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Faithfully Occupied with the Public Need

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Faithfully Occupied with the Public Need FAITHFULLY OCCUPIED WITH THE PUBLIC NEED DAVID J. SCHNALL, PH.D. Herbert Schiff Professor of Management and Administration, Wurzweiler School of Social Woric, Yeshiva University, New York The Talmud and later commentaries devote much discussion to the issues of propriety, competence, and discretion in communal service. Community service is considered a sa­ cred commission to which Job security, tenure, and the protection of office are natural concomitants. Yet, because of the trust with which they are ordained, communal employ­ ees must be held to higher standards of productivity and competence. They are particu­ larly enjoined to keep confidential the information to which they may have access. Mod­ em conflicts in community management have antecedents in many different Jewish com­ munities over a period of2,000 years. This article explores three aspects of T communal employment in classic Jewish X blessing and supplication recited in though: (I) job security and the right to or­ most synagogues each week on behalf of ganize, (2) quality assurance and account­ those who perform community service. The ability, and (3) personal ethics and honesty. Lord is called upon to reheve them of hard­ Its source is normative talmudic writ and ship and "pay their reward"—^perhaps for commentary, along with later rabbinic com­ the abundant hardships they encounter in pendia, correspondence, and quasi-judicial fiilfilling their mission and also as recogni­ mlings. Emphasis is placed upon norma­ tion that renumeration for their efforts is tive values and judgments, i.e., halakha and rarely adequate to the task. p 'sak, rather than homily and moral dis­ Given its importance, the tradition goes course (aggadah and d 'rush) to help capture to some length in detailing and structuring a sense of practice and application. the role of those who embody this public tmst as employees of the Jewish commu­ Two caveats, by way of preface. First, nity. The Talmud and its interpreters pro­ early Jewish texts generally presumed an in­ vide us with discussions of propriety, com­ dependent Jewish nation, living on its own petence, and discretion in communal ser­ land with its own public and administrative vice, discussions that were later codified cadres. Historically, however, this status and expanded to meet the needs of succeed­ evolved all too soon into vassal or provin­ ing Jewish communities. In some ways, cial status during the early talmudic period, Jewish communal workers were held to then toward the pre-eminence of Diaspora higher standards of competence and per­ life in Babylonia and the Near East, and sonal conduct than were those in the private later to the emergence of largely autono­ sector. Yet, there was an appreciation for mous Jewish communities in Christian Eu­ their vulnerability, and they were extended rope and the Arab world. a degree of safety and protection otherwise Consequently, arbiters of the tradition, unknown in workplace relationships. those empowered to interpret its sources, of­ ten were required to infer and extrapolate from references and precedents more at­ This paper is dedicated to the blessed memory of my tuned to general government service. They beloved mother, Mrs. Chana Schnall. An earlier adduced principles of leadership and com­ version was presented at the Third Annual Herbert Schiff Lecture in Management and Administration munal employment from biblical and (Yeshiva University and the Wiener Center of UJA- talmudic discussions regarding the Israelite Federation, July 19, 1994). King or the High Priest, institutions that 315 Journal of Jewish Communal Service / 316 had long since passed from the scene. tion of authority in Israel urdess he has of­ Similarly, rulings about job security were fended" (Maimonides, Klei Mikdash, 4:21; inferred from texts dealing with battlefield also Teshuvot, Item 111). commissions and hereditary peerage. It is The reference is of interest on several from this mix of historical experience and grounds. It suggests that there is some sa­ contemporaneous petition that something cred quality in service to the pubtic, analo­ peculiarly Jewish emerges. Notably, these gous to the priesthood. Indeed the Hebrew sources have taken new life with the advent term "Kohen" (priest) literally means one ofthe State of Israel and the renaissance of who serves. Maimonides seems to be postu­ a Jewish national entity. lating an early tenure provision for those in Second, Jewish texts frequently do not a position of authority, absent malfeasance, recognize the disciplinary boundaries ap- based on a code of holiness at the core of pHed to contemporary communal service. communal service. Their assessments consider those who col­ Others concurred, but with different rea­ lect charity, provide social service, care for sons. One sage suggests that absent brazen the infirm, operate communal institutions, public malfeasance, communal employees and organize responses to such public are not subject to removal for fear that they policy concerns as hostage release or refii­ may turn hostile and sin from anger or envy gee aid. However, they also include reli­ (]^3s\a, Menahot, 109b). However, most gious fiinctionaries (rabbis, cantors, and the saw this provision in another light. Rather like), public health workers, teachers, and than the priesthood of ancient Israel, they public sector employees in such areas as sought precedent in a talmudic passage re­ food service or landscaping. The modern garding established tradition. category of "communal service" is clearly The "pathways of peace" (i.e., personal covered by these provisions, but other pro­ sensitivity or social ethics) demand that, if a fessions are included as well. Although this particular household was customarily the article focuses on the equivalent of contem­ storage place for various ritual objects, the porary communal service, any study of clas­ site should not be changed, lest suspicion be sic Jewish texts must also refer to related raised about its members (Tosafot, Gittin, professions and trades that share the public 60b). With this as a base, similar concern trust by virtue of their locus of employment. was expressed for the reputation of commu­ nal workers. Removal without cause, espe­ JOB SECURTTV AND THE RIGHT TO cially if no term of employment had been ORGANIZE stipulated, might raise suspicion about their competence or their integrity. Therefore, Classic Jewish sources sought to provide uiUess malfeasance was proven, their em­ protection and security for communal em­ ployment should continue indefiiutely (Ben- ployees who fiilfiUed their responsibilities Adret, 5:283; Caro, Orach Chaim, Item 53; competently. In several variant references, Ishbili,MflA:A:on3a). the Talmud relates (e.g., Yoma 12b, 73a) Removing the sanctity of service as a that among the priestly leaders of ancient prop for job security opened the door to Israel there were awarded temporary or variations of local custom, however. Thus, emergency commissions that might expire in time. Once so commissioned, however, In our age, it is the custom to appoint people that individual would retain many preroga­ over the pubhc need for a time, and when tives of office and honor due the appoint­ that time has elapsed these leave and others ment because "we increase from a position enter in their place...\^4lether they receive of authority and do not reduce to a lower salary or they do not, and even if no term was authority, for holiness is upgraded and not set for them...Since the custom is to change, lowered. We never remove one from a posi­ [concem for] suspicion has disappeared. The SUMMER 1995 Jewish Communal Employment in Classic Jewish Thought / 317 pure for generations have borne the pubhc {Sifrei, Deuteronomy 162; Maimoiudes burden and then have left and others replaced Shoftim \ J; Klei Mikdash 4:20). them (Ben-Adret, 5:283). The principle is qualified by the appointee's character and competence, the It is noteworthy that this ruling makes no former given precedence on the assumption distinction between volunteers and profes­ that competence can be learned but charac­ sionals. All are expected to vacate their po­ ter cannot. In addition, community sensi- sitions upon completion of their term or by bitities and long-established custom may some other formal arrangement. Later mitigate a specific appointment (Ketubot, thinkers confirmed this ruling, especially in 103b; Caro, Kesef Mishneh:Klei Mikdash, regard to civil rather than reUgious commu­ 4:20; Ben-Adret, I, Item 300; Isserlies, nal appointments (Caro, Orach Haim, Yoreh Deah, 245:22). Succession was later 53:26; Elijah, 53:26; Epstein, 53:26). expanded beyond posthumous inheritance. Nevertheless, there remains strong senti­ Children were appointed during the lifetime ment among contemporary religious au­ of a parent to assist in cases of illness or ad­ thorities in support of tenure benefits for vanced age and to assume fixll responsibility Jewish communal workers. Even if their in cases of incapacity (Isserlies, Orach term of employment has expired, they Haim 53:25; Kagan, 53:83-84). should not be dismissed, absent cause. In Finally, Jewish tradition does not differ­ addition to the precedent described above, entiate between public and private employ­ support is marshalled from a broad concem ees in regard to their right to organize or for equity, the financial well-being ofthe bargain collectively. Indeed, the Talmud employee, and a general sense that contracts provides details of an early equivalent to a of service are normally renewed (e.g., Fein­ strike among community servants over is­ stein, Item 77; Kagan, 53:86). sues of ritual responsibility {Yoma 38a, Tenure provisions may be relaxed, how­ Shekalim, 14a, Tosefta Yoma, 2:5). ever, if (1) the demand for service no longer Priests ofthe House of Garmu, charged exists, (2) the employee clearly waived the with baking the "shewbread" for the Holy right to tenure, (3) he or she is a front-line Temple in Jemsalem, refixsed a request to worker of littie authority, or (4) the employ­ train others in their delicate craft.
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