Public Accountability - Lecture

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PUBLIC ACCOUNTABILITY

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Public Administration

Transcript of Public Accountability - Lecture

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PUBLIC ACCOUNTABILITY

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» Section 1. Public office is a public trust. Public officers and employees must, at all times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency; act with patriotism and justice, and lead modest lives.

1987 Philippine Constitution - Article XI Accountability of Public Officers

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» Accountability implies responsibility and public trust. The contemporary emphasis is on everybody’s assuming responsibility and being accountable.

ACCOUNTABILITY DEFINED

» The word accountability evokes, to some, a set of lofty ideals intuitively and eminently sensible. To others, it is a normal expectation from anyone entrusted with a responsibility.

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» Accountability is the obligation to render an account for a responsibility conferred. It presumes the existence of at least two parties: one who allocates responsibility and one who accepts it with the undertaking to report upon the manner in which it has been discharged. (Report of the Independent Review Committee [Wilson Committee] on the OAG of Canada, 1975)

ACCOUNTABILITY DEFINED cont.

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» Accountability is also frequently linked with unfortunate outcomes: when things do not go well, the person who refuses to take the blame is often criticized for not being accountable. Curiously, the person who takes credit for a good deed is not usually described as being accountable.

ACCOUNTABILITY DEFINED cont.

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» Public accountability involves three interrelated groups: (a) the general public and particularly the recipients of public services who are interested in service providers being accountable to them; (b) political leaders and supervisors of service providers to be accountable for a mixture of public policy and private and parochial interests; and (c) the service providers themselves whose objectives and interests often differ from the first two. (The World Bank, Governance and Development)

ACCOUNTABILITY DEFINED cont.

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» Accountability is the essence of our democratic form of government. It is the liability assumed by all those who exercise authority to account for the manner in which they have fulfilled responsibilities entrusted to them, a liability ultimately to the people owed by Parliament, by the Government and, thus, every government department and agency. (Royal Commission on Financial Management and Accountability, 1979)

ACCOUNTABILITY DEFINED cont.

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» Accountability is the essence of our democratic form of government. It is the liability assumed by all those who exercise authority to account for the manner in which they have fulfilled responsibilities entrusted to them, a liability ultimately to the people owed by Parliament, by the Government and, thus, every government department and agency. (Royal Commission on Financial Management and Accountability, 1979)

ACCOUNTABILITY DEFINED cont.

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» The Theory of Parliamentary accountability, in essence, is ministerial responsibility, which means that each minister is responsible to Parliament for the conduct of his Department. The act of every civil servant is by convention regarded as the act of his minister. (C.E.S. Franks, The Parliament, 227).

ACCOUNTABILITY DEFINED cont.

» Accountability involves an obligation to explain or justify specific actions. (David Heald, Public Expenditure, 1984, 154)

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» Accountability is a political principle according to which agencies or organizations, such as those in government, are subject to some form of external control, causing them to give a general accounting of and for their actions; an essential concept in democratic public administration. (Gordon, Public Administration, 607)

ACCOUNTABILITY DEFINED cont.

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» Accountability is a synonym for responsibility. It is a type of relationship that comes to existence when an obligation is taken on by an individual (or entity), such as the responsibility to assume a role or discharge a task.(Timothy W. Plumptre, Beyond the Bottomline, Management in Government, 1988, 182)

ACCOUNTABILITY DEFINED cont.

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» The concept of accountability is sometimes taken as merely another name for stewardship accounting . . . Stewardship is the obligation to report on safe custody or proper disposition of assets entrusted. . . The term accountability, in contrast, focuses attention on identification of those parties entitled to an accounting and the purposes for which they are presumed to use the accounting. (Skinner, Accounting Standards, 636)

ACCOUNTABILITY DEFINED cont.

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» Accountability is the obligation of a deputy minister to answer to a person or group for the exercise of responsibilities conferred on him or her by that person or group. . . Management responsibility is the requirement for the deputy ministers to respond to the concerns of individuals or groups within the overall context of their accountability obligations . . . Answerability is the obligation of deputy ministers to provide information and explanation to Parliament on behalf of the ministers and the government. (Gordon F. Osbaldeston. Keeping Deputy Ministers Accountable, 1989, 5-6)

ACCOUNTABILITY DEFINED cont.

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» Some people argue that it is the institution as a whole that should be held responsible, not the individual. Conventional wisdom has it, however, that in the final analysis only individuals can be made responsible and accountable because only they are entrusted with specific responsibilities. If an institution is not as accountable as it should be, it is because the individual or individuals in charge prevent it from being so. That debate has never been entirely resolved in a convincing manner.

INDIVIDUAL VERSUS INSTITUTIONAL ACCOUNTABILITY

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» In objective accountability, someone is responsible for something and accountable to some person or body in a formal way, through clearly defined rules and mechanisms.

OBJECTIVE ACCOUNTABILITY VERSUS SUBJECTIVE ACCOUNTABILITY

» In subjective accountability, a person feels a duty towards the profession of public service or a sense of the public good and the nation which determines and defines conduct even though there are no formal mechanisms through which the accountability can be enforced.

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» Accountability often does not come easily; not everybody has the proper attitude, or a natural disposition reinforced by a strong set of personal values or ethics. Sometimes, accountability is legislated, and sometimes it is promulgated as an institutional value and becomes a managerial policy. Often, accountability remains merely an exhortation.

EXTERNAL INDUCEMENT FOR ACCOUNTABILITY

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» Where there is an insufficient natural disposition for accountability, for assumption of responsibility, or for a rendering of account, an external pressure becomes necessary. It may take the form of legislation that is quite specific. Or it may be a social pressure, quite general and ill-focused. Sometimes, the pressure takes the form of rewards and punishment. There is a widespread belief that such a regime is sound and appropriate and that many people humanely react to it. Nevertheless, it has limitations.

EXTERNAL INDUCEMENT FOR ACCOUNTABILITY cont.

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» Depending on people’s cultural backgrounds and the values that inspire them, reactions to external inducement vary.

EXTERNAL INDUCEMENT FOR ACCOUNTABILITY cont.

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» A number of factors must be present for accountability to be effective; it has to rest on a solid psychological foundation. In proximity to accountability reside ethics, morality, and codes of conduct, all serving to compensate for obscure accountability links or to reinforce them. Fully informed and morally fit people are able to make highly defensible decisions and naturally feel responsible and are accountable.

THE ENVIRONMENT FOR ACCOUNTABILITY

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» Having a proper attitude, a healthy disposition towards accountability is not sufficient. It requires a technical structure, one that is organizationally sound.

THE ENVIRONMENT FOR ACCOUNTABILITYcont.

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» Certain institutional arrangements, particularly in government, have conferred a status of independence or autonomy to particular agencies that have to be managed free of political interference, or dealt with at arm’s length, given the politically sensitive nature of their activities. There are many such agencies: the central banking authority, the state broadcasting system, grant-giving agencies, regulatory and quasi-judicial agencies, and so on. They are placed at a deliberate distance from the very body – Congress or the government that created them. This autonomous status should not exempt them from being accountable, although some would argue that to make them directly accountable to the body that created them is to invite interference.

AUTONOMY AND ACCOUNTABILITY

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DIMENSIONS OF ACCOUNTABILITY> Internal and > External Accountability

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» a rendering of account from the lowest echelons to the top, in a hierarchy. Objectives are defined at the top and transmitted to lower levels for execution. Authority is delegated accordingly, followed later by the rendering of account and possibly the application of a reward system. Within a government structure, for instance, the rendering of account would take place at successive echelons up to the deputy minister/secretary. In turn, the latter would be accountable to the minister/Secretary responsible for that particular department. Generally, this internal accountability is not public; it remains within management.

Internal

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» a rendering of account by management to their governing bodies. This rendering of account is public when it takes place, for instance, at the assembly of the people’s representatives, the elected body, or when it is directed at stakeholders.

External

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» Constitutional» Decentralized» Consultative

Polical Accountability

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» the accountability of a government agency conferred by the Constitution. Example:

Constitutional

» Section 4, Art. IX-D, Phil Const. The Commission shall submit to the President and the Congress, within the time fixed by law, an annual report covering the financial condition and operation of the Government, its subdivisions, agencies, and instrumentalities, including government-owned or controlled corporations, and non-governmental entities subject to its audit, and recommend measures necessary to improve their effectiveness and efficiency. It shall submit such other reports as may be required by law.

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» the establishment of local government units, regional offices as a response to the overloads in a central or a provincial government engenders a dispersion of accountability and possible conflicts between the central and the locality.

Decentralized

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» representative democracy is supplemented by participatory democracy. Elected representative feel obligated to consult the population; they have a close rapport with special interest groups and even feel a certain accountability to them. The accountability relationships are not very clear in such circumstances.

Consultative

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» representative democracy is supplemented by participatory democracy. Elected representative feel obligated to consult the population; they have a close rapport with special interest groups and even feel a certain accountability to them. The accountability relationships are not very clear in such circumstances.

Consultative

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» Commercial» Resource» Professional

Managerial Accountability

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» when government services are financed by user fees rather than by budget appropriations, they may be judged as much, if not more on their commercial performance as on the attainment of their public policy purposes. The framework of accountability of many GFIs, GOCCs and water districts would assume this character.

Commercial

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» accountability for resources is typically indicated for nonmarket provision of services. Budget control framework must ensure efficiency and be capable of evaluating management performance. Resource accountability can be divided into:

Resource

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financial-management accountability frameworkhuman resources accountability frameworkasset-management accountability framework » The human resources component within the context

of an administration at the service of a representative government agency takes on a special dimension. Merit is the principle of competence, and the so-called merit system characteristic of our public service has some definite implications on accountability for human resources.

Resource cont.

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ARTICLE IX B. THE CIVIL SERVICE COMMISSION

Section 2» (2) Appointments in the civil service shall be

made only according to merit and fitness to be determined, as far as practicable, and, except to positions which are policy-determining, primarily confidential, or highly technical, by competitive examination

Resource cont.

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» the allocation of resources in a public institution is often largely influenced, when not decided, by professionals who owe their standards to a self-regulating body.

Professional

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» Judicial» Quasi-judicial» Regulatory

Legal Accountability

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» the government allows reviews of public servants’ actions through judicial review of cases brought by aggrieved citizens.

Judicial

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» largely in the form of recourse with respect to application of the law where a great deal of administrative discretion is prevalent because of the necessity to operate at arm’s length from politics. A specialized tribunal like the Court of Tax Appeals and the CP of the COA, CSC, COMELEC are examples of entities operating within a quasi-judicial framework of accountability.

Quasi-judicial

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» some regulatory agencies (ex. HLURB, PRC) operate with a large degree of independence, applying broad legislative mandates affecting the individual interests of citizens by rendering administrative decisions free of political interference. This is possibly one of the most complex accountability situations.

Regulatory

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» Procedural» Consequential

Procedural and Consequential Accountability

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» in the sense that if all the requirements with regards to inputs are satisfied, the output, or the intended outcomes, or results are deemed assured. Emphasis is on the management procedures, practices and systems, as well as on compliance to rules and regulations.

Procedural

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» the most significant signals emanate from the monitoring of the output to determine if intended goals have been attained, presumably as a result of the efforts that went into the initiative. Outputs may not all lend themselves to retracing the corresponding inputs. The emphasis is on results, eventual outcomes, impacts, and constitutes an enlargement of the scope of accountability into what is called effectiveness.

Consequential

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