Public contracting,policy preferences and minority business enterprises

About three years ago a Special Issue of the International Journal of Public Administration focused on the topic “Government Set-Asides, Minority Business Development, and Publi Contracting.”^(l) Much of the discussion in the issue addressed race conscious government set-aside programs in the aftermath of the U.S. Supreme Court decision in City of Richmond v. J. A. Croson Co. ⁽²⁾ The decision declared unconstitutional a local government minority business set-aside provision designed to help minority business enterprises (MBEs) obtain government contracts. At the time, the decision was applicable only to state and local governmental jurisdictions.⁽³⁾ Government set-asides involve the practice of providing minority contractors and subcontracting a certain percentage of a public jurisdiction's contract dollars.

In 1995 the Supreme Court in Adarand v. Pena ⁽⁴⁾ extended the Croson ruling to include set-aside programs in federal agencies. This Special Issues examines and discusses the Adarand decision and the developments that have followed. The first article by Mitchell F. Rice, “Federal Set-Asides Policy and Minority Business Contracting: Understanding the Adarand Decision,” reviews the Adarand decision and discusses the implications of the decision for minority business development. The next article by Audrey L. Mathews and Mitchell F. Rice, “Adarand v. Pena: Turning Challenges Into Opportunities,” uses a case study of two public preference programs to suggest how Adarand requirements may be successfully utilized to maintain set-aside preference programs.

The third article by Shelton Rhodes, “Mirmative Action Review ‘Report’ to the Presidents: Implications of Military Affirmative Actions Programs to Current and New Millennium Affirmative Action Programs,” reviews the Affirmative Action Review: Report to the President which was ordered by President Clinton soon after the Adarand decision. Rhodes considers the implications of the possible applicability of the successes of affirmative action and equal opportunity in the military, which is highlighted in the Report, to other public and private organizations. The final article by Wilbur C., Rich, “Presidents and Minority Set-Aside Policy: Race, Gender and Small Opportunities,” analyzes the impact of presidential leadership on minority set-asides policy and shows how politicians use set-asides to facilitate exchanges and cooperation with the business elites.     

Government set-asides,minority business development,and public contracting: introduction

Race-conscious affirmative action programs have been a part of American life for nearly three decades. Race-conscious set-asides are the latest government programs implemented to alleviate the adverse economic impact of racial discrimination and to foster minority business development. Minority business enterprises (MBEs) have been the specific targets of federal, state, and local government enacted set-aside programs with the principal purpose of overcoming the continuing effects of earlier discrimination. Government set-aside programs may be classified as “hard ball” affirmative action programs because they “provide absolute references to members of designated minority groups.⁽¹⁾     

Adarand v. pena: turning challenges into opportunities

This article provides a historical and legal overview of preference and set-aside programs. Further, the barriers and driving forces that have influenced preference programs are discussed. Finally, the processes, strategies, programs, and criteria employed at the Metropolitan Washington Airport Authority and Port Authority of New York and New Jersey, to meet the test of strict scrutiny in Adarand, will be explored and analyzed as alternatives for preference programs.     

The changing nature of urban affirmative action programs: the search for race-neutral alternatives

In January, 1989, the U.S. Supreme Court cast in doubt the legality of minority set-aside programs. The Court required government set-aside programs to meet a “strict-scrutiny” standard of review and required cities to first explore race-neutral means for increasing minority firm participation prior to utilizing any type of rigid quota system. This paper examines how four cities have reacted quite differently, with some cities continuing old practices, and others developing a mixture of new policies and implementation structures. It is argued that the Supreme Court's decision will have only a minor impact on minority contracting programs, with cities seeking to combine affirmative action contracting programs with those that stress economic development.     

Measuring the impact of set-aside programs on the minority business sector

In addition to remedying discrimination, set-aside programs can play an important role in minority business development. While it is understood that set-aside programs have positive impacts on the minority business sector, the magnitude of these impacts has not been explored. This study is an econometric analysis of the economic impacts within the minority business sector that are attributable to City of Chicago spending with minority-owned firms. Where appropriate, and to better operate as business development tools, set-aside programs should target the emerging lines of minority enterprise, include Target Market Programs, and contain provisions for debundling large contracts.     

Exploring the implementation of solid waste recycling programs

This article explores the implementation of municipal solid waste recycling programs through comparisons of mandatory vs. voluntary programs and privatized vs. in-house programs. It also looks at whether or not the adoption of recycling service fees impact levels of participation. The linkage between the collection mechanism and recycling participation is a pertinent issue because local jurisdictions must respond to tougher state mandates and federal guidelines on environmental standards and waste stream reduction. Evidence presented here suggests that recycling studies should incorporate more characteristics of voluntary programs to better understand compliance variation and methods used to enhance effectiveness.     

Exploring the implementation of solid waste recycling programs

This article explores the implementation of municipal solid waste recycling programs through comparisons of mandatory vs. voluntary programs and privatized vs. in-house programs. It also looks at whether or not the adoption of recycling service fees impact levels of participation. The linkage between the collection mechanism and recycling participation is a pertinent issue because local jurisdictions must respond to tougher state mandates and federal guidelines on environmental standards and waste stream reduction. Evidence presented here suggests that recycling studies should incorporate more characteristics of voluntary programs to better understand compliance variation and methods used to enhance effectiveness.     

Recasting Leadership Reform in Australian Local Government: A Typology from Political Theory

Changes to elected leadership in Australian local government have seen greater authority assigned to mayors in several jurisdictions. A Discussion Paper recently released under the auspices of the Australian Centre for Excellence in Local Government (ACELG) has recommended further reforms, arguing inter alia that mayors ought to enjoy a personal mandate and a stronger strategic role. This paper places these suggested reforms into context by developing a typology of local government leadership from political theory. We argue that this quadrilateral typology provides a critical portrait of recommendations for stronger leadership which, in this instance, have been transposed from two unitary systems of government (England and New Zealand) to the Australian federal system, without due consideration of the literature examining stronger mayoral roles. It is argued that caution should be exercised when redrafting legislation governing mayoral authority, a process presently underway in New South Wales (NSW).     

Modernisation,Managerialism and the Culture Wars: Reshaping the Local Welfare State in England

The story of local government over the last few decades is often summarised in the assertion that there has been a move away from institutional authority embodied in the structures of councils towards more complex networks of local governance, incorporating a range of stakeholders and other agencies, alongside a shift of power from local to central government. But local government has been at the centre of wider processes of restructuring - of attempts to modernise the welfare state, and specifically the local welfare state. Underpinning the changes that have faced local government (and created new forms of governance) has been a series of assumptions about welfare and how it is best delivered. These combine notions of community, neighbourhood, personal responsibility, workfare and partnership with a distrust of 'bureaucracy' and professional power. It is in this context that the 'modernisation' agenda - promising cultural change - has been driven forward, paradoxically combining a rhetoric of decentralisation and empowerment with an increasingly direct involvement by the institutions of central government and a range of other state agencies in the practice of 'local' governance. The emergent arrangements are increasingly characterised by forms of self-regulation as well as more differentiated management from above.     

Governance of Education in the United Kingdom: Convergence or Divergence?

Abstract

This article considers how structures and processes of governance in education have changed in England, Wales, Scotland and Northern Ireland over recent years, setting this discussion within the context of debates about the nature of governance and governing in public services more generally. It is argued, firstly, that governance needs to be considered as a comprehensive concept that encompasses both the role of the state and the range of other actors and processes through which educational provision is steered; and secondly, that governance is essentially about power: its distribution and its use. The article draws on these key ideas to explore the similarities and differences between the experiences of the four constituent jurisdictions of the United Kingdom over recent years. It considers whether the approaches in the jurisdictions are converging or diverging, the reasons underlying this, and prospects for the future. It is concluded that, while national histories and cultures have served to maintain very distinctive governance identities among the jurisdictions, international trends, and the ways in which governments respond to these, are putting these identities under considerable pressure.     

Tortoises and Hares: The Race to Shared Services Across Australian State and Territory Jurisdictions

All tiers of government in Australia have recently aimed at enhancing service provision, with shared service platforms a recent innovation. To date there has been no scholarly inquiry into comparative shared service performance at the Australian state level. This article evaluates the experience of different state jurisdictions in adopting shared service platforms within “Whole of Government” approaches to public sector reform. It demonstrates that those jurisdictions most eager to embrace shared services have created organizations susceptible to particular adverse outcomes and that, far from implementing shared services programs, they may have installed monopoly-provider conditions for a range of back-office functions.     

Counterterrorism Effectiveness to Jihadists in Western Europe and the United States: We Are Losing the War on Terror

A comparative analysis of Islamic extremism post-9/11 to 2015 and the effectiveness of the counterterrorism (CT) authorities to counter it in both Western Europe and the United States was conducted. Four measures of effectiveness revealed that 2010–2015 saw a gradual increase in jihadi attacks and in casualties emanating from these attacks, and more jihadists, foreign fighters, and material supporters. Additionally, 2013–2015 saw a 22 percent reduction both in Western Europe and the U.S. CT agencies' ability to counter Islamic extremism. We are losing the War on Terror and our citizens are less safe than they were six years ago. Further analysis revealed that singleton jihadists: (1) were much harder than group-based jihadists to uncover, (2) have been increasing since 2009, and (3) have generated over 70 percent of all jihadi violence. Finally, numerous similarities exist between Western Europe and the United States with respect to jihadism in their homelands and their respective CT effectiveness, indicating close cross-Atlantic CT collaboration since 9/11. This in-depth analysis provides essential threat/hazard information to security, law enforcement, intelligence, and policymaking personnel and the greater homeland security communities.     

Organizational position and program implementation

Examples of policy implementation success suggest that organizational characteristics are important but policy researchers generally neglect the explicit study of organizational characteristics. Data from a mailed survey are used here to examine two organizational characteristics in one policy area in a single state. The advice of capacitybuilders' (federal and state agencies, municipal associations) about organizing local energy management programs through the appointment of “comprehensive local energy coordinators” is one concern. The other is the importance of the regular organizational position of the parttime community energy coordinators on the “comprehensiveness” of community energy programs.

The research develops a rudimentary methodology for studying program implementation which assesses organizational change by measuring differences among policies based on the dimensions of change embodied in a policy. Also devised are measures of program implementors' attitudes and perceptions in influencing program implementation. The findings demonstrate the usefulness of greater linkages of research across the organizational change and program implementation literatures.     

Political Change and Adaptation in Yorubaland in the Nineteenth Century

This article examines the role played by strongmen in Côte d'Ivoire's post-conflict reconstruction. While many acknowledge the unhindered or even the enhanced political influence these actors often enjoy as a result of their relationship to the state in post-conflict contexts, existing debates in Côte d'Ivoire, as well as elsewhere, often remain couched in terms of the implications of these kinds of relationships. Does working with rural strongmen tied to former insurgencies enhance the authority of the central state? Or do such alliances wither state institutions capable of providing long-term political order in peripheral areas? This article downplays these questions. Instead, it examines the alliances which form between strongmen and other actors amidst conflicts over local authority during post-conflict reconstruction. It suggests that the specific configuration of these alliances matter in determining the utility of allying with local strongmen during war to peace transitions. This article examines these struggles through the case of Morou Ouattara and the local Forces Nouvelles (FN) administration in Bouna, Northeastern Côte d'Ivoire.     

Public needs vs. private loss: land use regulation and property rights

Property rights and government regulation have been the subject of considerable discussion and controversy in recent years. The issue of “takings” has been raised in most of the state legislatures in the 1990s. Congress has considered legislation as well. Supreme Court decisions, in particular the Lucas and the Dolan cases, have focused judicial attention on the issue in recent years. Local elected officials, planners and local government administrators confront the issue increasingly as they attempt to respond to growth pressures and regulate land use. Unfortunately, a great deal the public's perception of property rights is myth or fable. This article addresses the issue of takings by putting it first into historical perspective. Thus, we see that regulation of private property by government is not new. The concern over “regulatory takings” is explored and traced briefly noting the entry of the federal government into the arena of land use regulation. Legislative responses are reviewed and finally the status of judicial consideration of the issue is brought up to date. The article closes with recommendations for those who confront the takings issue. While caution is indeed called for, regulation of private property is still a fact of life in American public administration and will be for some time to come.     

The Quality of Life in English Local Authority Areas

Abstract

Since the enactment of New Labour's sustainable development agenda in 1999, English local authorities have been placed at the helm of a variety of devolved localism initiatives designed to foster sustainable communities that contribute to a high quality of life for existing and future generations. This paper considers the scale of the challenge that confronts local authorities in terms of attaining these outcomes, by drawing attention to their current quality of life situation. The baseline conditions in question are measured by reference to the Audit Commission's local quality of life indicators dataset, which it compiled in 2005 from a range of existing local government performance indicators. The dataset is subjected to k-means clustering and principal components analysis to assess how far English local authorities measure up to Labour's sustainable communities ideal and to highlight the type and degree of quality of life disparity that exists between them. The results from the analysis are used to evaluate the feasibility of Labour's devolved localism approach to sustainable community formation and to provide important insights to local policy makers responsible for fostering sustainable communities. The implications of the findings for future research are also considered.     

Learning about terrorism: Analysis,simulations, and future directions

This paper surveys the various activities of the Study Group on International Terrorism at the University of Oklahoma. The Study Group has employed the following phases in analyzing a form of conflict that has increasingly seized the world's headlines and challenged the capacity of governments to meet a particularly insidious type of political violence. In PHASE I, Ascertaining the Scope of the Investigation, problems related to defining “terrorism” and evolving a focus for analysis are recounted. In PHASE II, The Collection of Data and Initial Analysis, the techniques employed by the Study Group in collecting and evaluating data dealing with incidents of terrorism are discussed. In addition, a number of the preliminary findings of the studies are presented. In PHASE III, Application and Evaluation, the methods by which the initial findings were employed to develop a wide variety of programs related to developing alternatives to meet the threat of terrorism are discussed. Particular emphasis is placed on problems related to reconciling the need for an effective tactical response when an incident occurs with the equally pressing requirement for effective hostage negotiation. Under the section entitled Simulations, the techniques employed in developing a series of highly realistic simulations involving: (1) the University of Oklahoma Security Department, (2) the Norman Police Department, (3) members of a U.S. Army Special Forces Unit, and (4) flight attendants aboard the mock‐up of a cabin at the training facility of a leading international airline are presented. In addition, certain patterns that emerge from the simulations are noted. In PHASE IV, Policy Implications, the patterns mat emerged from the simulations are related to broader policy questions that not only include the need for more effective training techniques for law enforcement personnel, but also stresses the need to provide exercises that would promote administrative cooperation among senior level officials from the different jurisdictions that would be involved if an incident were to occur. In PHASE V, Future Directions, new areas of analysis and training are presented as they particularly relate to the need to sensitize personnel from both the public and private sector who may be high‐risk targets for terrorists attacks.     

Representing minorities in the city. Education policies and minority incorporation in the capital cities of Estonia and Latvia

This article explores the relationship between minority city-level and state-level political representations through the analysis of the contested implementation of state education policies in Tallinn and Riga. Referring to the US debate on this issue, the article asks what role minority incorporation into city-level power structures can play for its substantive representation. The comparison between Tallinn and Riga reveals two potential answers to this question. The case of Riga illustrates how city-level representation can be an alternative representative channel through which the minority can put pressure on state government and magnify its political voice within the country's democratic space. On the contrary, the case of Tallinn illustrates how a municipality can be an alternative locus of representation, which does not guarantee minority empowerment but rather entraps the minority at the local level within the implicit understanding that the minority (or at least the parties that get the minority vote) can “have its share” locally, but it cannot hope to influence state policies. The comparison between the two cases reveals different levels of legitimacy of the minority's voice in the democratic debate of Estonia and Latvia, and shows the risks and opportunities linked to the two models of minority city-level incorporation.     

Watchdogs or attack dogs? The role of the Russian courts and the central election commission in the resolution of electoral disputes

Do Russian courts constrain the state? Or do they facilitate arbitrary state action by favouring state agents over other litigants where such bias is not built into the written laws? Are Russian elections fair? The answers to these questions would help us assess Russia's progress towards establishing the rule of law and a democratic regime. The evidence presented in this article suggests that in electoral registration cases where incumbent politicians have a stake, the Russian courts and the Central Election Commission (CEC) are responsive to pressure from them. More specifically, the systematic analysis of all denials of registration by a District Election Commission (DEC) associated with the 1999 parliamentary election suggests that the Russian judiciary was subject to pressure from the regional authorities. Regional oppositionists tended to seek redress at the CEC, rather than at the local courts. Protégés of the regional administration, on the other hand, preferred to take their appeal to the local courts. A further indicator of the weakness of rule of law in Russia is that previous experience with the legal system made a candidate less rather than more likely to pursue an appeal. At the same time, however, scathing journalistic accounts of judicial corruption, inefficiency, and total subservience to politicians seem to be exaggerated. In 1999, both the courts and the CEC were acceptable appeal venues, since opposition candidates used them to defend their electoral rights more often than all other groups of candidates.