We intend to redesign, to reinvent, to reinvigorate the entire
national government.1
-President
Bill Clinton
Introduction
While President Clinton has promised an aggressive overhaul of
the management of federal programs, and a substantial reduction in
the size of the bureaucracy, the actual performance of his
Administration on management issues thus far contradicts the
promises. No comprehensive plan for employee reduction has been
devised. And while David Osborne -the author of Reinventing
Government and a principal advisor to Vice President Al Gore
-calls for the creation of "real consequences for success and
failure" in the federal work place, the Clinton Administration is
busily weakening presidential oversight, dismantling the federal
employee performance appraisal system, ending merit pay, and even
reducing the modest role of performance as a criterion for
retaining jobs during layoffs.
The Clinton Administration seems to lack a coherent vision of
government management. The Administration meanders between the
old-fashioned spoils system, showcasing Osborne's performance-based
management, and devolving responsibilities to the bureaucracy. This
confused attitude to managing personnel was the root cause of the
"Travelgate" patronage fiasco. It is also seen in the
Administration's failure to appoint key political officials within
agencies in a timely fashion-effectively forcing the real work of
government to the career staff. At the same time, the Vice
President Gore's National Performance Review (NPR) seems to suggest
that the government should eliminate centralized civil service
oversight and decentralize management responsibilities to lower
levels of the bureaucracy and to labor-management
comrrtittees.2
While trotting out Osborne's views on incentives, the Clinton
Administration has demonstrated little interest in strengthening
incentives to improve individual employee performance. In fact, it
is going in exactly the opposite direction by doing nothing to
retain the merit pay system for federal managers, to prevent the
weakening of the federal employees' performance appraisal system,
or to stop efforts to reduce the role of job performance in the
retention of federal employees.
The Administration's personnel management philosophy presumably
is contained in the report of its National Performance Review. The
NPR's major recommendations on personnel policy are:
1) Reduce federal employment by 252,000, by increasing
efficiency through "re-engineering" technology, streamlining
procedures, and reducing paperwork-all without cutting major
functions or instituting a comprehensive program of
privatization;
2) Create a National Partnership Council, composed
of cabinet and federal-sector union leaders, and rewrite the
federal government's labor law by requiring widespread
participation by the government's labor unions in management
decisions, rather than resting this responsibility clearly and
exclusively in the hands of top political appointees and
subordinate managers;
3) Further decentralize the hiring process from the
Office of Personnel Management (OPM) to the agencies
themselves, and eliminate OPM's Federal Personnel Manual, in effect
eliminating the civil service oversight system;
4) Shift performance rewards to governmental
bureaucratic units, rather than providing incentives directly
for individuals;
5) Simplify the job classification system-which,
ultimately, sets wages-and devolve to agencies the design of their
own pay and reward systems; and
6) Reorganize various agency operations to
eliminate duplication and inefficiency, and create a major new
public authority for the air traffic control system, modeled on the
postal service, rather than privatizing the system.
Reducing bureaucracy has been a major stated goal of every
recent Administration. Yet only two, those of Dwight Eisenhower and
Ronald Reagan (in the case of the non-defense sector), actually
achieved any significant reductions in its numbers. These
Administrations were successful by using broad-scale management
tools such as eliminating personnel along with entire functions of
government, or by setting reduction targets enforced by freezes on
employment-not by "engineering" efficiencies at the margin. History
suggests that President Clinton will be no more successful than the
other unsuccessful Presidents if he continues with a micro-planning
approach rather than the blunt-instrument methods of Eisenhower and
Reagan.
The problem facing Clinton is that sweeping plans to cut
personnel come in conflict with his promise to the government
unions to involve them in every level of decision-making. President
Clinton has made labor support of reform a high priority and it is
unnatural to expect unions to support personnel reductions. Still,
Vice President Gore insisted that employee involvement was what
"has made all the difference" between the Clinton Administration's
efforts and all previous efforts at reform.3
In fact, the NPR's recommendations taken as a whole are a
significant shift away from the personnel management philosophy of
Jimmy Carter's Civil Service Reform Act of 1978, and its 1981
implementation under Ronald Reagan. President Carter resisted union
involvement in management decisions, despite threats by labor
allies in Congress to derail his reform legislation. And both the
Carter and Reagan Administrations consistently and vigorously
defended management rights before the Federal Labor Relations
Authority (FLRA). President Clinton bragged to the AFL-CIO
leadership that his federal sector reforms were
"unprecedented."4
Besides resisting union encroachment in management decisions,
Presidents Carter and Reagan also gave great support to building
incentives to reward individual civil servants for good work. To be
sure, they did support allowing bureaus to retain the money saved
from management improvements-so-called innovation funds - as a
reward for unit efficiencies, but not to the exclusion of
supporting more fundamental individual rewards for productivity
gains. Under Clinton, both programs are to be decentralized to the
agencies-which historically have opposed them, especially merit
pay-and they will wither.
The NPR's recommendation to further devolve personnel hiring to
the agencies is strange because most hiring was already
decentralized under the Carter and Reagan reforms. Simplification
of how work is classified in the government has been a goal of all
recent Administrations. But to give unsupervised power to the
agencies over such classification-which ultimately determines
pay-is not only novel but an invitation to abuse, especially when
combined with a policy of more union involvement.
Decentralizing management and personnel policy can work in the
private sector because there is a financial bottom line against
which to measure the success or failure of decentralization. But
that is not the case in government. Moreover, decentralizing
administration from the center to the agencies takes management and
political leadership from the top political executives, especially
the President, and transfers it to the career bureau managers and,
in the case of the Clinton Administration, also to the unions. That
makes it extremely difficult for an Administration to assure that
agencies carry out broad policy or operate efficiently.
The most far-reaching proposal may be to phase out the Federal
Personnel Manual. The Manual is the repository of the rules that
constitute the framework for the civil service. To eliminate the
Manual is in a real sense to eliminate the civil service. While
this could conceivably have some benefits if the current rules were
replaced with a more responsive personnel system, the related
proposal for closer collaboration with the unions suggests the goal
is to replace the merit system with the union-grievance system.
President Carter was forced to accept a union-grievance personnel
system in tandem with the civil service system to get his reforms
passed by Congress; but this dual system has always been
irrational. Replacing the Merit Systems Protection Board civil
service system with the FLRA grievance system admittedly would
simplify the current dual system. But the latter is already less
efficient in today's 10,000 bargaining units. Making it the
exclusive system throughout the government will lead to unions
constantly second-guessing management decisions, filing even more
and more, often frivolous, Unfair Labor Practice charges-which will
tie the government in knots.
The NPR recommendations certainly would "reinvent" government.
But there is no reason to believe that this radical reinvention
would actually achieve a more efficient government. To reach that
goal, the Administration should take actions that are more
traditional and more-direct- cut the 252,000 positions in the only
way that has proved successful and cost-effective, through
attrition and a centrally managed freeze on hiring; follow the
Carter/Reagan philosophy of presidential leadership rather than
devolving responsibility to the bureaucracy and unions; also follow
Presidents Carter and Reagan in managing the civil service
primarily through the use by political appointees of individual
incentives for career employees to perform work better; and show
leadership by simply ordering the Cabinet to enact the presidential
plan to cut unnecessary and duplicating bureaus, refusing to let
Congress frustrate these re-organization initiatives.
Clinton's Confused Approach
When President Clinton promised to reinvent government, it
hardly seemed possible he meant to do so by disregarding all
previous models of governmental administration-and putting nothing
coherent in their place.
There are basically two modern presidential models of government
administration. The first is the "political administration" or
cabinet government model. Advocated in recent years by Presidents
Jimmy Carter and Ronald Reagan, this emphasizes political
responsibility-providing leadership to committed top political
officials and then holding them and their subordinates personally
accountable for achievement of the President's issue-based
program.
The second is the "public administration" or scientific
management model. This is most closely identified with Presidents
Woodrow Wilson and Herbert Hoover. It emphasizes the Progressive
ideal of following a value-free, "scientific" program which can be
technically derived by "neutral" career public officials adhering
to supposedly objective management and policy principles.
The Clinton White House has followed neither approach. Evidently
lacking any clear conception of government administration, the
Clinton Administration seems to be lurching from a "high-spoils"
approach, which is a crude version of the first model (epitomized
by firing of longtime employees in the White House travel office),
to what amounts to an "extreme-careerism," which is a severe
distortion of the second model. This is seen in the
Administration's propensity to turn over the de facto daily
management and policy-making of federal agencies to career civil
servants by failing to install critical second- and third-level
political appointees, and to decentralize critical decisions down
into the lower levels of the bureaucracy.
EXAMPLE: Travelgate. Consider the continuing controversy
over the so-called Travelgate affair, the circumstances surrounding
the abrupt firing of seven long-established employees in the White
House travel office, and the proposed hiring of the President's
cousin to run the operation.
Imagine if Reagan Administration staffers had used a relatively
senior White House official to confront and personally pressure a
Federal Bureau of Investigation agent to rewrite a press release
about the travel office affair. Or imagine, in another example from
the early days of the Administration, that 25 political employees
of the Executive Office of the President received duplicate pay,
230 of the 61 1 early appointments received retroactive
appointments and wages, and 22 received salary increases
retroactively. The reaction in Congress would have been
explosive.
Commenting on an internal Administration report on Travelgate,
David Broder, the veteran political columnist for The Washington
Post, noted:
The report can be commended for candor. But what it revealed was
a saga so shoddy, so saturated with petty manipulations, snooping
and spying, rampant cronyism and tacky deceits that it made you
cringe. It also confirmed an abuse of the FBI's role-in summoning
agents into a situation without even so much as a by-your-leave to
the attorney general, and then pressuring them for action-that it
made you wonder if anyone on that young staff had learned the
hard-earned lesson of Watergate.5
Fortunately for President Clinton, perhaps because Travelgate
happened early enough in a congressional environment controlled by
friendly partisans, it is counted as just a political misstep. Yet,
it indicates a remarkable example of managerial failure. But that
failure is continuing, including embarrassing appointments,
confusion in the White House Office of Communications
(necessitating hiring Republican David Gergen), a late start in the
campaign for the North American Free Trade Agreement, and a
seemingly endless series of missteps and inter-agency confusion and
delays in beginning the Administration's campaign for its health
plan.
If President Clinton is to deliver on his promises, perhaps even
survive, he must learn quickly from his mistakes in personnel
management.
Reconsider the travel office controversy from a strictly
managerial perspective. No one has a right to hold a job in the
White House. Since the travel office is within the White House, its
occupants are not formally subject to civil service hiring or
protection. But from the very beginning, the Clinton White House
team did not openly claim the right to choose their own people in
making appointments to this office. Contrast this with the Reagan
Administration, which early in the President's first term, made it
clear that it would use its rights even in the far more sensitive
inspector general positions, the federal agents charged with
investigating waste, fraud, and abuse in federal agencies. Instead,
the Clinton team actually encouraged the view that the only
legitimate reason for decisive action regarding personnel in a
White House office is corruption.
Thus the long-time occupants of the White House travel office
were not removed according to the assumed-and legitimate-right of a
new Administration to bring in its own people. That apparently
sounded too Reaganesque, and so the claim was that "widespread
corruption" existed in the financial affairs of the travel office.
Never mind that those not involved in financial matters were
dismissed with the rest, nor that politically important friends of
the President and his wife had previously asked for changes, nor
that several employees subsequently were returned to duty. The real
problem was that there was no personnel theory at all-unless it was
simple spoils-guiding these personnel decisions.
Not Putting People First: Career Gridlock by Default
While the Clinton White House was expending enormous energy and
political capital on filling minor positions in the small travel
office, the Administration was leaving the management of the most
important government agencies in the hands of its permanent career
officers. As New Yorker columnist Sidney Blumenthal recorded
this summer, "Bruce Lindsey, Clinton's close friend and constant
companion, has been sentenced to the personnel office, where piles
of resumes literally towered to the ceiling and sometimes fell
over. Lindsey would slowly send appointments up to Clinton who
would roll many of them back down."6
The result: vacancies in key policy jobs.
This approach to political personnel might be adequate in the
parliamentary systems of Europe, which are modeled upon the theory
of responsible career administration with few political positions
below the cabinet ministers, as in Great Britain. Likewise, one
could square it within the framework of the American political
tradition if Clinton were consciously following Wilson or Hoover
and trying to restructure American government along similar lines.
But with no consistent model at all, this simply adds to
Washington's policy gridlock. Worse, the gridlock is now inside the
executive branch itself.7
This confused and error-prone approach to personnel was
compounded by a self-imposed deadline that the Clinton team could
not meet. By January 20, 1993, Inauguration Day, the Clinton team
claimed the incoming President would have 100 to 200 appointments
"ready to go." Instead, on Inauguration Day, the President released
just thirteen names for senior positions in the federal government,
the most prominent being Madeleine Kunin, the former Governor of
Vermont, as Deputy Secretary of the Department of Education.8 The pattern continued to the point that after
six months in office, the President filled only 60 percent of the
403 most senior positions in the federal government.9
This personnel management problem has had profound policy
consequences in the various federal agencies. As Senator John
Breaux, the Louisiana Democrat, explained to Congressional
Quarterly, "Senior civil servants can provide all the numbers
and statistics but they cannot answer a question like, 'What should
we do?'"10 So the few cabinet
secretaries who are appointed must make all of the decisions and
they become overwhelmed and make mistakes, or the civil servants
either swirl in confusion or take over the programs and run them
for their own bureaucratic purposes.
|
Status of
Clinton
Major Political Appointments
|
| Agency |
Political Positions |
Senate
Confirmed
|
|
|
4/29
|
8/8
|
| Agriculture |
17 |
1 |
9 |
| Commerce |
21 |
1 |
9 |
| Defense |
44 |
3 |
18 |
| Education |
16 |
2 |
11 |
| Energy |
19 |
1 |
8 |
Health/
Human Services |
20 |
2 |
10 |
Housing/
Urban Develop. |
14 |
3 |
13 |
| Interior |
17 |
1 |
10 |
| Justice |
34 |
1 |
9 |
| Labor |
16 |
1 |
9 |
| State |
31 |
15 |
28 |
| Transportation |
17 |
1 |
9 |
| Treasury |
31 |
6 |
15 |
| Veterans |
14 |
2 |
7 |
Source: Congressional Quarterly Weekly
Report, May 1, 1993, p. 1060, for department positions
requiring presidential appointment with the advice and consent of
the Senate, as of April 29, 1993; also Weekly Report,
September 4,1993, p. 2310.
|
It is not hard to find examples of careerist encroachment on the
policy-making process that undermined the policy agenda of the
incoming Administration. And it can cut both ways. In domestic
agencies, the bureaucratic resistance to a new policy initiative
may have a decidedly liberal bias. In the defense and national
security agencies, on the other hand, it tends to be conservative.
At the Department of Defense, while the Clinton Administration is
favorable to the idea of expanding the combat role of women in the
military, that proposal has run into fierce and well-organized
resistance at the lower levels of the military bureaucracy:
"Sources familiar with the internal debate," commented a
Washington Post reporter in the summer, "said the military's
resistance to the Administration's policy change reflects the
current dearth of civilian oversight at the Pentagon because of a
shortage of confirmed political appointees. Sources said the
administration's initiative is suffering, in particular, from the
lack of an assistant secretary for force management as well as an
Army secretary, both of whom would normally be handling its
implementation."11 The effort to
remove restrictions on homosexuals serving in the military has
similarly resulted in determined careerists blocking overstretched
political appointees.
The slow pace of political appointments has continued apparently
without much improvement. Observes Al Kamen, a Washington
Post reporter who covers governmental affairs: "In 1993, the
Clinton Administration managed to nominate 618 candidates for the
top 957 jobs requiring Senate confirmation but was able to get no
more than 465 confirmed. Presidents Jimmy Carter and Ronald Reagan
did far better, with Reagan getting nearly 600 confirmed and Carter
putting 569 in top jobs."12 While this
problem has been acute at the Departments of Defense, Justice, and
Commerce, it has been a festering sore in Clinton's personnel
management generally since the early days of his
Administration.
The table on the previous page makes the point. Except for the
State Department, which was not candidate Clinton's priority, only
a handful of the major appointees requiring Senate confirmation
were on the job by the end of Clinton's fourth month in office.
Most agencies had only the secretary, and most others only one or
two assistants. The unfilled positions- included the -heads of the
major agencies in the government-the Army, Social Security,
Medicare, National Park Service, Immigration and Naturalization
Service, Federal Highway Administration. After seven months, most
of the positions were still vacant or filled with Bush
Administration holdovers. Even today, the Clinton Administration
remains behind the appointment levels of most recent
Administrations.
Consequences of the Slow Appointment Process
The consequence of this lack of personnel and policy control
have been quite evident. Whether the next Administration is
Republican or Democrat, liberal or conservative, the pace and the
process of Clinton's political appointments should prove a valuable
lesson on how not to run political personnel operations.
The legislative branch is constitutionally entitled to ask for
and receive information from agencies in order to make the laws.
Needless to say, the absence of accountable political appointees in
federal agencies and departments who can speak authoritatively on
behalf of the President frustrates Congress and undermines the
quality of congressional decision-making. Representative Romano
Mazzoli, the Kentucky Democrat, expressed this frustration to the
career acting director of the Immigration and Naturalization
Service (INS) before the official said a word at a hearing on
aliens that followed the terrorist bombing of the World Trade
Center in New York City. Unable to obtain an Administration
position on a policy question concerning the admission of aliens,
an exasperated Mazzoli complained, "We simply cannot function like
this," without a permanent INS Commissioner who can make policy
decisions. One unnamed congressional staffer told Congressional
Quarterly that dealing with the Clinton Administration is like
"dancing with mannequins."13
The personnel management problem is not only frustrating for
Members of Congress, it also undermines planning in the private
sector. According to a Wall Street Journal survey of top
business executives, the Clinton Administration's failure to act
decisively in the appointments process has hampered business
decision-making. "A particular problem cited by many executives,"
comments the Journal article, "is the President's failure to
make some key appointments, leaving companies unable to get
responses to their questions or unsure of the direction regulatory
policy will take."14 Beyond any
disagreements that corporate executives might have over the
President's economic policy, the handling of appointments and the
management of the agencies has contributed to broader concerns over
the quality of White House management itself. Says Jerry
Jasinowski, President of the National Association of Manufacturers
(NAM), "It's the disarray. Business leaders] can stand a lot of
stuff, but they can't stand confusion and chaos...."15
What Went Wrong with Appointments?
The slowness of appointments at the beginning of the Clinton
Administration took most people-apparently including the Clinton
team itself-by surprise. Rather than the President's people moving
swiftly to take over the reins of government, the process has been
confused and in some cases disastrous.
There are three major reasons for the disarray.
The first, as noted, is the President's apparent failure to
incorporate personnel decisions into any overall governing
rationale. If his choice of Lani Guinier for Assistant Attorney
General for Civil Rights, for example, was meant to be ideological,
it conflicted with his carefully honed "New Democrat" image. If
meant to be for her neutral competence skills, it showed
presidential and (apparently) staff blindness to the ideological
implications of the selection. Observes Michael Kelly of The New
York Times, "For months, as Mr. Clinton appointed many
administration officials whose records and philosophies seemed out
of keeping with the centrist promise of the Administration of a
'New Democrat' White House aides had argued that such things did
not matter, that the only ideas that counted were those of Mr.
Clinton."16
The second reason is an apparent undervaluing of the importance
of personnel to governing. That the President does not put people
first in staffing is perhaps shown most dramatically by the number
of missteps in the process of appointing major officials. His first
two Attorney General candidates came to ruin largely because the
White House staff did not give the appointments sufficient
importance. But this is largely attributable to the personnel
management style of the President himself, who did not even name
his own White House staff until just one week before his
Inauguration.17 Some of the
President's strongest supporters saw the problem early. Martin
Schram, one the most prominent of the "New Democrats", recalls his
January 1993 "Memo to Clinton:" "Your White House has a flaw-and
it's sure to cause more problems if it isn't remedied .... The
senior staff is woefully short on experience .... Seemingly
innocuous occurrences can explode without warning"18
The need for managerial strength in the White House is greater
now than ever before, largely because of the tougher Washington
environment. Today, there are stiffer ethical and financial
disclosure standards than ever before for presidential and
political appointees to meet. Background checks are more extensive,
and the unexpected surfacing of volatile issues, such as the
failure of potential Clinton appointees to make Social Security
payments for household help, can destroy nominations.
While all of these factors make high-level appointment and
staffing more difficult, the Clinton White House has compounded the
problem by requiring that potential political appointees meet quota
standards based on such characteristics as race, ethnicity, or
gender. Secretary of Defense Les Aspin, for example, when trying to
fill top policy positions at the United States Department of
Defense, was told that "his first choices to top Pentagon jobs
included too few women."19 Likewise,
in the search to fill the position of Attorney General, White House
Counsel Bernard Nussbaum and Peter Edelman, a prominent Washington
lawyer assisting the White House, were "absolutely fixated with
finding a woman," according to an unnamed Democratic
Senator.20 The fixation of finding a
woman for the job was such, according to R.W. Apple of The New
York Times, that when Zo6 Baird had to step down, there were no
other "qualified candidates" on the White House short list,
indicating, wrote Apple, "a perilous lack of contingency
planning."21 As Professor Charles
Fried of Harvard University Law School, and President Ronald
Reagan's Solicitor General, observes, "If you artificially remove
from consideration a large segment of the most qualified people by
a bean counter mentality, you make things hard on yourself .... The
nonminority male half of the population includes a lot of
experienced and able people."22
The President made a pledge to appoint a government that "looks
like America." It does not, unless America consists almost entirely
of rich lobbyists, politicians, and lawyers. Instead, as The
Wall Street Journal observes, "The Clintonites seem determined
to prove themselves the most politically correct hiring hall in
history."23 The main effect of this
exercise has been to slow down the appointment process. "Despite
-rumblings from the agencies-and from people in the running for
jobs-that the White House stews endlessly over their candidates,"
commented a Washington Post journalist this summer, "White
House officials said they are satisfied with their efforts,
especially given the obstacles, both inherent and self-imposed,
they have confronted."24
Cutting the Bureaucracy and the White
House Staff
That the Clinton Administration did not give sufficient priority
to personnel matters was most apparent in its attempt to meet the
President's major goals of cutting civilian personnel by 252,000,
and to reducing the White House staff by one-quarter.
Clinton's promise to cut the White House staff has already gone
astray. The base number from which personnel were to be reduced was
set artificially at the high point of the Bush years and it
excluded the largest and most important unit, the Office of
Management and Budget. So it was not reduced by anywhere near
one-quarter.25
It is too early to assess progress toward reducing the main
bureaucracy by 252,000. But, once again, the base has been
"adjusted" up to make the paper reductions easier to achieve. The
base full-time equivalent personnel estimate total for 1993 in
Clinton's 1994 budget is 10,900 higher than it was in Bush's
budget. And the critical non-defense base is almost 20,000
positions higher than the actual levels for 1992. These numbers
become significant when one considers that only 40,000 reductions
are planned from the 1993 estimate (reported in Clinton's budget as
50,000 from the "base") in the first year.
The lack of serious attention to personnel matters was most
evident when the General Accounting Office calculated that the
total savings from the National Performance Review were only $305
million, not the $5.9 billion estimated by the Administration for
the five years of the plan. The Clinton-Gore review had neglected
$519 million in costs to the federal personnel retirement system
and $2 billion in costs to the agencies for early retirements,
among other underestimated expenses.
The response of an anonymous White House staffer was revealing:
"It doesn't make sense that reducing the number of federal
employees costs money. In the long run, it saves money."26 Of course, it does; but personnel
reductions can cost dearly in the short run if they are not done
properly. And massive use of "buyouts," for employees to retire
early, and reductions in force are precisely the way to drive costs
upward. That is why the Reagan Administration relied primarily upon
attrition and furloughs, which save money in the long run and the
short run. Unfortunately, the Clinton Administration proceeded
rashly without a plan.
Blurring the Line Between Political
and Career Employees
The Clinton Administration also has not decided what is the
proper relationship between political and career officials.
One of the most difficult of Ronald Reagan's management
principles for agency heads to follow was the insistence on a clear
dividing line between political and career functions, so that each
was respected. At least during the first term, the Reagan
Administration was comfortable justifying the leading role for
political appointees and protecting the President's appointment
role against congressional attempts to usurp or subvert that
Executive right, so it was comfortable also in limiting job shifts
to the career service by political appointees.
Nonetheless, Reagan's Office of Personnel Management
periodically came under great pressure from various quarters to
politicize the career service by allowing political appointees to
convert to career status. This happens in every Administration,
Democrat or Republican. But OPM was generally successful in
limiting this in the first term, arguing that it was more proper to
create more political positions and respect the professional
autonomy of the career service. The prevailing view in the Reagan
Administration's OPM was that once a political appointee received
career protection, he or she became more often a careerist in
outlook, with new institutional loyalties to the federal
bureaucracy and less interest in presidential objectives. This
Reagan management philosophy promoted the Administration's policy
agenda while reinforcing sound administrative principles.
By agreeing to amend the Hatch Act prohibiting political
activity by career employees, the Clinton Administration breached
the division between career and non-career status, not by allowing
"careering-in" of politicals, but in politicizing
careerists.27 With career civil
servants permitted to become more politically involved, such as
actively participating in partisan political campaigns, they will
become more subject to political pressure from unions and
politically active supervisors. Careerists will be tempted to use
government power to threaten clients. Some, such as regulators of
business, could be very threatening indeed. These activities will
encourage political appointees to "career-in" for self protection.
This is why career associations like the National Academy of Public
Administration have opposed major changes. Yet, the Clinton
Administration, having no contrary management philosophy, deferred
to union pressure and changed the half-century-old Hatch Act to
allow politicization of the career service.
Reversing the Role of
Performance
The Clinton Administration appears equally confused about how to
improve the efficiency of the career civil service.
President Carter's Civil Service Reform Act of 1978 was designed
to apply sound principles of performance management to the federal
government. Central to the law is Title 5, U.S. Code. 2301(b),
which requires that "recruitment, selection, and promotion" are to
be determined "solely" on the basis of "relative ability, knowledge
and skills"; that "appropriate incentives" are to be provided to
encourage "excellence in performance"; and that "employees should
be retained on the basis of their performance."
Backed by the Carter statute, the Reagan Administration worked
diligently to put into place a comprehensive and standardized
employee performance appraisal system, tightening employee
discipline and increasing the flexibility in the assignments of the
senior executive service. That Administration wanted to establish a
clear linkage between pay and performance, link all monetary awards
and performance, and to eliminate the automatic nature of pay
increases within grade levels for general schedule employees.
Reagan attempted to increase the role of performance as the basis
of employee retention in reduction-in-force efforts in federal
agencies, create a merit pay system for federal managers, and to
extend the pay-for-performance principle throughout the general
work force.
While the National Performance Review does support the principle
of performance, it devolves control over its systems to the
agencies and unions that have historically resisted the idea. More
important, the Administration responsible for issuing it is itself
going in a different direction. This is discernible in three
areas:
1) Reduction-in-Force Procedures
These are the rules for laying off federal employees.
Historically, one of the biggest federal management problems has
been the policy of laying off federal workers with little
consideration given to h w we I they perform. This has been
accompanied-by elaborate and absurd "bump and retreat" rights, in
which highly paid middle managers without even typing skills can
end up working as secretaries during a reduction in force.
There are four factors which govern the decision to lay off
federal workers: tenure, veterans preference, seniority, and
performance. The main goal of the Reagan Administration, amid
strong opposition from federal employee unions and their allies in
Congress, was to upgrade the role of performance relative to
seniority, thus enforcing the legal principle that employees should
be retained on the basis of performance.
Unfortunately, Clinton's Office of Personnel Management is
issuing regulations that actually lessen the role of performance
relative to seniority for nonveterans in reduction-in-force
procedures. This makes it easier for top performers to be laid off
during agency consolidations or reductions in force. This result is
hardly consistent with improving efficiency, or providing positive
consequences for good performance.
2) The Federal Employee Performance Appraisal
System
Performance appraisal means nothing if it is not, in the words
of David Osborne, tied directly to "real consequences" for success
or failure. Before the enactment of the Civil Service Reform Act of
1978, performance appraisal in the federal system was a
three-tiered rating system, in which 99 percent of federal
employees received a "satisfactory" rating at the middle range of
performance. The Carter Administration, realizing that this was
meaningless, created a five-step performance appraisal system,
rating job performance as "outstanding, "exceeds fully successful,"
"successful," "below successful" (needing improvement), and
"unsuccessful." As it implemented the Carter reform, the Reagan
Administration enforced the new system, spreading the ratings over
at least four of these categories so that performance levels could
be more clearly distinguished, even if relatively few were actually
rated "unsuccessful" and firedbecause of poor performance.
Instead of strengthening performance appraisal, the Clinton
Administration's OPM initially said it would allow agencies to
adopt a two-level pass/fail system. This is even more primitive
than the federal employee appraisal system that was dumped by
President Carter, and would effectively end any serious performance
appraisal in the federal work force. Fortunately, James King, the
Director of OPM, backed down from the proposal after public
pressure. But it is still not clear that OPM will forbid agencies
from adopting such a system.
3) Merit pay for federal managers
While the Administration was lobbying furiously toget its huge
tax and budget package through the Congress, Eleanor Holmes Norton,
the Democratic House delegate from the District of Columbia,
successfully sponsored a provision in the legislation eliminating
all bonuses and cash awards for good performance among federal
employees. "As soon as I heard that [incentive bonuses] were gone,"
said a bewildered and shocked Vice President Gore, "I said 'that's
ridiculous. That's not going to happen.'"
Itdid not happen in the budget, but the entire
pay-for-performance system created by President Carter for the
managerial corps has been eliminated in any event. Actually, this
happened during the later Bush Administration, when it allowed
Congress to revoke the underlying law. So, the merit pay system for
federal managers (GS 1315 grade levels), expired September
30, 1993. To date, nothing has been done by the Clinton
Administration to reinstitute the merit pay program.
Getting Serious About Reform: Creating a Leaner and More
Efficient Government
Given this record on personnel management, President Clinton and
his team will have to reverse course quickly if the President is to
show he means business when it comes to making government work. The
Administration needs to take several actions to do this if he
wishes to forward his own general policy agenda.
Action #1: Get serious about cutting the bureaucracy;
freeze federal hiring.
The President will not cut the bureaucracy by his promised
252,000 positions, in real, full-time equivalent terms, and achieve
cost reductions, if he does not get serious about it. Instead of
vague promises and the hope of "buying out" as many employees as
possible, he must go back to the Reagan Administration policy of
relying primarily upon attrition, then furloughs, and only as a
last resort reductions in force or early retirements. To achieve
the attrition, he must impose a managed freeze, administered by
OPM. Otherwise, nothing will happen, or Congress will mandate the
cuts, and the reductions will end up costing as much as they
"save." It is still not too late to make a decision that will
assure the cuts do not go the way of the promises to cut the White
House staff.
Action #2: Reorganize by simply doing it, not talking
about it.
The National Performance Review proposes office consolidations
at various federal agencies that almost any objective observer
would support. The problem is, Washington is betting nothing will
happen, assuming Congress-acting for the special interests-will
block the reforms. President Clinton should simply order his agency
heads to make the changes and force Congress to play catch-up. Then
the President should initiate a program of privatization,
decentralization, and other strategies to perform the work
remaining after the freeze and reorganization, and order his
political appointees to carry it out.
Action #3: Develop a management philosophy; preferably
follow Carter principles and set Reagan priorities.
President Clinton has been urged to follow the political
principles of administration set in President Carter's historic
Civil Service Reform Act, and the manner in which President Reagan
implemented it beginning in 1981-but at least to adopt some sound
principle of government administration.28 Thus far, the Administration is clearly not
following either of these recommendations.
If President Clinton were consciously and consistently siding
with the other major management philosophy, embodied by Woodrow
Wilson and Herbert Hoover, it would at least be a rational and
understandable approach. Instead, he is bereft of a governing
rationale or philosophy of government management-unless it is a
self-defeating intention to turn management over to
labor-management councils. If this is his plan (and his Executive
Order of October 1, 1993 suggests it well may be), the President
should at least explain and defend this radical course of
action.
As it is, President Clinton has been pushed to and fro and shows
little vision or consistency. As Sidney Blumenthal observes,
"Clinton arrived calling for the overthrow of the status quo, yet
seemed surprised to find that the entrenched castes of the Capital
act to protect their positions. Thrown off balance, he has become
reactive."29 To lead, he must develop
a management philosophy, be able to explain it, and to execute it
consistently.
Action #4: Manage the bureaucracy rather than abrogate
presidential powers and responsibility.
President Clinton's National Performance Review, apparently with
the concurrence of his central personnel management agency, OPM,
proposes to decentralize decisions like performance management,
merit pay, pay classification, merit hiring, and management
leadership rights to the agency bureaucracies that are the heart of
the problem. The President should be stoutly championing his right
to make political appointments, fillthese positions, and uphold
their proper roles as policy makers. Rather than eliminating its
central role, President Clinton should make OPM implement
presidential initiatives, monitor the personnel reduction program,
increase performance incentives, teach political responsibility and
the need for entrepreneurial attitudes, and execute the other
management reform policies of his Administration.
Conclusion
With the issuance of the National Performance Review, the
Clinton Administration is promising to reinvent government.
Taxpayers remain properly skeptical, based on the Administration's
record thus far, especially in the area of personnel management.
The Travelgate fiasco reveals shoddiness and abuse in making
personnel decisions. And delays in making appointments, back-dating
personnel actions, reversing the historic reforms of the Carter
era, and making unkept or ill-considered promises on reducing
personnel-all apparently without any systematic plan-demonstrates a
disturbing lack of seriousness on management matters by the Clinton
Administration.
If the President is serious about cutting federal jobs, he needs
to start with a hiring freeze. If he is to lead, he must pick
appointees who are compatible with his agenda and allow them to
manage and organize the civil service with the tools made available
to him through President Carter's reforms, not decline
responsibility by delegating to the bowels of the bureaucracy, much
less to its unions.
Most critical of all, President Clinton must decide what the
primary goals of his Administration really are, and adopt a
management philosophy of how to achieve them. Otherwise, his
Administration will continue to be adrift and rife with confusion
and abuse.
Endnotes
1 Quoted by Stephen Barr,
The Washington Post, March 3, 1993.
2 For an analysis of the
National Performance Review, see Scott Hodge, "The National
Performance Review: Falling Short of Real Government Reform, "
Heritage Foundation Backgrounder No. 962, October 7,
1993.
3 Stephen Barr,
"Reorganization Report Goes to Clinton Today," The Washington
Post, September 7, 1993, p. A5.
4 Stephen Barr, "Organizing
for Empowerment," The Washington Post, October 13, 1993, p.
A19.
5 David Broder,"Talk is Not
Enough," The Washington Post, July 14, 1993.
6 Sidney Blumenthal, "Dave,"
The New Yorker, June 28, 1993, p. 38.
7 The consequences for policy
without political appointees should be obvious to anyone. But at
the Department of Justice it was painfully evident during the
series of White House delays in filling the Attorney General's
office. In response to inquiries on the Department's 1993 budgetary
and legislative agenda, the Department, according to a Wall
Street Journal reporter, "... issued a sparse one page
statement that listed three initiatives, all of which had already
been proposed. There was little indication of any change in
priorities. Meanwhile, other agencies held news briefings to
discuss their spending plans." Joe Davidson, "With Its Highest
Positions Yet Unfilled, Justice Department Remains in Disarray,"
The Wall Street Journal, February 24, 1993.
8 Ann Devroy, "Late For
Appointments," The Washington Post, March 2, 1993. That
situation did not improve over the next few weeks: "According to a
Washington Post survey, Clinton, five weeks into his
presidency, has selected 60 people for senior posts outside of his
cabinet, but only nine of them have been nominated and six
confirmed. That record is in sharp contrast with the statements by
Clinton officials Inaugural week that 100 nominees or even 200
nominees were ready."
9 See Al Kamen,"About 60
Percent of Top Posts in Government Are Filled," The Washington
Post, July 21, 1993.
10 "Presidential
Appointments,"Congressional Quarterly Weekly Report, May
l,1993, pp.l059-1060.
11 John Lancaster,"Army,
Marines Resisting Combat Role for Women; Policy Paper Severely
Limits Females,"The
Washington Post, June 18, 1993.
12 Al Kamen,"HeIp Wanted,
Call Clinton (EOE)," The Washington Post, December l0, l993,
p. A29.
13 Congressional Quarterly,
op. cit.
14 "Clinton's Bumpy Start
Slows Business," The Wall Street Journal, June l8, 1993.
15 Sylvia Nasar, "Confidence
in Clinton is Slipping Among Many Business Leaders," The New
York Times, May 9, 1993.
16 See Michael Kelly,
"Clinton Myth of Nonideological Politics Stumbles," The New York
Times, June 6, 1993.
17 See Dan Balz and Anne
Devroy, "Powerful Lessons," The Washington Post, January 31,
1993.
18 Martin Schram, "Misstep
Miseries," The Washington Times, May 28, 1993.
19 Douglas Jehl, "High Level
Grumbling Over Pace of Appointments," The New York Times,
February 25, 1993.
20 R.W. Apple, Jr., "Case of
Double Jeopardy," The New York Times, February 6, 1993.
21 Ibid.
22 Quoted by Max Boot,
"Attorney General Miscues Shake Clinton Bid to Regain Momentum,"
The Christian Science Monitor, February 8, 1993.
23 "Form A Government,"
Editorial, The Wall Street Journal, May 17, 1993.
24 Al Kamen, "About 60
Percent of Top Posts in Government Are Filled," The Washington
Post, July 21, 1993.
25 While the well-known
personnel problem with the White House staff is that it is bloated
at the senior levels, curiously enough, the first target of the
Clinton attempt to cut staff was the White House correspondence
unit, firing two dozen longtime, low-ranking employees who served
in a "non-political" support staff for the President. See Ann
Devroy, "Clinton Fires White House Worker Bees," The Washington
Post, February 7, 1993.
26 Stephen Barr,"On Capitol
Hill 'Reinventing Government' Is Off to a Crawling Start," The
Washington Post, November 24, 1993.
27 For an excellent
discussion of the issues surrounding recent changes in the Hatch
Act, see Robert E. Moffit," Gutting the Hatch Act: Congress's Plan
to Re-Politicize The Civil Service," Heritage Foundation Issue
Bulletin No. 180, July 6, 1993. Incidentally, Moffit notes that
the most widely reported prohibited personnel practice in the
federal government is the hiring of family and friends by federal
supervisors: the operation of the "buddy system." While ignoring
the need to combat the unfair "buddy system," the National
Performance Review draft is critical of existing rules requiring
supervisors to choose from the top three candidates, because the
rules prevent them "... from considering other candidates who may
in fact be more qualified." Stephen Barr, "Administration Drafts
Plan to Remake Personnel System," The Washington Post,
December 16, 1993, p. A23. Naturally, any new rules broadening the
pool of available candidates are also likely to generate even more
incidents of favoritism at the expense of the competitive civil
service.
28 See DonaId J. Devine,
"How to Cut the Federal Bureaucracy, "Heritage Foundation Memo
to President-Elect Clinton No. 2, December 14, 1992.
29 Blumenthal, op.
cit. p. 36.