Administrative reform in the federal public service: the first faltering steps

Abstract. This paper is complementary to one by H. L. Laframboise published previously in Canadian Public Administration (14, no. 3, fall 1971, pp. 305–25), ‘Administrative reform in the federal public service: signs of a saturation psychosis.’ Where Laframboise stresses the serious concerns that have arisen on the part of many managers over an accumulation of initiatives in administrative reform and seems generally to be advocating that we slow down the pace of such reform, the position taken here is that in our managerial practices we are very seriously below the level required to handle the enormous and complex demands facing the federal public service and therefore must attend far more energetically to administrative reform, albeit more expertly. The paper identifies four key needs to be met in managing public organizations effectively, and treats each of these in some detail: placing men and women of appropriate managerial mind and bent in managerial positions; identifying, developing and using appropriately the growing range of managerial support specialties; facing up to and countering the insularity that seems to afflict even the best of managers; and assuming a managerial approach suited to the dynamic nature of what Warren Bennis has termed ‘the temporary society.’ The paper concludes with a discussion of managing as a set of paradoxes. Sommaire. Cet article traite du même sujet qu'un autre article que publiait dans I'ADMINISTRATION PUBLIQUE DU CANADA (14, no 3, automne 1971, pp. 303–25) par H. L. Laframboise, intitulé“Administrative reform in the federal public service: signs of a saturation psychosis”. Alors que Laframboise soulignait les préscupations sérieuses de plusieurs administrateus devant le grand nombre d'initiatives en matière de réforme administrative et semblait préconiser de façon générale le ralentissement du rythme de cette réforme, l'on soutient ici que nos méthodes de estion sont bien loin de pouvoir répondre aux exigences nombreuses et compexes de la fonction publique féérale, et que partant, nous devons poursuivre la réforme administrative de façon beaucoup plus dynamique et plus experte. L'article détermine quatre exigences primordiales de la gestion efficace des administrations publiques et traite chacune d'elles en détail:affecter à des postes de gestion des hommes et femmes d'esprit et de tendance idoines; déterminer, établir et employer à bon escient l'éventail de plus en plus vaste des spécialités du soutien administratif; combattre la tendance que semblent avoir les meilleurs de nos gestionnaires de se renfermer dans leur coquille; adopter une méthode de gestion adaptée à la nature dynamique de ce que Warren Bennis appelle “la société temporaire”. L'article se termine en assimilant le processus de gestion à une série de paradoxes.     

The Enjoyment of Rights and Freedoms: A New Conception of the 'Ambit' under Article 14 ECHR

Article 14 of the European Convention on Human Rights, as applied by the UK judiciary under the Human Rights Act 1998, is in danger of becoming as 'parasitic' as it is often described. Judges have inappropriately narrowed the scope of the 'ambit' of other Convention articles, and thus limited the number of claims to which Article 14 can apply, by defining it according to considerations more properly weighed in a justification analysis incorporating proportionality. The emerging approach departs from Strasbourg jurisprudence, and fails to give full effect to the language and intent of Article 14. This trend need not continue. This article begins the process of fashioning a new conception of the ambit of Convention articles: one that could change the fortunes of Article 14 cases in the UK, but that flows naturally from the precedents of the European Court of Human Rights, and gives effect to the spirit of the HRA.     

Whose Safety Net? Home Insurance and Inequality

Drawing on prior theoretical and empirical work that has begun to constitute the insurance field as a distinct sociolegal research project, this study uses quantitative and qualitative data collected following Hurricane Andrew in 1992 to explore distributional questions within that field. Survey results show that higher income, age, and education were associated with having home insurance and that Hispanics and blacks were less likely than non-Hispanic whites to have insurance. The study provides the first quantitative evidence of bias in the insurance claims process by documenting a statistically significant and substantial ethnic difference in the timing of insurance payments. The qualitative research helps to explain the difference in the timing of insurance payments as the product of unconscious bias by insurance adjusters. The study concludes by proposing market-structuring regulation to reduce the inequality encountered.     

The market needs help: The disappointing record of home energy conservation

Energy conservation is widely considered to be the most promising solution to the nation's energy problems. The dominant public policy in this field has been to encourage conservation by decontrolling energy prices and relying on consumers to respond to price increases in ways that best meet their individual needs. This policy so far has led to only small reductions in energy use within the home, and even these reductions are only partly attributable to conservation behavior. Among the many obstacles to residential conservation that have come to light, a major one is the difficulty of predicting what savings will result from any specific investment in home energy efficiency. Ten years of experience after the 1973 oil crisis raises doubts about the feasibility of residential conservation as a short-term energy strategy, and suggests that new policies are needed to improve the operation of the market for conservation investment.     

Relinquishing custody as a requisite for receiving services for children with serious emotional disorders

A review of the literature was conducted to assess the extent and nature of the practice of requiring parents to transfer custody in order to receive public funding for intensive services needed by their child/adolescent who had a serious emotional disorder. The review focused on the legal and policy basis of this practice as well as its social and psychological impact on child and family. We conclude that the practice of transfer of custody as a requirement for receiving financial aid occurs in a majority of states, though the actual extent of this practice is not known. The major factor influencing the use of transfer of custody appears to be the absence of an appropriate and adequate system of services for children and adolescents with serious emotional disorders. We recommend that the practice of requiring custody transfer for the sole purpose of receiving services be abolished and offer several suggestions for improving acess to services.Preparation of this article was supported in part by the National Institute of Mental Health (NIMH) under contract no. 89MF761903. The authors are grateful to John Burke and Kelly Kelleher of the Division of Biometry and Applied Sciences, NIMH for their assistance on this project. Laurie Flynn, Executive Director for the National Alliance for the Mentally Ill, was very helpful during the informative stage of the project. Barbara Friesen, Director of the Research and Training Center at Portland State University, gave us useful guidance throughout the project. We thank Stephen Hill, Consultant to the National Governors' Association, for his help. We are grateful to Amy Hewitt and Carol Ishler for their assistance in preparing this report. We also would like to acknowledge several individuals who assisted us with research reported in this article. We are grateful to Governor Richard F. Celeste of Ohio for his letter of support for the state survey of custody transfer practices. We appreciate the efforts on behalf of this survey by staff from the State of Ohio, particularly Jean Ellen Stevens, Administrative Assistant to the Director of the Department of Mental Health. Margraret McNally assisted in the compilation of data for both surveys.