Bureaucracy

Learning Objectives: Bureaucracy 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: Bureaucracy 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 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

The Bureaucracy What is Bureaucracy? A complex, hierarchically arranged organization composed of many small subdivisions with specialized functions Bureaucracy means “rule by officialdom” Bureaucracy is complex Bureaucracy is hierarchical

The Bureaucracy Five Functions of Bureaucrats Implement the law Provide expertise Provide research and information to the President Provide research and information to Congress Quasi-judicial powers and responsibilities

The Bureaucracy A few myths about Bureaucrats They’re appointed by the President and can be fired by the President Only about 9,000 out of 3,000,000 civilians employees of the Federal Government are appointed by the president Of those, only about 3,000 – 5,000 could conceivably be fired by the President (unless they massively violate the conditions of employment – PATCO strike of August 1981)

The Bureaucracy A few more myths about Bureaucrats… They’re paper-pushers Only about a half million government employees have characteristically bureaucratic positions such as clerk or general administrator The government employs about 147,00 engineers and architects, 84,000 scientists, and 2,400 veterinarians They work in Washington DC Only about 10% of government civilian employees work in Washington D.C Most work in the federal government About 22% of government employees work for the federal government

The Bureaucracy History of the Bureaucracy The Whig Theory (1780s – 1828) The idea that public service was domain of an elite class. Families had a tradition of public service. The Spoils System (1828 – 1883) Andrew Jackson used government jobs or “patronage” to reward supporters and to remove elitists from the bureaucracy

The Bureaucracy History of the Bureaucracy The Civil Service System (1883 – Present) Garfield’s Assassination 1881 The Pendleton Act (Civil Service Reform Act of 1883) established the principle of employment on the basis of merit and created the Civil Service System to oversee the hiring and firing of government employees Professor Max Weber’s ideas (1870s) Professor Woodrow Wilson’s ideas (1880s) The Progressive Era and Bureaucratic Reform Calls for “neutral” competence and expertise

The Bureaucracy History of the Bureaucracy The Civil Service System (1883 – Present) New Deal reforms The federal bureaucracy grew tremendously FDR and political control issues Hatch Act of 1937 Post WWII and beyond The need for technological expertise The need for control The “thickening” of government

The Bureaucracy History of the Bureaucracy The Civil Service System (1883 – Present) Civil Service Reform Act of 1978 Jimmy Carter’s “Greatest Domestic Policy Achievement” Created the Office of Personnel Management Revised and expanded the Grade (“GS”) system Created the Senior Executive Service

The Bureaucracy Issues for bureaucracy today: Diversity and ”Glass Ceiling” Issues Technological Competence Privatization “Devolution” “Re-inventing Government”

The Bureaucracy Which branch controls the bureaucracy? The Executive branch with chief executive? The Legislative branch with the budget? The Judicial branch with the judges/justices that interpret the Constitution? Answer: All and None…

The Bureaucracy Political Control of the Bureaucracy Congressional mechanisms Power of the purse Revision of empowering or limiting statutes Senate approval of certain appointees Threats of hearings and investigations The power to create or destroy agencies Presidential mechanisms Appointment power Budget proposal Reorganization of bureaucratic structure Executive orders Judicial mechanisms Judicial Review

The Bureaucracy The Shape of the Federal Bureaucracy Cabinet Departments Independent Agencies Independent Regulatory Agencies/Commissions Government Corporations Major operating departments of government headed by the “Secretary of...” except Justice, which is headed by the Attorney General

The Bureaucracy The Executive Branch Departments in order of creation: State (1789) Defense (1789) Treasury (1789) Justice (1789) Interior (1849) Agriculture (1862) Commerce (1913) Labor (1913) Health & Human Services (1953) Housing and Urban Development (1965) Transportation (1966) Energy (1977) Education (1979) Veterans’ Affairs (1988) Homeland Security (2002)

The Bureaucracy Independent Agencies Some are housed in departments Administered by a presidential appointee with no fixed term Responsible for narrower set of functions than department Some are housed in departments Social Security Administration is part of HHS, Coast Guard is part of Transportation Others are independent of any department Examples include The Central Intelligence Agency (CIA) and the National Aeronautics and Space Administration (NASA)

The Bureaucracy Independent Regulatory Agencies and Commissions Independent of any department or agency Each headed by a group of 5 - 10 commissioners who are appointed by president to fixed terms and not subject to removal by president Example include the Securities and Exchange Commission (SEC) and Federal Communication Commission (FCC)

The Bureaucracy What Government Agencies and Commissions Do: Agency investigations Rule making Adjudication Informal actions

The Bureaucracy Government Corporations Permits organizations to use businesslike method and remain politically independent Run by boards of directors appointed by President to long terms Examples include the Federal Deposit Insurance Corporation (FDIC), the Student Loan Management Authority (SallieMae) and the U.S. Postal Service

The Bureaucracy Reasons for the growth of Federal Bureaucracy We have over 3 million federal bureaucrats paid for by the taxpayers Issues and problems require more expertise today because society and technology is so complex The size of our nation in both geographic size and population leads to more bureaucrats Americans demand more services from their government, requiring the use of more people to provide those government services

The Bureaucracy Bad Things That Bureaucrats Do… Bureaucracies will try to expand authority Bureaucracies will try to develop political constituencies Bureaucracies will fight over jurisdiction The “spend it or lose it” mentality Bureaucracies will expand their internal work Bureaucracies will become paternalistic and aloof “The Peter Principle” – incompetence always rises to the top… Who’s to blame when there’s a problem?

Texas Bureaucracy Appointed Boards and Commissions Administrative Departments Responsible for implementing policies: Texas Department of Criminal Justice General Land Office Texas Department of Agriculture Lottery Commission Texas Department of Transportation

Texas Bureaucracy Appointed Boards and Commissions College and University Boards of Regents (e.g., UT, A&M, etc.) Nine members serve six-year overlapping terms Licensing Boards (e.g., Nursing, Cosmetology) Licenses various professions Regulatory Boards (e.g., PUC, TEQC) Regulates various industries Set rules for operations pursuant to laws Social Service Agencies (e.g., CPS, Texas Employment Commission) Promotion of certain social groups Promotional and Preservation Agencies (e.g., Texas Historical Society) Provides economic development or preserves the state’s historical heritage

Texas Bureaucracy Administrative Politics - The Legislature All state agencies that are not established by the Constitution are creations of the legislature Sweeping legislative power The difficulty of vigorous oversight Oversight mechanisms Sunset review Legislative Budget Board 

Texas Bureaucracy Administrative Politics - The Governor Appointment power Far reaching but limited Budget power The line-item veto  Administrative Politics - Interest Groups Every program and the agencies that administer them have several interest groups Rallying support  Administrative Politics – Bureaucrats Bureaucrats have particular goals

Review 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?

Discussion 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…