Chapter 13

A large, complex organization composed of appointed officials.

Authority is divided amongst several managers.

No one persona shall make all the decisions.

Introduced as the Spoils system by Jackson, and reformed today (Pendleton Act).

Based on merit and kept on performance (not patronage or favoritism)

Must pass a written exam administered by the Office of Personnel Management

Or, meet certain selection criteria (presidential appointments & aides)

• Poor performance• Change of administrationOr, a process…1. Given written notice of at least 30 days2. Notice must contain statement of reasons3. Employee has the right to an attorney (to

reply)4. Can appeal to the Merit Systems Protection

Board5. MSPB must grant a hearing6. Employee can appeal the MSPB ruling to

the US Court of Appeals

Senate used to have removal power, but now granted to President, and Congress funds and investigates

Political atmosphere affects appointments: Civil War, laissez-faire, Depression, WWII, Cold War (Vietnam), today’s economy

Party in charge

1. Administrative Procedure Act 1946—An agency must disclose any changes before making them

2. Freedom of Information Act 1966—Citizens have the right to inspect all gov’t records (except top secret)

3. National Environmental Policy Act 1969—agencies must issue environmental impact statements

4. Privacy Act 1974—SS & tax records must be kept confidential

5. Open Meeting Law 1976—every agency meeting must be open to public (except top secret)

The constraints make quick action almost impossible

Constraints cause inconsistencies (while to trying to follow one, another may be violated)

It is easier to block action than take action

Constraints allow the bosses to make all the decisions

“Red Tape”

Almost all agencies cannot exist w/out congressional approval

Congress can sometimes determine the precise agency behavior

No money can be spent w/out congressional approval (authorization legislation)

Even authorized funds cannot be spent w/out appropriation (money for specific use)

1. Appropriations Committee—regulates authorization and appropriation of funds for agencies (House)

2. Legislative Committee—regulates the day-to-day operations of an agency

3. Legislative Veto An executive action must lie before

Congress for a specific period before it takes effect. During this time, Congress could veto the legislation w/ majority vote in either House.

Highly controversial (Chadha Case—ruled veto unconstitutional…Why???)

4. Congressional Investigations

a. Red tapeb. Conflicting agenciesc. Duplicationd. Imperialism—belief in superiority of

your agency…not respectful of costse. Waste—spending more than is

necessaryf. Deception—agency is used as a front

for other gov’t spending

Eleven major attempts from the Pendleton Act to the NPR

NPR 1993 National Performance Review Attempt to reinvent gov’t to improve

performance Less centralized management More employee initiative Fewer detailed rules More emphasis on customer satisfaction Resulted in the Gov’t Performance &

Results Act—required agencies to set goals, measure performance, and report on results

Questions1.Why do some people call the bureaucracy the 4th branch of the US gov’t?

2.What is the actual size of the federal bureaucracy, and how does Washington translate national policies into administrative actions that meet w/ public approval?

3.Do you agree with this statement? “Bureaucracy is not an obstacle to democracy but an inevitable complement to it.” Explain your thoughts.