雇员“吹哨”的正当性及其限度

雇员向媒体或有关监管部门"吹哨",可以及时制止公司违法甚至侵害公众利益的行为,起到减轻政府监管压力的作用。但是雇员的吹哨行为在维护公共利益的同时,却违背了对公司的忠诚义务。雇员"吹哨"的正当性源于行使宪法赋予的言论自由权利,并保护公众利益。如何规范雇员吹哨,控制雇员吹哨的副作用,是我国法制建设当前面临的重要课题。通过员工"吹哨"实现社会有效监督的关键在于依法明确各项权利行使的边界。雇员吹哨的动机及实现的社会效果都是衡量这一边界的重要因素。通过相关配套措施的构建引导雇员在边界内理性"吹哨",从而真正实现对公共利益的保护。     

预告期性质研究 —— 基于劳动者和用人单位双重视角下的分析

预告期作为劳动者辞职或用人单位预告解雇的期限,其性质的阐明关乎实践中诸多问题的厘清。在肯定预告解除权为形成权的同时,认可预告期"始期说"的内在性质,在"程序说"与"条件说"的外在性质辨析,在法律、集体合同、劳动合同关于预告期规定的选择中不囿于现有学说,在适当倾斜保护劳动者利益以及增强劳动力市场灵活性的同时,提出区分预告解除主体,根据具体情况分别适用。     

Does Gender Equality Affect Municipal Transparency: The Case of Spain

The influence of women in organizational transparency is an understudied vein of representative bureaucracy. Literature claims that the increase of women in formal political representation opened the opportunity to bring to public organizations gender diversity, experiences, and values different from those of men. It highlights the beneficial leadership styles and the legitimacy of public bureaucracies. Since gender equality in Spanish local government has increased in recent years, it was the trigger and the aim for this study: to understand the influence of women’s political representation on the level of Spanish municipalities’ transparency. The analysis draws on panel data econometric techniques. The results reinforce the discussion that the representation of women in local political life will increase information transparency and reduce information asymmetry in municipalities.     

External Pressures and Internal Dynamics in the Institutionalization of Performance-Based Budgeting: An Endless Process?

The well-known practice of performance-based budgeting (PBB) is a relevant component of the New Public Management (NPM) reform agenda and has become widespread, with varying approaches and results across countries. However, its variation within specific countries has remained largely unexplored. This study analyzes three organizations operating within the same context—three ministries in Italy—to contribute to a new understanding of PBB variation by illustrating why the same PBB practice can or cannot be implemented and internalized similarly across these organizations and thus become (or not) fully institutionalized. The study adopts and enriches the institutional approach by extending beyond isomorphic convergence toward PBB and explaining practice variation, linking the interactions between external pressures and internal dynamics at the organizational level to PBB institutionalization. The empirical analysis shows how a lack of alignment between external pressures and internal dynamics contributes to an unfinished and apparently endless process of institutionalization.     

Speaking Like Statesmen or Scientists: Differentiating Congressional and Administrative Views on Data

ABSTRACT

Do legislators and executives speak of data the same way when speaking about public sector data? Public management scholarship and public performance policies often emphasize data-driven decision making as the path to making government efficient and effective. Whether the public policy makers mean the same thing when they speak about data in discussions of data-driven performance and decision making is unknown. In this article, the authors present an analysis of the language of data in conversations about government performance. Two frameworks are identified for the role of data in public performance—the statesman’s and the scientist’s. A corpus-level analysis of over 30 years of government documents is used to demonstrate the differences between these two approaches. This research builds consciously on the work of previous scholars seeking to map the nuances of data-driven performance management policies in the U.S. federal government.     

Opening up to OERs: Electronic Original Sourcebook Versus Traditional Textbook in the Introduction to American Government Course

Traditional American Government textbooks are expensive and often unpopular with students. New technologies and Open Educational Resources (OERs) open up the potential for change, but questions of quality are ever present: can OERs really help students learn better, or are they just cheaper? I developed an OER based on original sources and compared student learning outcomes with the OER section to those in a free digital textbook section. While the OER I created did not work as well as I had hoped, I nonetheless developed a redesign of my course and my approach to teaching, which is the true benefit of adopting OERs.     

Intergovernmental Agreements in Contemporary Russia

ABSTRACT

The paper discusses the evolution and current forms of agreements between federal, regional and municipal governments, as well as between the constituent units of the Russian Federation and municipalities. It analyses the problems and prospects of using these regulatory instruments. The purposes of this paper are to examine the current context of making intergovernmental agreements in Russia, to provide a comprehensive vision of contemporary state of this instrument of shaping intergovernmental relations, and to assess the prospects for their further practical use in the Russian Federation.     

If territorial fragmentation is a problem,is amalgamation a solution? – Ten years later

ABSTRACT

Over the last decade, municipal territorial amalgamation has occurred in 15 European countries. The same period has seen spectacular progress in research on the relationship between municipal size and the functioning of local governments, as well as the impacts of territorial reforms on economic performance and local democracy. Quasi-experimental designs treating territorial reforms as specific “research laboratories” have constituted an important part of that trend. However, there are still important gaps in the knowledge and the study results are often inconclusive. These observations call for a research agenda for the future.     

Russian Public Sector Employees’ Reasoning of Ethical Behavior: An Empirical Study

ABSTRACT

The purpose of this study is to examine the ethical reasoning of Russian public sector employees based on age, gender, management experience, specialization by the area of activity, and tenure with the current employer. Using t-test and one-way ANOVA statistical analyses, this study analyzed the ethical reasoning of 199 Russian public sector employees. Significant differences in ethical reasoning were observed among public sector employees based on age and specialization by the area of activity, but no significant differences in ethical reasoning were found among respondents based on gender, management experience and tenure with current employer.     

Cooperation,not cost savings: explaining duration of shared service agreements

Among local governments, inter-municipal cooperation is the growing reform; but the literature is silent regarding the determinants of longer-term shared service agreements. We conducted a survey of all local governments in New York State in 2013 to assess the level of sharing across 29 public services. The duration of shared service agreements varies from 1 to 80 years. What explains this difference? Our hierarchical linear model shows that service sharing agreements fall along a cooperation continuum, where cost savings are a determinant of shorter agreements, while the public values of service quality and cross-jurisdictional coordination explain longer-term agreements. We also find that positive past experience with sharing partners increases the duration of sharing agreements. Our analysis lays the foundation for new theories of shared services that build directly from the benefits of improved regional coordination, inter-municipal reciprocity and service quality, not from theories based solely on competition and costs.