and Bill Clinton Moderate in appointments Ronald Reagan Most partisan president in recent decades (also one of the most effective) Too early to tell about Bush and Obama administrations

Era of Civil Service Reform (1978-1991). Civil Service Reform Act of 1978 attempt to redesign the federal personnel system to reconcile effective management with political responsiveness.

Civil Service Reform of 1978 Abolished Civil Service Commission Replaced with Office of Personnel Management (OPM) Merit Systems Protection Board (MSPB) Delegated Personnel administration to agencies Established Senior Executive Service

Senior Executive Service (SES) Concept – most experienced civil servants Paid more Generalists -- can be moved from agency to agency Can be fired a pay grade in the civil service somewhat analogous to the ranks of general or admiral in the U.S. armed forces.

U.S. Government Personnel Issues Whistleblowers Equal Employment Opportunity, Affirmative Action, Comparable Worth Unions and Collective Bargaining Political Rights / Participation Recruitment of top talent

Whistleblower An employee raising a concern about an organizational practice Might be fraud / corruption Or simply dangerous or sloppy E.g., airport x-ray scanners don’t work or misused

Internal versus external Internal acceptable but may be ignored External may be viewed as traitor

Martyrs promoting accountability to public? Or “tattle tale” or snitches? Constant fear of retaliation Legal protections vary according to the subject matter and the state National security versus environmental protection Arizona versus Texas Versus California

Equal Employment Opportunity, Affirmative Action, Comparable Worth Equal Employment Opportunity (EEO) Equal Opportunity based on what criteria? Equal Opportunity or Equal Results Affirmative Action versus the dreaded QUOTA Comparable Worth Are pay schedules impacted by a history of prejudice

Current State of Equal Opportunity Employment Although public organizations have made great strides, minorities are still largely excluded from the middle and upper ranks of management. Women continue to earn less on average than men for comparable work.

Current State of Equal Opportunity Employment ComparableWorth: designed to equalize pay across groups for those performing comparable duties. “hitting the glass ceiling.” Representation of women in the Senior Executive Service has increased steadily while representation by minority men has not increased nearly as fast. A Policy Role for Social Equity? Representative bureaucracy: the demographic composition of the public workforce should reflect that of American society. Many policy choices made by middle management and lower Street level bureaucracy So representative bureaucracy for representative decisions Active versus symbolic representation

Veterans Preference 5 point bonus on exams (10 point bonus if disabled) Preference for reasons other than job qualifications, similar to affirmative action Closely monitored by veterans groups and hard to change Some preferences less applicable to GS 9 and above positions. Does not apply to the SES

Unions, Collective Bargaining Unionization declining in private sector Most strongly associated with mining and manufacturing, less with retail Unionization growing in public sector 40% of public sector employees represented by unions Highest at local level Police, fire, teachers

Fire Department, City of New York (FDNY) The Department's lieutenants, captains, battalion chiefs, deputy chiefs, medical officers and supervising fire marshals are represented by the Uniformed Fire Officers Association (UFOA) Regular firefighters and fire marshals are represented by the Uniformed Firefighters Association (UFA) Both are locals of the International Association of Fire Fighters Fire Alarm Dispatchers are represented by the Fire Alarm Dispatchers Benevolent Association. EMTs, paramedics and fire protection inspectors are represented by other unions.

Police Department, City of New York (NYPD) Represented by the Patrolmen's Benevolent Association of the City of New York

Collective Bargaining Negotiating for wages and working conditions is the union’s primary purpose. Most effective tool is the strike But governments claim sovereignty and most do not recognize the right to strike PATCO Strike in 1981

Strike Alternatives Some governments ignore bans against strikes Too problematic to fire workers and train new ones. Also slow downs, sick-ins, etc. Work to the Rule

Union Issues Combine Political and Managerial Department of Homeland Security Creation delayed by Bush Administration insistence on banning unions Argued agency needed maximum flexibility

Government Workers and Political Involvement Hatch Act Law enacted in 1939 to prohibit civil servants from taking activist roles in partisan campaigns. Could not make political contributions, work for a political party or campaign for a particular candidate. Federal Employees Political Activities Act 1993 liberalization of the Hatch Act. Allowed federal employees to run for office in nonpartisan elections and to contribute money to campaigns in partisan elections.

Hatch Act (1939) Persons below the policymaking level in the executive branch must abstain from "any active part" in political campaigns. An amendment on July 19, 1940 extended coverage to state and local employees whose salaries include any federal funds.

Hatch Act perhaps needed at the time But a severe restriction on political freedom of government employees Could not donate money or work on campaigns Changing times and greater emphasis on individual liberty led to demand for change 1993 liberalization