ethics of public service (etika)

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More efficient the operations of those executive agencies charged with carrying out the decrees of the legislature. But not all the early writers fully concurred with the preoccupation with administrative efficiency, Marshall dimock, for example, argued that efficiency is “coldly calculating and inhuman,” where “succesful administration is warm and vibrant. It is human” (Dimock, 1936,p.120). Dimock, as well as others, held that a more sensitive understanding of management was especially required in the public sector where objectives were less easily measured and where service to the public was what really counted. Most important was the question as to whether an agency that concentrated all its energies on efficiency could be fully responsive to the needs of citizens and to other principles such as equity and justice. Efficiency vesus Responsiveness: A Case Study As those in public administration have wrestled with the issues of politics and administration and democracy and bureaucracy, public managers have begun to experience day-to-day problems more often in terms of efficiency versus responsiveness. On the one hand, there is the hope that public organizations will operate as efficiently as possible, getting things done quickly and with the least cost to taxpayers. On the other hand, public managers must be constantly attentive to the demands of the citizenry, whether the demands are expressed through the chief executive, through the legislature, or directly. The following case study, based on a real- life situation, shows a practical and contemporary expression of this difficulty. John Taylor and Carol Langley worked for a local community development agency. Following a rather massive reorganization of the agency in which a number of new programs were taken on, John was asked to supervise a new housing loan program, and Carol was asked to assist him. The program was designed to provide low-interest loans to help people rehabilitate housing in certain parts of the city. Although John and Carol had experience in related arcas, neither was familiar with this particular program. To make matters worse, seminars to provide help in establishing such programs had been held sme months earlier. John and Carol were simply given a manual and told to begin.

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More efficient the operations of those executive agencies charged with carrying out the decrees of the legislature.But not all the early writers fully concurred with the preoccupation with administrative efficiency, Marshall dimock, for example, argued that efficiency is coldly calculating and inhuman, where succesful administration is warm and vibrant. It is human (Dimock, 1936,p.120). Dimock, as well as others, held that a more sensitive understanding of management was especially required in the public sector where objectives were less easily measured and where service to the public was what really counted. Most important was the question as to whether an agency that concentrated all its energies on efficiency could be fully responsive to the needs of citizens and to other principles such as equity and justice. Efficiency vesus Responsiveness: A Case StudyAs those in public administration have wrestled with the issues of politics and administration and democracy and bureaucracy, public managers have begun to experience day-to-day problems more often in terms of efficiency versus responsiveness. On the one hand, there is the hope that public organizations will operate as efficiently as possible, getting things done quickly and with the least cost to taxpayers. On the other hand, public managers must be constantly attentive to the demands of the citizenry, whether the demands are expressed through the chief executive, through the legislature, or directly. The following case study, based on a real-life situation, shows a practical and contemporary expression of this difficulty.John Taylor and Carol Langley worked for a local community development agency. Following a rather massive reorganization of the agency in which a number of new programs were taken on, John was asked to supervise a new housing loan program, and Carol was asked to assist him. The program was designed to provide low-interest loans to help people rehabilitate housing in certain parts of the city. Although John and Carol had experience in related arcas, neither was familiar with this particular program. To make matters worse, seminars to provide help in establishing such programs had been held sme months earlier. John and Carol were simply given a manual and told to begin. The program involved a number of new activities and took considerable time to set up. For example, it was necessary to train new housing inspectors to coordinate their inspection activities with those provided by the city, and relationships had to be estabilished with the many agencies that would provide information about the applicants being processed.John soon began receiving considerable pressure to complete the processing of the first group of applications within a brief period. For one thing, the first groups of applicants consisted of some forty persons who had originally applied for other programs but had been turned down. Since their applications had been on file in the agency for as long as a year, they were quite anxious to have their applications processed quickly. Initial visits and phone calls from several of the applicants made John quite aware of their feelings. John was also aware, hovewer, that this particular loan program would have significant impact on the community and that, consequently, his doing an efficient job under these difficult circumstances would be important to the agency and in turn important to his own future in goverment service. Carol recognized the needs to do the work as quickly as possible, but she also felt a special obligation to the applicants themselves. She took seriously the directors comment that the agency could use this oppoetunity to help educate the applicants about the procedures involved in such projects. She felt that it was important to check periodically on the inspections, cost estimates, loan amounts, financial information, and terms and conditions of the loans. Unlike John, who spent most of his time in the office, she talked frequently with the applicants, many of whom she know personally from her previous position in the agency. For each applicant, John and Carol were to accumulate a complete file of information about financial status and what kind of rehabilitation project the applicant hand in mind. This file was to be sent to and signed by the applicant, then forwarded to the federal regional office of HUD for its action on the loan. John felt the process could be completed more quickly if Carol would simply get the applicants to sign a blank set of forms that could be kept at the office. When information was received regarding a loan, the appropriate items could be entered on the signed forms, bypassing the time involved in reviewing each form with the applicant. Also, this procedure would eliminate the often lengrhy process of coordinating several office visits to discuss the material. When John asked Carol to obtain the signed forms, she refused. Not only was she concerned that the applicants see and understand the materials before signing, she was afraid that getting people to sign blank forms might be illegal. When she talked with Johns supervisor about the request, she was told that the procedure was not illegal and had even been used before by persons in the regional office. Although this case presents several different issues, most students who review it focus pm the different interpretations that John and Carol have of their work. At first glance, John appears to be interested solely in doing things efficiently, while Carol appears to be much more concerned with responding to the needs of the client group. The case appears to be a classic illustration of the tension between efficiency and responsiveness; but, at a deeper level, it also illustrates how complex the issues really are. You might say, for example, that John was trying to be efficient in response to the demands of those clients who had been waiting for their loans to be processed. You might also say that Carol, through her educational efforts, was helping to assure a more efficient long term operation. The main point, of course, is that, in public organizations, you may quite frequently encounter difficultles on reconciling efficiency and responsiveness. A key to resolving the ethical questions in situations such as John and Carol faced is first to understand the various moral values represented on each side of the equation, and second, to engage in ethical deliberation (and perhaps dialogue) to arrive at a proper approach to the problem. Interestingly enough, in ths particular case, the real-life characters represented by John and Carol got together and talked through the differences in their respective approaches. The result was a course of action they both agreed upon, which they felt met their obligations to the both efficient and responsive. In the real world, dialogue sometimes works.The Limits of Administrative DiscretionTwo other questions are closely related to the efficiency responsiveness issues: the limits of administrative discretion and avenues for public participation in administrative decision making. We have noted that administrators take their primary cues from the actions of legislatures that initiate programs and from executives who are charged with carrying out the programs. If you are hired to manage a new agency, one of your first priorities will be to familiarize yourself with the legislation that created the agency and with any executive orders or other directives outlining the agencys responsibilities. But if your situation is typical, you will find that neither the legislation nor the directions you receive from the executive are sufficiently detailed to answer all the questions your work raises. There will be a need to develop policies regarding these issues; policies that are, in effect, merely more detailed pieces of legislation. In addition, as you get into the work, you masy find it necessary to ask the legislature or the chief executive to make certain changes in the rules and regulations under which you operate. The problem, of course, is to make sure that your policies or recommendations for change are consistent with the wished of the citizenry. In most jurisdictions, of course, the legislature and the chief executive are popularly elected, and their reelection depends on their response to the publics perseived needs and interests. For them, the electoral process assures responsiveness, at least in theory. As long as you are acting in a way that is clearly consistent with legislative intent, you are likely to be considered appropriately responsive. But because most situations arent that clear, the question becomes, How can we assure that the administrator is exercising discretion in a way consistent with the will of the people, whether expressed in the Constitution, the laws of the land, or the preferences of citizens? Historically, two answers have been posed to this question. In an important debate in the pages of the Public Administration Review and other journals some forty years ago, Herman Finer argued that, to maintain responsiveness to the public, managers in public organizations should be subjected to strict and rigid control by the legislature. His question was straightforward (though perhaps overdrawn): Are the servants of the public to decide their own course, or is their course of action to be decided by a body outside themselves? (Finer, 1972,p.328). His answer was equally direct: only through specific and detailed legislation carefully limiting the work of public managers could responsiveness to the legislature be maintained. This interpretation of how to assure responsiveness is often called objective responsibility, depending as it does on objective external controls. Carl Friedrich, on the other hand, argued that the increasing complexity of modern society made such detailed legislation difficult, if not impossible; consequently, Friedrich felt that the administrators own concern for the public administration. These schools take quite seriously the need to expose students to the ethical issues they may encounter in public organizations and to ways these issues might be resolved. This way of assuring responsiveness is often called subjective responsibility, depending as it does on the subjective nature of the individual. One approach to assuring responsiveness that cuts across the objective/ subjective distinction is representative bureaucracy- the idea that public agencies whose employees reflect certain demographic characteristics of the population as a whole are likely to operate more in line with the policy preferences of the general citizenry. According to this view, an agency with a substantial number of women or minority employees is more likely to take into account the views of woman and minorities in the population than would an agency of white males. Experience with representative bureaucracy has produced mixed results. Whereas we might indeed expect greater responsiveness with respect ot race and gender in the example, there is no reason to think that such an agency would be more or less representative on other types of issues. Moreover, there is no real assurance that a person from one particular group would necessarily or always reflect that groups policy preferences. Those preferences might well be displaced by the professional or bureaucratic norms that person adopts. Avenues for Public ParticipationAnother way to assure that public managers and employees act in a way consistent with the desires of the public is to involve citizens directly in the decision-making process, through membership on advisory boards, open hearings, or direct polling. Such techniques which have now become widespread, took their initial impetus from passage of the Economic Opportunity Act of 1964, legislation that required the maximum feasible participation of the poor in the design and conduct of anti poverty programs. In this case, the question of involvement itself became quite an issue, especially as the representatives of the poor came into direct confrontation with those holding established positions of power in local communities. The movement toward widespread citizen participation was soon well-established, however, and spread quickly to local school boards, universities, and a variety of other government agencies. Today, for example, the practice of holding hearings prior to administrative decisions is common place at all levels of goverment.There are questions of course, as to whether real power is transferred to the citizens or whether citizen involvement is merely a device for defusing protests. Some use the term cooptation to describe situations in which citizens are given the feeling of involvement but little real power. On balance, it is probably accurate to say that there are some cases in which citizens have been coopted through involvement in advisory boards or even public hearings, but in most cases, administrators are truly interested in receiving input from the public that will help them make difficult decisions. The complexities of public involvement in administrative decision making are illustrated in the following case, actually a continuation of one we encountered in chapter 2. As we learned, the Clean Air Act required EPA to set national emissions standarts for hazardous air pollutants to protect the public health. But no definition was given as to what would be considered an ample margin of safety.The issue received national attention in 1983 when EPA was trying to decide what, if anything, should be done about inorganic arsenic, a cancer-causing pollutant produced when arsenic-content ore is smelted into copper. The problem was particularly serious in the area around Tacoma, Washington, where the American Smelting and Refining Company (ASARCO) operated a copper smelter. The EPA had concluded that, in the absence of any controls on ASARCOs arsenic emission, approximately four new cases of lung cancer would be contracted each year in the Tacoma area. Even after installation of the best available pollution-control equipment, there would still be one new case of cancer per year. But there was an important consideration on the other side of the issues as well. If the EPA were to impose any more onerous conditions on ASARCO- requiring, for example, that it use ore containing less arsenic or install a new and far more expensive electric smelter- the company could not afford to continue to operate the plant. ASARCO employed 570 workers, with an annual payroll of approximately $23 million; the company bought an additional $12 million worth of goods from local suppliers. Closing the plant therefore would pose serious economic problems for the local economy. William Ruckelshaus, then Administrator of the EPA, decided that the citizens of the Tacoma area ought to wrestle with the problem. Accordingly, Ruckelshaus flew to Tacoma to announce a series of three public workshops to be held during the summer of 1983. The purpose was to acquaint residents with the details of the pollution problem, help them prepare for subsequent formal hearings, an enable them to deliberate about what should be done. Some questions concerned technical matters, like the reliability of the proposed control equipment and the risk figures and epidemiological studies on which the EPA had based its estimates. Other questions revealed the indequacy of the EPAs explanation of the relative health risk posed by the smelter; One resident asked whether that risk was greater than the risk posed by auto emissions. Residents were not solely concerned, however, with the factual basis for the agencys claims. Several residents wanted to discuss the effects of the arsenic emissions on their gardens, their animals, and on the overall quality of life. Several residents expressed hostility toward the EPA for involving them in this difficult decision making in the first place. These issues are very complex and the public is not sophisticated enough to make these decisions. This is not to say that EPA doesnt have an obligation to inform the public, but information is one thing- defaulting its legal mandate is another. These numerous workshops, together with the national attention that Ruckhelshaus had deliberately drawn to them by traveling to Tacoma to announce them, created considerable and often unfavorable press coverage. In an editorial on July 16, 1983. Entitle Mr.Ruckelshaus a Caesar, the New York Times argued that Mr. Ruckelshaus has it all upside down... What is inexcusable is for him to impose such an impossible choice on Tacomans. An article in the Los Angeles Times pointed out the difficulties in taking a communitys pulse ... (Should one) poll the community .. (or) count the pros and cons at the massive hearing? Ruckelshaus was not surprised by the controversy. He said. Listen I know people dont like these kinds of decisions... (W)elcome to the world of regulation. People have demanded to be involved and now I have involved them, and they say Dont ask that question. Whats the alternative? Dont involver them? Then you are accused of doing someting nefarious (Reich,1985).The outcame of the case is anticlimactic: before the EPA promulgated its regulations, declining copper prices led to the closing of the ASARCO smelter anyway. The case does, however, point out some of the difficulties in designing adequate programs for public participation. Certainly there is every reason to think that Secretary Ruckelshaus really wanted to test the pulse of the citizens before making regulations. But his attempt was met not only with ambivalence, as is often the case, but with respect to what to do. The ethical issues posed by the requirements of administrative responsinbility are indeed complex. The Ethics of PrivatizationWe noted in chapter 3 the increasing involvement of private an non profit organizations in the delivery of public programs. Especially as governments have contracted for or otherwise sought to privatize services, private and nonprofit organizations have become major provider of public services. But, as we also saw, transfer of responsibility may raise significant ethical questions regarding equity and accountability. The government might find it necessary or expedient to contract out for garbage collection, for example but neither necessity nor cost savings would justify allowing contractors to the engage in discrimination or other unethical practicesThe issue is particularly critical for private sector providers, who could have a tendency to maximize profits even at the sacrifice of some other public value. A private organization might be tempted to provide either more services than necessary for clients (to increase payments and therefore revenues) or less services than necessary (to cut costs). Actions such as these, clearly motivated by concern for profit, are less likely to occur in service delivery by nonprofit organizations, simply by virtue of their service ethos, but even they require mechanisms to assure equity and accountabiity (Rubin,1990).In any privatization arrangement, the governments responsibility is not only to assure quality and cost consistent with stewardship of public resources, but also to promote things because we must adhere to laws or organizational standards of conduct. For example, you may obey an order from a superior so that you wont be fired, or you may purchase a new piece of equipment through a bidding process rather than form a friend because thats the law. But you will also encounter cases that will require you to think much more carefully and much more personally about the standards you are willing to live by. For example, purchasing a piece of equipment might be complicated by the fact that your supervisor ordered you to purchase the equipment from a friend without other bids. In cases such as these, postconventional or principled reasoning may be essential. Certainly if you recognize that not all the answers can come from the power on expectations of others and that careful deliberation concerning moral principles is often quite appropriate, you wil be better positioned to make the correct ethical decisions, time after time. Moral action, knowing the proper and correct course of action is not enough. You must indeed act in a way that is consistent with what you consider to be right. (After all, we describe people as having integrity not merely on the basis of what they believe, but on the basis of how they act). This concern is especially significant for a public manager (or, for the matter, any other professional) who wishes to act ethically. Questions of ethics in the public service are not abstract; they are real. And they have immediate and sometimes serious human consequences. It is thus imports it to consider how we ca assure moral actions in public organizations.A long philosophical tradition holds that putting principles (whether utilitarian, deontological, or otherwise) into action requires the development of character on the part of the individual. In other word, it is necessary to apply a complex set of general principles to spesific cases- something that requires more than abstract knowledge. Aristotle spoke of the importance of gaining practical wisdom so as to make morally correct judgments in specific situations. This practical wisdom or virtuerequires that the individual nt simply know how to apply given principles, but rather why to do so. That is, to bring moral knowledge to bear in the real world, the individual needs a strong sense of what is ideal in human conduct.This ethics of virtue, then, is not merely another philosophical approach but a way of developing the skills one brings to the problem of ethical decision making. Aristotle speaks of developing the skills of virtue in the same way we develop other skills, that is, by practice: The virtues we get first by exercising them... for the things we have to learn before we can do them, we learn by doing them... we become just by doing just acts, temperate by doing temperate acts, brave by doing brave acts (McKeon,1941,p/952).But what are the virtues that we must practice? Obviously, this question has challenged philosophers over the centuries. Answers range from honesty, courage, and trustworthiness to kindness, fairness, and dependability, but most seem to center around concerns for benevolence and justice. If this is the case, then all persons should practice these virtues, while members of spesific professions (such as public administrators) should practice applications of these virtues in their spesific situations (Tong, 1986, p 91-92).How, then, does one sort out the various philosophical and psychological approaches one might employ to make ethical choices in the real world? First, if you set about solving difficult moral problems through the application of broad moral principle in