Predicting Political Influence on State Ethics Commissions: Of Course We Are Ethical—Nudge Nudge,Wink Wink

This article explores the ability of elected officials to affect the autonomy of state ethics commissions. The author examines autonomy as a function of the capacity of ethics commissions to control their finances and personnel decisions and how the presence or absence of that capacity affects whether bureaucratic structures can function independently of politics. Using data from the 2011 State Integrity Investigation, the analysis extends previous arguments concerning political actors’ desire to affect ethics commissions. Findings suggest that elected officials use their positions to control the makeup of commission leadership and financial resources, with the goal of decreasing commissions’ ability to act autonomously.     

The Street‐Level Bureaucrats of Elections: Selection Methods for Local Election Officials

The 2000 presidential election and the recount battle in Florida focused attention on local election administration in the United States. The Help America Vote Act , passed by the federal government in 2002, requires wholesale changes in voting equipment and other election procedures. However, the law did not address the selection of individuals who manage elections: both state and local election officials play a great role implementing federal and state election laws. Recently, several election reform advocates have argued for shifting to nonpartisan election administrators in the United States. Others, particularly associations representing election officials, have not endorsed that position. To inform this debate, we provide data on the selection methods and party affiliations for all local election officials in the United States (more than 4,500 individuals or commissions). We find considerable variation in the methods used to select state and local election officials in the United States.     

Rebuilding Policy Capacity in the Era of the Fiscal Dividend: A Report from Canada

After two decades of focusing on deficit reduction and restructuring of operations, governments in many areas of the world are once again contemplating new policies and expenditures. In Canada, where budgetary surpluses have recently replaced deficits, the federal government has been asking whether it still has the capacity to make informed choices about new programs. This article examines Canada's recent efforts in rebuilding its policy capacity. It asks, first, to what extent and in what way was policy capacity originally lost. Second, it appraises the adequacy of new policy "networks," consisting of think tanks, consultants and government officials, as "virtual replacements" for former government-controlled advisory bodies, royal commissions, and in-house policy units. Finally, it notes the relative absence of parliamentarians, and even the political executive, from capacity-rebuilding activities, a deficiency that in the long run may undermine the legitimacy and effectiveness of such efforts.     

Royal Commissions in Australia: When Should Governments Appoint Them?

The Cole Royal Commission into AWB sales of wheat to Iraq once again draws attention to questions of when should governments resort to ad hoc inquiries and, in particular, establish royal commissions with their associated prestige and statutory powers to call and examine witnesses and require presentation of documents. In this article, Dr Scott Prasser, author of ‘Royal Commisions and Public Inquiries in Australia (Lexis Nexis 2006) examines the use of royal commissions and other investigatory/inquisitorial instruments of executive government by Commonwealth and state governments.     

The Queensland Health Royal Commissions

Utilisation of public inquiries and royal commissions in Westminster systems of government is a source of continuing interest. That royal commissions continue to be appointed when there is an increasing array of other institutions governments can now employ and given that royal commission reports often have very adverse impacts on the appointing governments, remains a key issue. So the appointment by the Queensland government of not one, but two royal commissions in 2005 into the same topic – the recruitment and performance of doctors recruited abroad working in Queensland public hospitals – provides a special opportunity to analyse the circumstances in which a royal commission mechanism is activated. That one of these royal commissions had to be disbanded because of legal action taken by several of those being investigated is another reason to assess these royal commissions. This is almost without precedent in Australia and has implications for the future conduct of such bodies. Lastly, how the Queensland government was able to minimise the blame from the subsequent royal commission's highly critical report, is also instructive and worthy of assessment .     

American Federalism and the Search for Models of Management

Changes in the United States federal system mean that managers must operate by taking into account multiple interacting governments and nongovernmental organizations; dealing with numerous programs emanating from Washington and state capitols; and engaging in multiple intergovernmental transactions with an expanding number of intergovernmental instruments. Four models of management within this changing system are identified. The top-down model emphasizes executive-branch control and is embedded in enforcement and exchange related to the laws, regulations, funding rules, program standards, and guidelines associated with federal/state grant, procurement, and regulation programs. The donor-recipient model emphasizes mutual dependence or shared program administration, where two-party bargaining or reciprocal interactions among government officials is the norm. The jurisdiction-based model is defined by the initiated actions of local officials and managers who seek out program adjustments and other actors and resources to serve the strategic aims of their governments. The network model highlights the actions of multiple interdependent government and nongovernmental organizations pursuing joint action and intergovernmental adjustment. Although the first two models are long-standing and the latter two are emergent, all appear to be alive and well on the intergovernmental scene, posing complex challenges for public managers.     

The Interventionist Turn of UN Peacekeeping: New Western Politics of Protection or Bureaucratic Mission Creep?

During recent years, the United Nations (UN) peacekeeping system has exerted robust interventions in the domestic jurisdiction of target states for human rights purposes. The existing literature attributes the explanation mainly to the “new politics of protection” pursued by Western governments and thus validates the realist hypothesis. This article analyzes the Côte d'Ivoire and Haiti cases to demonstrate that not only government policies (the realist hypothesis) but also independent bureaucratic powers exerted by senior UN officials (the social constructivist thesis) have contributed to the emergence of interventionist policies at the UN. Moreover, “bottom-up” initiatives stemming from the virtue ethics of senior UN officials have played a much more decisive role in generating the interventionist turn than “top-down” institutional guidelines and doctrines, such as the Responsibility to Protect (RtoP) principle. Instead of RtoP, UN officials draw upon broad legitimating principles of the UN, notably human security, to justify their interventionist policies.     

Building Ethical Capital: Perceptions of Ethical Climate in the Public Sector

This article examines influences on public servant perceptions of ethical climate in the public sector. The array of beneficial outcomes produced by perceptions of a positive ethical climate, the existence of government programs aimed at improving ethical climate, and implications for government accountability and trustworthiness all argue for a better understanding of the sources of these perceptions. Empirical analyses of survey responses from employees of the U.S. federal executive branch show that individuals in leadership positions perceive the ethical climate more positively. Conversely, work tenure tends to worsen perceived ethical climate, although supervisory status attenuates this negative effect. Ethics training, interaction with ethics officials, and perceived knowledge about ethics topics consistently influence perceptions of ethical climate and advice‐seeking behavior in a positive way. A set of results related to advice‐seeking behavior serves to reinforce the important role of ethics officials.     

The Development of Competitive Industries: The Role of State Government Actors

Despite widespread adoption of Porter's Industrial Cluster Theory as a policy development framework by federal and state governments over the past decade, Australia remains significantly below the OECD average in terms of its industries' economic contributions to real wealth creation ( Brown 2000 ; OECD 1998 ). The major cause cited for this relatively poor performance has been inability of key government officials to implement effective industry policy that simultaneously avoids de facto protectionism and distortion of competition. This article provides an insight into the key policy decisions undertaken by the Tasmanian state government that coincided with development of an internationally successful shipbuilding industry in that state. As such, this article provides a reflection on policy initiatives that may be valuable for government officials elsewhere.     

Differences Between State and Federal Public Forest Management: The Importance of Rules

In United States federalism, public policy responsibilitiesbelong to multiple jurisdictions. This article compares statewith federal public forest management. Data come from four cases,each comprising two forests sharing similar physical characteristicsbut under the authority of different governments. Systematiccomparisons suggest that officials in the national forest agencyface greater statutory, regulatory, and planning constraintsthan do state agency officials. These constraints require morepublic input and higher levels of environmental protection.Outcomes reflect these differences: federal officials provideless limber, at lower net profit, than do state officials, andthey transfer less revenue to local governments. Concurrently,federal officials make greater environmental protection efforts.     

Truth Skepticism: An Inquiry into the Value of Truth in Times of Transition

Truth commissions have become so fashionable in times of transitionthat one can readily recognize what might be called a ‘truthcascade.’ The commissions, and the reports they produce,are reputed to promote many of the goals at the heart of thetransitional justice project: helping victims to heal, promotingaccountability, drawing a bright line between the past and thepresent, promoting reconciliation and so forth. And yet, a closerlook at the truth-seeking enterprise suggests that it may notbe able to deliver on these promises. This article exploresboth the intrinsic and instrumental reasons why truth commissionsmay not be effective in promoting the goals attributed to them.The article does not argue that transitional governments shouldnot pursue the truth, but it does urge governments to use cautionand careful planning when they do so.     

Rural Community Responses to a National Mandate: An Assessment of Floodplain Land-Use Management

Rural governments face a difficult task in complying with theNational Flood Insurance Program (NFIP), which requires detailedplanning, land use ordinances, and effective enforcement provisionsto reduce flood losses. This study analyzes responses from anational sample of officials in 852 nonmetropolitan NFIP communitiesand flood management officials in all fifty state governments.Rural officials perceive their overall floodplain managementprograms to be relatively effective in protecting future developmentbut less effective in protecting existing structures. Whileflood hazard mitigation is not a high priority in rural government,the national program appears to have spurred local activity.State assistance in developing local regulations and providinginformation is correlated with rural officials' perceptionsof meeting NFIP goals. Programs rated most effective are incommunities with local regulations in force, although technicalproblems and local political opposition are widely acknowledgedas obstacles to the development of land use measures.     

THE INFLUENCE OF E‐GOVERNMENT ON ADMINISTRATIVE DISCRETION: THE CASE OF LOCAL GOVERNMENTS IN EGYPT

One important but often understudied area of research in public administration is the effect of e‐government on administrative discretion. This article examines e‐government factors that influence administrative discretion through a survey of local governments. The focus of this study is on Egyptian local governments, which are using e‐government to modernise public service delivery. Through a survey of administrative officials in these governments, this study found evidence that e‐government factors of collaboration and organisational change influenced administrative discretion. Other common factors noted in the literature such as size of the local government and demand by citizens for e‐government did not register an effect on administrative discretion. The results of this study imply that local governments should do more to enhance e‐government to reduce administrative discretion, especially in the area of increasing collaboration. Copyright © 2011 John Wiley & Sons, Ltd.     

Employment Laws and the Public Sector Employer: Lessons to Be Learned from a Review of Lawsuits Filed against Local Governments

Numerous aspects of the day-to-day operations of local governments are subject to legal scrutiny; public managers and officials must be keenly aware of the legal rights and protections that extend to both citizens and employees of local governments. This research evaluates several areas of concern in the human resource administration of municipal governments with respect to the management of public employees within the protections set forth by the legislative and judicial branches of the federal government. Sample cases filed from 2000 to 2007 against local governments in Tennessee involving Title VII violations, retaliation, hostile work environment, Family and Medical Leave Act violations, and other employee grievances are detailed. The intent of this analysis is to highlight many of the laws and legal principles that relate to municipal human resources management and to provide scholars and practitioners with a brief overview of the liabilities that may arise from the employment relationship between local governments and their employees.     

Pandemic Influenza Planning: An Extraordinary Ethical Dilemma for Local Government Officials

The possibility of an influenza pandemic occurring within the next two decades is very real; the role of local governments in comprehensive preparation for this global threat is crucial. The federal government has provided broad guidelines for state and local officials who are ultimately responsible for emergency response and lifesaving services, vaccination and antiviral use, and the provision of other critical support. Much of this influenza pandemic preparedness has occurred under conditions of uncertainty, and these government actions may have unprecedented legal and ethical implications. This study evaluates the pandemic influenza policies of eight large U.S. cities to determine how Department of Health and Human Services recommendations with ethical and legal implications have been addressed. The authors find that several important aspects of these guidelines are vague in many plans, and input from key stakeholders is inadequate.     

When Governments Regulate Governments

This article advances a political theory of regulation that accounts for the choices of regulators and regulated entities when both are governments. Leading theories of regulation assume that governments regulate profit‐maximizing firms: Governments set rules, to which firms respond rationally in ways that constrain their behavior. But often the entities that governments regulate are other governments. We argue that government agencies and private firms often face different compliance costs, and that agencies have greater incentives than firms to appeal regulations through political channels. Simultaneously, the typical enforcement instruments that regulators use to influence firm behavior may be less effective against governments. Our empirical subjects are public and private entities’ compliance with the U.S. Clean Air Act and Safe Drinking Water Act. We find that, compared with private firms, governments violate these laws significantly more frequently and are less likely to be penalized for violations.     

The Reinvention of Public Personnel Administration: An Analysis of the Diffusion of Personnel Management Reforms in the States

Reform is a common theme in American public administration. During the twentieth century at least 12 major administrative reforms have taken place at the federal level and countless others in state and local governments. Frequently, these reforms have addressed the operation of public personnel management systems. Recent efforts associated with the reinventing government movement, for example, have proposed numerous alterations to civil service rules and procedures, and many jurisdictions have implemented significant changes in their personnel practices. This article examines the extent to which these kinds of personnel reforms have been implemented by state governments. A reform index is developed to document the considerable variation among the states in their approach to personnel practices. Several state characteristics are associated with scores on this index, including legislative professionalism, which bears a positive relationship to reform, and the level of unemployment within a state and the proportion of state employees associated with public employee unions, which are both negatively associated with reform.     

Reform or Resistance? Local Government Responses to State-Mandated Ethics Reform in Kentucky

Although several studies have examined state and federal regulationof political corruption andethics reform, few studies have extendedtheir focus to local governments. In this study, we examinethe local government response to stale-mandated ethics reformin Kentucky during the 1990s. Based on a quantitative analysisof local government ethics codes in 288 cities, we concludethat local compliance with state-mandated ethics reform hasbeen largely driven by local political factors. Cities withrelatively developed democratic institutions, characterizedby high levels of electoral competition and a strong media presence,were significantly more likely to construct strict ethics ordinances,as were cities reflecting moralistic political cultural values.     

Promoting the Utilization of Performance Measures in Public Organizations: An Empirical Study of Factors Affecting Adoption and Implementation

Despite its appeal for improving government, many state and local governments have not developed performance-measurement systems, and even fewer use these systems to improve decision making. This study examines the factors that affect the utilization of performance measurement, based on the results of a national survey of state and local government officials. The goals of the study were to provide better information on the patterns of usage of performance measurement and to use this information to develop an elaborated model of the factors presumed to affect utilization. Using distinctions from the policy and evaluation literature, hypotheses were tested and confirmed: Policy adoption is driven more heavily by factors from rational and technocratic theory, whereas actual implementation is influenced by factors addressed by political and cultural considerations.     

Local Officials’ Support for PILOTs/SILOTs: Nonprofit Engagement,Economic Stress,and Politics

Nonprofit property tax exemption has become a major policy issue as the collapse of the housing market, the Great Recession, and property tax caps have threatened local tax collections. Consequently, many local governments have sought to obtain payments in lieu of taxes (PILOTs) from charities that are formally exempt from property taxes. Using a 2010 survey of local government officials in Indiana, this article examines whether support for PILOT policies is related to officials’ personal involvement with nonprofits, their views on government–nonprofit relationships, the type of position they hold, the level of economic distress in the county, local political conditions, and local nonprofit wealth. The findings support most of these hypotheses but also show that attitudes toward PILOTs appear to be shaped by somewhat different concerns than attitudes toward services in lieu of taxes (SILOTs).