“Policy”

1. “Policy” • Statement of goals about a particular issue • Often includes detailed implementation plans • Public policy – about public issues • Government and non-government org’s help shape and develop policy

2. Federal Government Administration • Federal bureaucracy lacked a clear boss until FDR established the “Executive Office of the President” • Each president has used this department office to control the bureaucracy • VP Gore’s reshaping Government initiative – The National Performance Review • Tool used by the President is the executive order

3. Executive Office of the President • OMB, NSC, CEA (Council of Econ. Advisors) • Cabinet • Appt. by President, confirmed by Senate • Independent agencies: Advice & consent of Senate • Narrowly defined support position: OPM & GSA • Political hot potato: EPA • Why not absorbed by Commerce? SBA

4. Regulatory Commissions Advice & consent, with long terms that prevent too much Presidential meddling FCC, NTSB Conflicts w/Cabinet agencies (NTSB –v- FAA, a part of DOT) Public Corporations Mostly commercial, need greater latitude since goals involve profit TVA, Amtrak, USPS May require special legislation for a competitive advantage Example? • Congressional Support Agencies • GAO – audits how funds spent • Library of Congress

5. State Government Administration • Governors often have less executive authority than President • Top State administrators (counterparts to Federal Cabinet) are usually elected: Calif. insurance commissioner, atty. general, sec. of state, dept. of education • Purpose is democratic • Can give rise to conflict • Example – Richard Riordan, Governor’s appointed Education Secretary – clashes with Jack O’Connell, Supt. Of Public Instruction, California Department of Education (elected)

6. Governors have some countervailing powers • usually have power to set budget, with line-item veto authority • Can appoint persons to Commissions (Calif. Coastal Commission) • Have line authority over some State agencies (e.g. Dept. of General Services)

7. Local Government Administration • Over 80,000 local governments • Cities over 1 million population - majority are mayor-council • Strong mayor – controls budget and administration • Weak mayor – council controls budget • Strength: Flexible and responsive to population (esp. if council members represent Districts) • Weakness: Fragmented views can make it difficult to take decisive actions, esp. if weak mayor

8. Fight over the L.A. Charter • In 2000 L.A. City voters approved a new Charter but rejected the strong-mayor model championed by then-mayor Richard Riordan • Riordan had wanted to select and fire heads of City departments without the City Council’s approval, just like in New York. Opponents felt this would lead to abuse of power and corruption. • L.A. did approve Neighborhood Councils, with advisory authority. • Still, the L.A. Mayor gets to appoint Commissioners of quasi-independent agencies, like the Airports and DWP. Several of these Commissioners are now being investigated for soliciting campaign $ for Riordan from private firms that do business with their agencies. One already resigned.

9. Cities less than 1 million population • Most are council-manager • Less conflict between setting and implementing policy • Strength: Professionalization of management functions • Weakness: Bureaucrats may wind up setting policy; less responsive to citizens

10. County Government Administration • Commission (Board of Supervisors) plus many elected officials (Sheriff, Tax Collector, etc.) is traditional • Some movement to appointed administrators to increase professionalism of bureaucracy • In 1995 Janice Mittermeier was appointed “Chief Executive Officer” of Orange County, a new position created after the 1994 bankruptcy. • She left after five “tumultuous” years marked by the Board of Supervisor’s resentment at not being consulted and losing influence over policy decisions. • After her departure the post was renamed “County Executive Officer” and its powers were downgraded. • Current OC website.

11. Local Quasi-Governmental Agencies • Special Districts • Transportation (OCTA) • Vector control • Schools • Garbage • Water • Advantage: flexibility to function as a business • Disadvantage: fragmentation, waste, difficult to control

12. Nonprofit Public Organizations • So-called “third” sector of economy • Many serve broad public needs • Charitable public benefit corp’s (hospitals, private universities, research groups) • Advocacy groups (Common Cause) • Mutual benefit assoc’s (trade unions, clubs) • For tax-exempt status must: • recycle profits into operations • meet strict requirements that a public purpose is being served

13. Policy Setting • Agenda setting - filtering process by which issues come to the forefront: • Current events • Executives and legislators • Policy entrepreneurs and special interests • Bureaucrats • Think tanks • Policy formulation - developing policy statements • Reciprocal relationship - “iron triangles” • sponsoring legislators, bureaucrats and interest groups • How detailed the legislation? • Legislators cannot foresee everything • Do not want to tie the hands of the implementers

14. Types of Policy • Regulatory (IRS, ICC, SEC, CFTC, CSPC) • Recent history of “deregulation” and slowing down of enforcement • Issue of voluntary compliance • Tone down adversarial rel. between regulatory agencies and industries by redefining them as “customers” • Distributive policy - apportioning revenues for the common good • Crop subsidies • State and local grants « revenue sharing » 

15. Legislative Controls over Executive Agencies • Legal prohibitions that forbid certain actions • Language in yearly ATF appropriation • Micromanage with highly detailed language • Informal understandings with the executive • Sunset provisions • Programs end after a certain period • Require program evaluation • Sunshine laws • Require public business to be conducted in public meetings – advance notice, open meeting and minutes • Require release of information

16. Direct Oversight • Each House has a govt. operations committee that oversees govt agency activities • Budget hearings – chance for agencies to make their best case • Special (investigative) hearings, at which agencies must defend their actions • GAO program evaluations • Legislative constituent casework

17. Policy Implementation • Rulemaking - agencies must develop detailed regulations that implements legislation. • At Federal level, authority granted by Administrative Procedures Act. States have equivalents. • Notice and opportunity for comment must be given to affected parties • Based on proper authority • Clear and unambiguous • If challenged, subject to judicial review

18. Administrative decisionmaking: • Agencies must establish formal factfinding procedures that govern important decisions and resolve disputes. • Typically required when there is a dispute about: • Denial of a privilege • The taking of something of value • Example – ATF licensing hearings • procedures are quasi-judicial, with mini-trials, hearings and rulings made by agency administrative law judges • If challenged, decisions are subject to judicial review