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Comparative Public Administration

MPA503LECTURE 15

PUBLIC ADMINISTRATION IN THE U.S

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AMERICAN CONSTITUTION(1789)

• OLDEST WRITTEN CONSTITUTION (12PAGES)

• RIGID CONSTITUTION(DIFFICULT TO AMEND

• POSSIBLE ONLY BY 2/3 VOTES OF BOTH HOUSES AND RATIFIED BY ¾ OF STATE LEGISLATURE

• FEDERAL STATE(FIRST & OLDEST)• 50 STATES (RESIDUARY POWER WITH THE

STATE)

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GOVERNMENT

• PRESIDENTIAL SYSTEM• PRESIDENT IS BOTH HEAD OF STATE AND

HEAD OF GOVERNMENT• A REAL CHIEF EXECUTIVE• FOUR YEARS TERM• ELECTED BY ELECTORAL COLLEGE • CABINET AND KITCHEN CABINET• REMOVAL BY IMPEACHMENT• NOT RESPONSIBLE TO CONGRESS

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SEPARATION OF POWERS

• LEGISLATIVECONGRESS ( HOUSE OF Reps + SENATE )• EXECUTIVEPRESIDENT• JUDICIAL• SUPREME COURT + INFERIOR COURTS

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CHECKS AND BALANCESENSURES NO ORGAN OF GOVERNMENT

BECOMES AUTOCRATIC (PARTIAL CONTROL)

• PRESIDENT CAN VETO A BILL PASSED BY CONGRESS

• SENATE CONFIRMS HIGHER APPOINTMENTS• PRESIDENT APPOINTS JUDGES WITH

CONSENT OF SENATE• SUPREME COURT CAN DECLARE ORDERS

OF PRESIDENT AND CONGRESSIONAL LAWS AS ULTRA-VIRES

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CONSTITUTIONAL SUPREMACY• HIGHEST/FUNDAMENTAL LAW OF LAND• LAWS ENACTED BY CONGRESS HAVE TO

BE IN KEEPING WITH THE SPIRIT OF THE CONSTITUTION

• SUPREME COURT CAN EXERCISE POWERS OF JUDICIAL REVIEW AND DECLARE CERTAIN ENACTMENTS AS ULTRA VIRES IF FOUND TO BE AGAINST THE PROVISIONS OF THE CONSTITUTION

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BILL OF RIGHTS• CONSTITUTION INCORPORATES BILL OF

RIGHTS• RIGHTS GUARANTEED TO POPULACE

IMPOSE RESTRICTIONS ON AUTHORITY OF THE GOVERNMENT

• ACCORDING TO BILL OF RIGHTS NO PERSON IS TO BE DEPRIVED OF LIFE,LIBERTY AND PROPERTY WITHOUT DUE PROCESS OF LAW

• SUPREME COURT PROTECTS THESE RIGHTS THROUGH JUDICIAL REVIEW

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BICAMERALISM

• AMERICAN FEDERAL LEGISLATURE COMPRISES OF THE SENATE(UPPER HOUSE) AND HOUSE OF REPRESENTATIVES (LOWER HOUSE)

• SENATE HAS 100 MEMBERS,TWO FROM EACH STATE ELECTED FOR A SIX YEAR TERM AND IS THE MOST POWERFUL CHAMBER

• HOUSE OF REPRESENTATIVES HAS 435 MEMBERS ELECTED FROM SINGLE MEMBER CONSTITUENCIES FOR A TWO YEAR TERM

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ELECTION OF PRESIDENT• INDIRECT(538 MEMBERS)• AN ELECTORAL COLLEGE ELECTED

DIRECTLY BY EACH STATE WITH NUMERS EQUAL TO STRENGTH OF LOWER HOUSE AND SENATE PLUS THREE MEMBERS FROM D.C MAKE UP AN ELECTORAL COLLEGE OF 538 MEMBERS

• IN ORDER TO WIN ELECTIONS OVER 50%(270) VOTES ARE REQUIRED

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QUALIFICATIONS

• NATURAL BORN(NOT NATURILISED) CITIZEN OF US

• SHOULD AT LEAST BE 35 YEARS OF AGE• MUST HAVE BEEN A RESIDENT OF US FOR

AT LEAST 14 YEARS• FIXED TENURE OF FOUR YEARS• CAN ONLY BE ELECTED TWICE• IMPEACHMENT PROCEEDINGS

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POWERS & FUNCTIONS

• HE ENFORCES CONSTITUTION/LAWS/JUDICIAL DECISIONS

• SUPREME COMMANDER OF US FORCES• HE APPOINTS SUPREME COURT JUDGES,

AMBASSADORS/HEADS OF DEPARTMENTS ETC

• HE ASSENTS TO BILLS • HE FORMULATES US FOREIGN POLICY• HE MAKES RULES/REGULATIONS• HE PREPARES AND SUBMITS NATIONAL

BUDGET TO CONGRESS

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OFFICE OF PRESIDENT

IT COMPRISES OF THE FOLLOWING STAFFAGENCIES• THE WHITE HOUSE• OFFICE OF MANAGEMENT AND BUDGET• COUNCIL OF ECONOMIC ADVISORS• THE NATIONAL SECURITY COUNCIL

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OFFICE OF PRESIDENT

• THE OFFICE OF THE US TRADE REPRESENTATIVE

• THE COUNCIL ON ENVIRONMENTAL QUALITY

• THE OFFICE OF SCIENCE AND TECHNOLOGY POLICY

• THE OFFICE OF NATIONAL DRUG CONTROL POLICY

• THE OFFICE OF ADMINISTRATION

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SUMMARY

• WRITTEN CONSTITUTION• PRESIDENTIAL SYSTEM• BICAMERALISM• CHECKS AND BALANCES• BILL OF RIGHTS• THE PRESIDENT

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ORGANISATIONS

• DEPARTMENTS

• PUBLIC CORPORATIONS

• INDEPENDENT REGULATORY COMMISSION

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INDEPENDENT REGULATORY COMMISSIONS

• THE INTER STATE COMMERCE COMMISSION• THE FEDERAL RESRVE BOARD• THE FEDERAL TRADE COMMISSION• THE FEDERAL POWER COMMISSION• THE FEDERAL COMMUNICATIONS

COMMISSION

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INDEPENDENT REGULATORY COMMISSIONS

• THE SECURITIES AND EXCHANGE COMMISSION

• THE NATIONAL LABOR RELATIONS BOARD• THE UNITED STATES MARITIME

COMMISSION• THE CIVIL AERONAUTICS BOARD

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CHARACTERISTICS

• ESTABLISHED OUTSIDE EXECUTIVE DEPARTMENTS (ISLANDS OF AUTONOMY)

• THEY MAKE RULES,IMPLEMENT THEM AND PROSECUTE VIOLATORS (FOURTH BRANCH OF GOVERNMENT)

• THEY ARE MULTIHEADED COMPRISING OF FIVE OR SEVEN EXPERT MEMBERS APPOINTED BY THE PRESIDENT FOR A TERM OF FIVE TO SEVEN YEARS.

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CHARACTERISTICS

• THEY ARE INDEPENDENT OF THE PRESIDENT SINCE THERE FUNCTIONS ARE NON PARTISAN

• THEY ARE CREATED BY CONGRESS WHICH DETERMINES THEIR FUNCTIONS (ARMS OF THE CONGRESS)

• THE MEMBERS OF THE COMMISSION CANNOT BE REMOVED BY THE PRESIDENT

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CHARACTERISTICS

• TERMS OF MEMBERS ARE OVERLAPPING SINCE NOT APPOINTED SIMULTANEOUSLY

• THEIR JURISDICTION IS NATION WIDE• THEIR BUDGETS ARE SUBJECT TO REVIEW

BY THE OFFICE OF MANAGEMENT AND BUDGET (STAFF AGENCY OF THE PRESIDENT)

• THEIR PERSONELL ISSUES ARE CONTROLLED BY OFFICE OF PERSONNEL MANAGEMENT

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CHARACTERISTICS

• THEY ARE SUJECT TO CONGRESS SINCE THEY RECEIVE THEIR ANNUAL APPROPRIATIONS FROM IT,CONGRESS CAN ORDER INVESTIGATIONS IN THEIR WORKING,IT CAN AMEND THEIR CONSTITUTION AND EVEN ABOLISH THEM

• THEIR ACTIONS ARE SUBJECT TO JUDICIAL REVIEW AND CAN BE DECLARED VOID

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AMERICAN CIVIL SERVICEBACKGROUND• US HAS HAD A LONG HISTORY OF THE

PATRONAGE SYSTEM OR THE SPOILS SYSTEM• INITIALLY QUALIFIED PERSONS WERE

APPOINTED BY PRESIDENTS HOWEVER IN THE 1820s PUBLIC OFFICES WERE DOLED OUT AS A REWARD FOR POLITICAL SUPPORT

• THIS SYSTEM RESULTED IN A HIGH DEGREE OF CORRUPTION,INEFFICIENCY AND PARTISANSHIP

• AS A REACTION PUBLIC MOVEMENT FOR REFORMS STARTED

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MERIT SYSTEM

CIVIL SERVICE ACT OF 1883 (ALSO KNOWN AS PENDLETON ACT) WAS PASSED WITH THE FOLLOWING SALIENT FEATURES

• SPOILS SYSTEM WAS PARTIALLY ABOLISHED

• IT ESTABLISHED THE MERIT SYSTEM• ESTABLISHED THE UNITED STATES CIVIL

SERVICE COMMISSION

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MERIT SYSTEM

• STATES/LOCAL GOVERNMENTS WERE NOT COVERED BY MERIT SYSTEM ONLY 10%OF POSITIONS IN CIVIL SERVICE WERE WITHIN THE PURVIEW OF THE COMMISSION

• IN 1940 THE RAMSPECK ACT EXTENDED THE COVERAGE OF MERIT SYSTEM TO 90% OF THE FEDERAL JOBS

• EVEN TODAY ABOUT 10,000 SENIOR CIVIL SERVICE POSITIONS ARE TREATED AS PATRONAGE JOBS

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CENTRAL PERSONNEL AGENCY

• THE US CIVIL SERVICE COMMISION COMPRISING OF THREE COMMISSIONERS REMAINED THE CENTRAL PERSONNEL AGENCY TILL 1978

• THE PERFORMANCE OF THE COMMISSION WAS NOT SATISFACTORY

• THE CIVIL SERVICE REFORM ACT OF 1978 REPLACED IT WITH THREE SEPARATE AND INDEPENDENT ENTITIES

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THREE AGENCIES

OFFICE OF PERSONNEL MANAGEMENT WHICH MANAGES FEDERAL CIVIL SERVICE AND DETERMINES THE DIRECTION OF THE DEVELOPMENT OF THE MERIT SYSTEM BY

• PREPARING PERSONNEL POLICIES RULES AND REGULATIONS

• ADMINISTERING CIVIL SERVICE EXAMINATIONS

• RECRUITING AND PROMOTING CIVIL SERVANTS

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THREE AGENCIES

• DEVELOPMENT AND TRAINING OF EMPLOYEES

• PERSONNEL INVESTIGATIONS• PERSONNEL PROGRAM EVALUATIONS• ADMINISTERING RETIREMENT AND

INSURANCE PROGRAMS• PROVIDING GUIDANCE TO OTHER

PERSONNEL AGENCIES• HEADED BY DIRECTOR APPOINTED BY

PRESIDENT WITH CONSENT OF SENATE FOR FOUR YEARS

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THE MERIT SYSTEM PROTECTION BOARD

IT IS A WATCHDOG AGENCY PROTECTING EMPLOYEES FROM ABUSES AND PROHIBITED PERSONNEL PRACTICES

• DEALS WITH APPEALS OF CIVIL SERVANTS RELATING TO DISCIPLINE,PROMOTIONS, REMOVALS,SUSPENSIONS ETC

• IT HAS AUTHORITY TO ENFORCE ITS DECISIONS AND ORDER DISCIPLINARY

ACTION

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THE MERIT SYSTEM PROTECTION BOARD

• PROVIDES PROTECTION TO WHISTLE-BLOWERS

• COMPRISES OF THREE MEMBERS APPOINTED BY PRESIDENT WITH CONSENT OF STATE FOR A TERM OF SEVEN YEARS

• IT IS BI-PARTISAN• INDEPENDENT OFFICE OF SPECIAL

COUNSEL EXISTS WITHIN THE BOARD

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FEDERAL LABOR RELATIONS AUTHORITY

• IT ADMINISTERS THE FEDERAL SERVICE LABOR MANAGEMENT RELATIONS

• IT CONSISTS OF THREE MEMBERS APPOINTED FOR A TERM OF FIVE YEARS BY THE PRESIDENT WITH THE APPROVAL OF THE SENATE

• OFFICE OF GENERAL COUNSEL(UNFAIR LABOR PRACTICES)

• FEDERAL SERVICE IMPASSE PANEL(PROVIDES ASSISTANCE TO OVERCOME NEGOTIATIONS IMPASSES BETWEEN AGENCIES AND UNIONS

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SUMMARY

• INDEPENDENT REGULATORY COMMISSIONS FOR COMMERCE POWER TRADE COMMMUNICATION ETC

• FEDERAL RESERVE BOARD/SECURITIES AND EXCHANGE COMMISION

• BACKGROUND OF PATRONAGE SYSTEM IN US• DEVELOPMENT OF MERIT SYSTEM IN US• US CIVIL SERVICE COMMISSION TRANSFORMED

INTO OFFICE OF PERSONNEL MANAGEMENT,MERIT SYSTEM PROTECTION BOARD AND FEDERAL LABOR RELATIONS AUTHORITY

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

• ESTABLISHED IN 1978• IT ATTEMPTS TO ELIMINATE

DISRIMINATION ON THE BASIS OF SEX, RACE, RELIGION, COLOUR,NATIONAL ORIGON,DISABILITY OR AGE

• IT CONSISTS OF FIVE MEMBERS APPOINTED BY THE PRESIDENT FOR A TERM OF FIVE YEARS WITH APPROVAL OF THE SENATE

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CLASSIFICATIONPOSITION CLASSIFICATION AS OPPOSED TO

RANK CLASSIFICATIONBASED ON DUTIES,RESPONSIBILITIES AND

QUALIFICATIONS• PROFESSIONAL AND SCIENTIFIC• SUB PROFESSIONAL AND SUB SCIENTIFIC• CLERICAL,ADMINISTRATIVE AND FISCAL• CUSTODIAL• MECHANICAL

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CLASSIFICATION• ACCORDING TO JOBS AND PAY SCALES FEDERAL

PERSONNEL ARE GROUPED INTO 18 GENERAL SCHEDULE GRADES(GS1 TO GS18) AND ARE PART OF THE SENIOR EXECUTIVE SERVICE CREATED IN 1978

• GS16 TO GS 18 ARE TERMED AS SUPERGRADES INVOLVED IN MANAGEMENT FUNCTIONS.THEY ARE EXPERTS IN PROFESSIONAL SPECIALITY AS AGAINST THE PROFESSIONAL AMATEURS OF THE BRITISH ADMINISTRATIVE SYSTEM

• SENIOR EXECUTIVE SERVICE IS A BLEND OF SPECIALISTS AND GENERALISTS OUTSIDE THE REGULAR MERIT SYSTEM COVERING 9000 POLICY MAKING AND EXECUTIVE POSITIONS(EXCEPTED SERVICE)

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RECRUITMENT• THE OPM CONDUCTS CIVIL SERVICE

EXAMINATION FOR FEDERAL JOBS(PRACTICAL)• THERE IS A SYSTEM OF LATERAL ENTRY

WHICH ALLOWS FOR ENTRY AT ALL LEVELS/AGE AND FACILITATES MOVEMENT BETWEEN GOVERNMENT AND PRIVATE ENTERPRISE

• EXAMINATIONS INCLUDE WRITTEN TESTS,ORAL TESTS,PERFORMANCE TESTS AND RANKING TESTS EVALUATING CANDIDATES ON THE BASIS OF EDUCATION, TRAINING AND EXPERIENCE

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RECRUITMENT• THERE ARE TWO TYPES OF EXAMINATIONS• ASSEMBLED: SIMULTANEOUS EXAMS OF

LARGE GROUPS (WRITTEN EXAMS) TO FILL IN POSITIONS OF CLERICAL NATURE

• UNASSEMBLED: SEPARATE INDIVIDUAL TESTING WITHOUT A FORMAL EXAM THIS SELECTION FOR HIGHER POSTS IS BSED ON INTERVIEWS/TESTIMONY

• FEDERAL SERVICE ENTRANCE EXAM AND THE PROFESSIONAL AND ADMINISTRATIVE CAREER EXAM ARE THE TWO MAJOR EXAMS

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RECRUITMENT• THERE ARE NO PRESCRIBED EDUCATIONAL

QUALIFICATIONS• RESIDENTIAL QUALIFICATION HAS TO BE

FULFILLED• CANDIDATES WHO PASS THE EXAM FOR A

PARTICULAR JOB ARE PLACED IN A LIST ACCORDING TO GRADES

• WHEN A VACANCY OCCURS IN A FEDERAL AGENCY IT IS FILLED IN BY APPOINTING OFFICER FROM AMONGST THE FIRST THREE PERSONS ON THE ELIGIBLE LIST FOR THAT JOB

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TRAINING

• PRE-ENTRY TRAINING• INTERNSHIP (ADMINISTRATIVE/PROFESSIONAL

WORK• APPRENTICESHIP (CRAFTS/SKILLS)• OFFICE OF PERSONNEL MANAGEMENT,FEDERAL

AGENCIES, UNIVERSITIES AND SPECIALISED INSTITUTIONS ARE INVOLVED

• MAXWELL SCHOOL OF PUBLIC AFFAIRS(SYRACUSE)/ INSTITUTE OF PUBLIC ADMINISTRATION(MICHIGAN))/SCHOOL OF BUSINESS AND CIVIL ADMINISTRATION (COLUMBIA)

• ITER-AGENCY REIMBURSABLE TRAINING PROGRAMS CONDUCTED BY OPM

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PROMOTIONS

• FOUR TYPES OF EFFICIENCY RATING FOR PROMOTION

• PRODUCTION RECORDS SYSTEM• TRAIT RATING SYSTEM• SUBSTANTIATING REPORTS RATING

SYSTEM• PERSONALITY INVENTORY SYSTEM