agencies. learning objectives: bureaucracy defining bureaucracy historical development of the...

AgenciesAgencies

Learning Objectives: Learning Objectives: BureaucracyBureaucracy Defining Bureaucracy Historical Development of the Bureaucracy Politics vs. Administration The President is not their boss… Political Control of the Bureaucracy Departments, Agencies, and Government

Corporations How the Texas “fractured” Executive impacts the

state bureaucracy

Key Terms: BureaucracyKey Terms: Bureaucracy

Spoils System Merit Bureaucrats Whig Theory Garfield Assassination Civil Service Pendleton Act of 1883 Politics-Administration Dichotomy Devolution Privatization Glass Ceiling Cabinet Departments Independent Agencies Adjudication Administrative Discretion

•Hatch Act 1937

•Administrative Procedures Act 1947

•Neutral Competence

•Reinventing Government

•Quasi-Judicial Power

•Regulatory/Policing Power

•Civil Service Reform Act 1978

•Senior Executive Service (SES)

•Office of Personnel Management

•Collective Bargaining

•Affirmative Action

•Independent Regulatory Agencies

•Government Corporations

•Rule-Making

The BureaucracyThe Bureaucracy

What is Bureaucracy?What is Bureaucracy? A complex, hierarchically arranged A complex, hierarchically arranged

organization composed of many small organization composed of many small subdivisions with specialized functionssubdivisions with specialized functions

Bureaucracy means “rule by officialdom”Bureaucracy means “rule by officialdom” Bureaucracy is complexBureaucracy is complex Bureaucracy is hierarchicalBureaucracy is hierarchical


Five Functions of BureaucratsFive Functions of Bureaucrats Implement the law Implement the law Provide expertiseProvide expertise Provide research and information to the Provide research and information to the

President President Provide research and information to CongressProvide research and information to Congress Quasi-judicial powers and responsibilitiesQuasi-judicial powers and responsibilities


A few myths about BureaucratsA few myths about Bureaucrats They’re appointed by the President and can be They’re appointed by the President and can be

fired by the President fired by the President Only about 9,000 out of 3,000,000 civilians Only about 9,000 out of 3,000,000 civilians

employees of the Federal Government are employees of the Federal Government are appointed by the presidentappointed by the president

Of those, only about 3,000 – 5,000 could Of those, only about 3,000 – 5,000 could conceivably be fired by the President (unless conceivably be fired by the President (unless they massively violate the conditions of they massively violate the conditions of employment – PATCO strike of August 1981)employment – PATCO strike of August 1981)


A few more myths about BureaucratsA few more myths about Bureaucrats… … They’re paper-pushers They’re paper-pushers

Only about a half million government employees have Only about a half million government employees have characteristically bureaucratic positions such as clerk or characteristically bureaucratic positions such as clerk or general administrator general administrator

The government employs about 147,00 engineers and The government employs about 147,00 engineers and architects, 84,000 scientists, and 2,400 veterinarians architects, 84,000 scientists, and 2,400 veterinarians

They work in Washington DCThey work in Washington DC Only about 10% of government civilian employees work in Only about 10% of government civilian employees work in

Washington D.CWashington D.C Most work in the federal governmentMost work in the federal government

About 22% of government employees work for the federal About 22% of government employees work for the federal governmentgovernment


History of the BureaucracyHistory of the Bureaucracy The Whig Theory (1780s – 1828)The Whig Theory (1780s – 1828)

The idea that public service was domain of an elite The idea that public service was domain of an elite class.class.

Families had a tradition of public service.Families had a tradition of public service. The Spoils System (1828 – 1883)The Spoils System (1828 – 1883)

Andrew Jackson used government jobs or Andrew Jackson used government jobs or “patronage” to reward supporters and to remove “patronage” to reward supporters and to remove elitists from the bureaucracyelitists from the bureaucracy


History of the BureaucracyHistory of the Bureaucracy The Civil Service System (1883 – Present)The Civil Service System (1883 – Present)

Garfield’s Assassination 1881Garfield’s Assassination 1881 The Pendleton Act (Civil Service Reform Act of 1883) The Pendleton Act (Civil Service Reform Act of 1883)

established the principle of employment on the basis of established the principle of employment on the basis of merit and created the Civil Service System to oversee merit and created the Civil Service System to oversee the hiring and firing of government employees the hiring and firing of government employees

Professor Max Weber’s ideas (1870s)Professor Max Weber’s ideas (1870s) Professor Woodrow Wilson’s ideas (1880s)Professor Woodrow Wilson’s ideas (1880s) The Progressive Era and Bureaucratic ReformThe Progressive Era and Bureaucratic Reform Calls for “neutral” competence and expertiseCalls for “neutral” competence and expertise


History of the BureaucracyHistory of the BureaucracyThe Civil Service System (1883 – Present)The Civil Service System (1883 – Present)

New Deal reformsNew Deal reforms The federal bureaucracy grew tremendouslyThe federal bureaucracy grew tremendously FDR and political control issuesFDR and political control issues Hatch Act of 1937Hatch Act of 1937

Post WWII and beyondPost WWII and beyond The need for technological expertiseThe need for technological expertise The need for controlThe need for control The “thickening” of governmentThe “thickening” of government


History of the BureaucracyHistory of the Bureaucracy The Civil Service System (1883 – Present)The Civil Service System (1883 – Present) Civil Service Reform Act of 1978 Civil Service Reform Act of 1978

Jimmy Carter’s “Greatest Domestic Policy Achievement”Jimmy Carter’s “Greatest Domestic Policy Achievement” Created the Office of Personnel ManagementCreated the Office of Personnel Management Revised and expanded the Grade (“GS”) systemRevised and expanded the Grade (“GS”) system Created the Senior Executive ServiceCreated the Senior Executive Service


Issues for bureaucracy today:Issues for bureaucracy today: Diversity and ”Glass Ceiling” IssuesDiversity and ”Glass Ceiling” Issues Technological CompetenceTechnological Competence PrivatizationPrivatization ““Devolution”Devolution” ““Re-inventing Government”Re-inventing Government”


Which branch controls the bureaucracy? Which branch controls the bureaucracy? The Executive branch with chief executive?The Executive branch with chief executive? The Legislative branch with the budget?The Legislative branch with the budget? The Judicial branch with the judges/justices that The Judicial branch with the judges/justices that

interpret the Constitution?interpret the Constitution?

Answer: All and None…Answer: All and None…


Political Control of the BureaucracyPolitical Control of the Bureaucracy Congressional mechanismsCongressional mechanisms

Power of the pursePower of the purse Revision of empowering or limiting statutesRevision of empowering or limiting statutes Senate approval of certain appointeesSenate approval of certain appointees Threats of hearings and investigationsThreats of hearings and investigations The power to create or destroy agenciesThe power to create or destroy agencies

Presidential mechanismsPresidential mechanisms Appointment powerAppointment power Budget proposalBudget proposal Reorganization of bureaucratic structureReorganization of bureaucratic structure Executive ordersExecutive orders

Judicial mechanismsJudicial mechanisms Judicial ReviewJudicial Review


The Shape of the Federal The Shape of the Federal BureaucracyBureaucracy

Cabinet Departments Cabinet Departments Independent AgenciesIndependent Agencies Independent Regulatory Agencies/CommissionsIndependent Regulatory Agencies/Commissions Government CorporationsGovernment Corporations

Major operating departments of governmentMajor operating departments of governmentheaded by the “Secretary of...” except Justice, headed by the “Secretary of...” except Justice, which is headed by the Attorney Generalwhich is headed by the Attorney General

The BureaucracyThe Bureaucracy The Executive Branch Departments in order of creation:The Executive Branch Departments in order of creation:

• State (1789)State (1789)• Defense (1789)Defense (1789)• Treasury (1789) Treasury (1789) • Justice (1789)Justice (1789)• Interior (1849)Interior (1849)• Agriculture (1862)Agriculture (1862)• Commerce (1913)Commerce (1913)• Labor (1913)Labor (1913)• Health & Human Services (1953)Health & Human Services (1953)• Housing and Urban Development (1965)Housing and Urban Development (1965)• Transportation (1966)Transportation (1966)• Energy (1977)Energy (1977)• Education (1979)Education (1979)• Veterans’ Affairs (1988)Veterans’ Affairs (1988)• Homeland Security (2002)Homeland Security (2002)


Independent AgenciesIndependent Agencies Administered by a presidential appointee with no fixed Administered by a presidential appointee with no fixed

termterm Responsible for narrower set of functions than Responsible for narrower set of functions than

departmentdepartment Some are housed in departmentsSome are housed in departments

Social Security Administration is part of HHS, Coast Social Security Administration is part of HHS, Coast Guard is part of TransportationGuard is part of Transportation

Others are independent of any departmentOthers are independent of any department Examples include The Central Intelligence Agency Examples include The Central Intelligence Agency

(CIA) and the National Aeronautics and Space (CIA) and the National Aeronautics and Space Administration (NASA)Administration (NASA)


Independent Regulatory Agencies Independent Regulatory Agencies and Commissionsand Commissions

Independent of any department or agencyIndependent of any department or agency Each headed by a group of 5 - 10 Each headed by a group of 5 - 10

commissioners who are appointed by president commissioners who are appointed by president to fixed terms and not subject to removal by to fixed terms and not subject to removal by presidentpresident

Example include the Securities and Exchange Example include the Securities and Exchange Commission (SEC) and Federal Communication Commission (SEC) and Federal Communication Commission (FCC)Commission (FCC)


What Government Agencies and What Government Agencies and Commissions Do:Commissions Do: Agency investigationsAgency investigations Rule makingRule making AdjudicationAdjudication Informal actionsInformal actions


Government CorporationsGovernment Corporations Permits organizations to use businesslike Permits organizations to use businesslike

method and remain politically independentmethod and remain politically independent Run by boards of directors appointed by Run by boards of directors appointed by

President to long termsPresident to long terms Examples include the Federal Deposit Examples include the Federal Deposit

Insurance Corporation (FDIC), the Student Insurance Corporation (FDIC), the Student Loan Management Authority (SallieMae) and Loan Management Authority (SallieMae) and the U.S. Postal Service the U.S. Postal Service


Reasons for the growth of Federal Reasons for the growth of Federal BureaucracyBureaucracy We have over 3 million federal bureaucrats paid We have over 3 million federal bureaucrats paid

for by the taxpayersfor by the taxpayers Issues and problems require more expertise today Issues and problems require more expertise today

because society and technology is so complexbecause society and technology is so complex The size of our nation in both geographic size and The size of our nation in both geographic size and

population leads to more bureaucratspopulation leads to more bureaucrats Americans demand more services from their Americans demand more services from their

government, requiring the use of more people to government, requiring the use of more people to provide those government services provide those government services


Bad Things That Bureaucrats Do…Bad Things That Bureaucrats Do… Bureaucracies will try to expand authorityBureaucracies will try to expand authority Bureaucracies will try to develop political Bureaucracies will try to develop political

constituencies constituencies Bureaucracies will fight over jurisdictionBureaucracies will fight over jurisdiction The “spend it or lose it” mentalityThe “spend it or lose it” mentality Bureaucracies will expand their internal workBureaucracies will expand their internal work Bureaucracies will become paternalistic and aloofBureaucracies will become paternalistic and aloof ““The Peter Principle” The Peter Principle” – incompetence always rises to the – incompetence always rises to the

top… top… Who’s to blame when there’s a problem?Who’s to blame when there’s a problem?

Texas BureaucracyTexas Bureaucracy

Appointed Boards and Appointed Boards and CommissionsCommissions

Administrative DepartmentsAdministrative Departments Responsible for implementing policies:Responsible for implementing policies:

Texas Department of Criminal JusticeTexas Department of Criminal JusticeGeneral Land OfficeGeneral Land OfficeTexas Department of AgricultureTexas Department of AgricultureLottery CommissionLottery CommissionTexas Department of TransportationTexas Department of Transportation


Appointed Boards and CommissionsAppointed Boards and Commissions College and University Boards of Regents (e.g., UT, A&M, etc.)College and University Boards of Regents (e.g., UT, A&M, etc.)

Nine members serve six-year overlapping termsNine members serve six-year overlapping terms

Licensing Boards (e.g., Nursing, Cosmetology)Licensing Boards (e.g., Nursing, Cosmetology) Licenses various professionsLicenses various professions

Regulatory Boards (e.g., PUC, TEQC)Regulatory Boards (e.g., PUC, TEQC) Regulates various industriesRegulates various industries Set rules for operations pursuant to lawsSet rules for operations pursuant to laws

Social Service Agencies (e.g., CPS, Texas Employment Social Service Agencies (e.g., CPS, Texas Employment Commission)Commission) Promotion of certain social groupsPromotion of certain social groups

Promotional and Preservation Agencies (e.g., Texas Historical Promotional and Preservation Agencies (e.g., Texas Historical Society)Society) Provides economic development or preserves the state’s historical heritageProvides economic development or preserves the state’s historical heritage


Administrative Politics - The Administrative Politics - The LegislatureLegislature All state agencies that are not established by All state agencies that are not established by

the Constitution are creations of the legislaturethe Constitution are creations of the legislature Sweeping legislative powerSweeping legislative power The difficulty of vigorous oversightThe difficulty of vigorous oversight Oversight mechanismsOversight mechanisms Sunset reviewSunset review Legislative Budget Board Legislative Budget Board

Discussion QuestionsDiscussion Questions

Why was Garfield’s Assassination so important in understanding the reform of the Federal bureaucracy?

What were the political implications of removing bureaucrats from politics? Should we be concerned about the partisan politics of the folks in the Driver’s License office?

What exactly is Reinventing Government? What were the accomplishments of the Vice President Gore’s National Performance Review?

What impact do issues like diversity, affirmative action, and the glass ceiling have on making bureaucracy at all levels reflect the face of America?

Do regulatory agencies have too much power? Consider the curious case of Martha Stewart…


Administrative Politics - The GovernorAdministrative Politics - The Governor Appointment powerAppointment power Far reaching but limitedFar reaching but limited Budget powerBudget power The line-item vetoThe line-item veto

Administrative Politics - Interest GroupsAdministrative Politics - Interest Groups Every program and the agencies that administer them Every program and the agencies that administer them

have several interest groupshave several interest groups Rallying supportRallying support

Administrative Politics – BureaucratsAdministrative Politics – Bureaucrats Bureaucrats have particular goalsBureaucrats have particular goals

Review QuestionsReview Questions

What was the Spoils System? Why was it so detrimental to government?

What was the Pendleton Act? What was the Hatch Act? How do these two acts impact the federal bureaucracy?

What is the difference between a cabinet department, an independent agency, a independent regulatory agency, and a government corporation?

What was the Civil Service Reform Act of 1978? Why Did President Carter think it was so important?

What is Reinventing Government?

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