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Department of Justice Civil Rights Division a Strategic Management Framework for Building on the Past, Moving to the Future

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Department of Justice Civil Rights Division a Strategic Management Framework for Building on the Past, Moving to the Future A Report by a Panel of the NATIONAL ACADEMY OF PUBLIC ADMINISTRATION for the U.S. Congress and the Department of Justice Department of Justice Civil Rights Division A Strategic Management Framework for Building on the Past, Moving to the Future A Strategic Management Framework for Building on the Past, Moving to the Future October 2011 January 2015 National Academy of Public Administration ® ABOUT THE ACADEMY The National Academy of Public Administration is an independent, non-profit, and non-partisan organization established in 1967 and chartered by Congress in 1984. It provides expert advice to government leaders in building more effective, efficient, accountable, and transparent organizations. To carry out this mission, the Academy draws on the knowledge and experience of its nearly 800 Fellows—including former cabinet officers, Members of Congress, governors, mayors, and state legislators, as well as prominent scholars, business executives, and public administrators. The Academy helps public institutions address their most critical governance and management challenges through in-depth studies and analyses, advisory services and technical assistance, Congressional testimony, forums and conferences, and online stakeholder engagement. Learn more about the Academy and its work at www.NAPAwash.org. A Report by a Panel of the NATIONAL ACADEMY OF PUBLIC ADMINISTRATION For the U.S. Congress and the Department of Justice January 6, 2015 Department of Justice Civil Rights Division A Strategic Management Framework for Building on the Past, Moving to the Future PANEL Kristine Marcy,* Chair Gail Christopher* Richard Hoffman* Martha Joynt Kumar* Reginald Robinson* Myra Howze Shiplett* * Academy Fellow Officers of the Academy Robert J. Shea, Chair of the Board Nancy R. Kingsbury, Vice Chair Dan G. Blair, President and Chief Executive Officer B. J. Reed, Secretary Sallyanne Harper, Treasurer Study Team Joseph P. Mitchell, III, Director of Project Development Cynthia Heckmann, Project Director Maria Rapuano, Senior Advisor Tron Brekke, Senior Advisor David Treworgy, Senior Advisor Nicole Camarillo, Project Advisor Dan Orr, Research Associate The views expressed in this report are those of the Panel. They do not necessarily reflect the views of the Academy as an institution. National Academy of Public Administration 1600 K Street, N.W. Suite 400 Washington, D.C. 20006 www.napawash.org January 2015 Printed in the United States of America Academy Project Number: 2185 FOREWORD July 2, 2014 marked the 50th anniversary of what is widely recognized as a watershed moment for civil rights—the signing of the Civil Rights Act of 1964 by President Lyndon B. Johnson. A second major milestone in civil rights history, the 50th anniversary of the Voting Rights Act, will be commemorated on August 6, 2015. These two laws are historic in the annals of civil rights actions as they advanced the promise of equal protection against discrimination and equal justice for all Americans—and in particular, the most vulnerable. Moreover, they were instrumental in setting the stage for the passage of additional laws protecting Americans’ civil and constitutional rights. The agency responsible for enforcing our nation’s civil rights laws is the Department of Justice’s Civil Rights Division. As ensuring the protection of civil rights is vital to all Americans, it is critical that the agency charged with carrying out this mission does so effectively and is viewed by Americans as fair and impartial in the execution of its responsibilities. Given the division’s crucial role, Congress mandated (P.L. 113-76, “Consolidated Appropriations Act, 2014”) an independent assessment of the operations of the Civil Rights Division. The National Academy of Public Administration was chosen to conduct this broad review focusing on the division’s policies and management practices. The Academy formed a six-member Panel of Fellows to conduct the nine-month study, identifying and examining management and operational issues and developing recommendations, with implementation steps, the division can take to address the issues. In carrying out this review, the Panel looked at the evolution of civil rights laws, as well as the history of civil rights enforcement, to inform the future. The Panel offers a series of recommendations to strengthen the management and operations of the Civil Rights Division, building on the past while positioning it for the future, set on a foundation of integrity and accountability. The division’s new leadership provides a unique opportunity to leverage the Panel’s recommendations by placing a renewed emphasis on operational management and institutionalizing successful practices. As a congressionally chartered non-partisan and non-profit organization with nearly 800 distinguished Fellows, the Academy brings seasoned experts together to help public organizations address their most critical challenges. We are pleased to have had the opportunity to assist Congress and the Department of Justice by conducting this review. I appreciate the leadership and stakeholders of the Department and the Civil Rights Division (both current and former) who provided important insight and context needed to inform 5 the study. Also, I thank the members of the Academy Panel, chaired by Kristine Marcy, who provided invaluable expertise and thoughtful analysis to this effort, and the professional study team, led by Cynthia Heckmann, that provided critical support to the Panel. Dan G. Blair President and CEO National Academy of Public Administration 6 ACRONYMS AND ABBREVIATIONS AAG Assistant Attorney General Academy National Academy of Public Administration ADM Administrative Management Section ASG Associate Attorney General APP Appellate Section AUSA Assistant United States Attorney CAO Complaint Adjudication Officer CIGIE Council of Inspectors General on Integrity and Efficiency CRM Criminal Section CRT Civil Rights Division DAAG Deputy Assistant Attorney General DAG Deputy Attorney General DEA Drug Enforcement Administration DOE Department of Energy DOJ Department of Justice DRS Disability Rights Section EEO Equal Opportunity Employment EEOC Equal Opportunity Employment Commission ELS Employment Litigation Section EOS Educational Opportunities Section EOUSA Executive Office for United States Attorneys FBI Federal Bureau of Investigation FEVS Federal Employee Viewpoint Survey FCS Federal Coordination and Compliance Section FOIA Freedom of Information Act GAGAS Generally Accepted Government Auditing Standards GAO Government Accountability Office GPRA Government Performance and Results Act HCE Housing and Civil Enforcement Section HR Human Resources HUD Department of Housing and Urban Development ICM Integrated Case Management System IDP Individual Development Plan JMD Justice Management Division j-memo Justification Memo JOA Job Opportunity Announcement LGBTI Lesbian, Gay, Bisexual, Transgender, and Intersex MSPB Merit Systems Protection Board NBPP New Black Panther Party Notification and Federal Employee Anti-discrimination and No FEAR Act Retaliation Act OARM Office of Attorney Recruitment and Management 7 OEC Office of Employment Counsel OIG Office of the Inspector General OMB Office of Management and Budget OPA Office of Public Affairs OPM Office of Personnel Management OPR Office of Professional Responsibility Office of Special Counsel for Immigration-Related Unfair OSC Employment Practices PASS Professional and Administrative Support Staff PD Position Description PDO Professional Development Office POL Policy and Strategy Section SES Senior Executive Service SPL Special Litigation Section USAM United States Attorneys’ Manual USAO United States Attorney’s Office VOT Voting Section VRA Voting Rights Act 8 TABLE OF CONTENTS Foreword .................................................................................................................................................................. 5 Acronyms and Abbreviations ........................................................................................................................... 7 Executive Summary........................................................................................................................................... 10 Chapter One: Introduction.............................................................................................................................. 14 Chapter Two: Background .............................................................................................................................. 20 Chapter Three: A Strategic Framework for the Future ...................................................................... 39 Panel Recommendation 3.1 ....................................................................................................................... 47 Panel Recommendation 3.2 ....................................................................................................................... 48 Chapter Four: Mission Management—Enforcing Civil Rights Laws .............................................. 49 Panel Recommendation 4.1 ....................................................................................................................... 61 Panel Recommendation 4.2 ....................................................................................................................... 61 Panel Recommendation 4.3 ....................................................................................................................... 67 Panel Recommendation
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