Public Administration, Ethics & Accountability
Defining ethics
The concept Ethics is not:
The same as feelings. Feelings provide important information for our ethical choices.
Religion: because many people are not religious but ethics applies to everyone.
Following the law: a good system of law does incorporate many ethical standards, but law can deviate from what is ethical
Following culturally accepted norms
A science: just because something is scientifically or technologically possible, it may not be ethical to do it.
What then is ethics?
Ethics is about standards of behavior that tell us how human beings ought to act in the many situations in which they find themselves as:
Friends
Parents
Children
Citizens
Teachers
Professionals and so on.
It is a body of principles or standards of human conduct that govern the behavior of individuals and groups
Ethics originate from the idea that there are certain moral principles that are common to all human beings.
There is therefore difference between ethics and morals
Morals are defined as those actions which are considered “right behavior” in any society.
Universality of ethical values
These values include, trustworthiness, integrity, fairness, and caring.
It is the universality of such ethical principles and values that gives support to the notion of moral absolutism.It is based on the assumption that there are eternal principles that exist beyond time and are always and everywhere applicable
Issues in Administrative Ethics
Some of the issues are-
- Recruitment and selection
- Disciplinary action or termination of appointment
- Patronage vs. merit systems
- Whistle-blowing
- Covering for the boss or colleague
- Conflict of interest
- Nepotism and patronage
- Use of public property for private use
- Gift giving and expectation
Ethical challenges in public administration in Ghana
Conduct of PA and affairs in Ghana is characterized by: an elite mentality, displaced sense of purpose, nepotism, distrust, disregard for time, absence of loyalty, paternalism, and gift giving and expectations.
An elite mentality – the perception of performing roles which were previously a preserve of the European
Causes of low moral standards:
1. Society
It is not possible to have moral public service from immoral society.
This is because the public servant is recruited from the society so if the society is corrupt then the public servants will logically be corrupt.
Secondly, the public service engages in constant interaction with the society. i.e. there is organic linkage source is corrupt then public servants would always be corrupt.
2. Economic condition
The difficulty of economic environment.
The economic conditions are bad the competition to survive is lowering the moral standards in society. There is therefore the conflict.
3. Competition
There is much stress to succeed in life by cutting corners/short circuiting the system.
This can create a situation of lowering standards in ethics.
4. State of political ethics
We are not sure and do not see anything wrong with people using political office to favor their near and dear ones.
There is political corruption and loss of control in government due mainly to bad supervision
5. Greed/selfishness/pleasure for profit
There is desire for gain because there is worship of money as a measure of success.
There is lack of personal integrity and moral life. Because integrity doesn’t allow for partiality-It involves wholeness
Drivers of high moral standards
Public disclosure: Publicity, wide media coverage and better communication. There should be “sunshine effect” as in the USA. Under this, because people wouldn’t like their actions to be given wide coverage or exposed and on that basis avoid such behavior.
Increased public concern: Public awareness and education is very important because sometimes people do not know the implications of their behavior. A better informed public therefore lowers unethical behavior and raises moral standard.
Societal pressure:
Society must be organized in such a way that people would feel ashamed when caught involved in unethical behavior rather than today that when people are sacked for misappropriating the society still respects them most especially when they can support groups and individuals financially.
Government regulation: There must be legislation and government intervention though one cannot legislate against However, there is the need for some kind of law.eg.on the sale of expired drugs, the use of bromide e.g. Should be punished
Openness: The public must have access to officials files because without the public having access to document covering the issues like declared assets, officials mail conceal private gains
No gift policy - Gifts may be offered in good faith. Or they may be given in the hope of attaining special benefit either presently, the future or even used as a reward for past experience. In all cases, all gifts must be refused. We need to use common sense and judgment to depart from the rule of life. “BUT THE TRUTH IS THAT GIFTS CORRUPT”.
Improved conditions of service: People who are fairly compensated develop a feeling of their worth as well as receiving tangible indication of the community’s estimations of their work. If salary is low people can easily be influenced and corrupted which suggests that paying respectable salaries may help officials to resist bribes/gifts.
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CONFLICT OF INTEREST
Ethical Dilemma
An ethical dilemma is a complex situation that often involves an apparent mental conflict between moral imperatives, in which to obey one would result in transgressing another.
In one way or the other, officials are in most cases caught in a tight corner in an attempt to make decisions at the workplace.
Whenever individuals are found in a position where they need to take crucial decisions, they usually find themselves in an apparent conflict whether to do this or that.
This scenario may also be described as predicament.
As public officials or public servants, making decisions in most cases may be difficult as individuals belong to various or several sects.
These sects appear to get some benefits or preferential treatment from officials.
Effect of unethical practices on the public sector
- Due to the pervasive nature of the behavior of public servants, ignoring the impact of their decisions on the larger audience becomes detrimental to society.
- Such disregard for ethical considerations might seriously affect civic morality of the citizenry. It also, in negative sense, affect the level of efficiency of public service delivery.
- A major task for public administrators is to develop a balance between the reality of public organizations and the public’s high expectation from them.
- The behavior of public sector officials depend on several factors - their environment, organizational context and their individual personal values.
- These variables determine the general orientation of the administrator towards action.
- Instead of promoting high standards of ethical conduct in the performance of their duties, significant number of officials at different levels of public administration, use public resources to satisfy their own personal needs, wishes and priorities. Financial loss
- Loss of trust
- Underdevelopment
- Human cause disaster/catastrophe
- Loss of life
- Skewed development
- National planning
Conflict of interest
“Two rams cannot drink from the same bucket at the same time, they will lock horns”; and it is also said that if you use your two eyes to look inside the bottle, it is the nose that usually sees inside.
The above suggests that public administrators should not foil themselves in two contrasting positions/stakes where one of such would necessarily affect their judgments or decisions and actions as public servants.
Conflict of interest is found in all situations and among different players; lawyers, judges, Public Administrators, referees etc. all come face to face with conflict of interest.
But it is heightened particularly in public sector management because the need to maintain public trust and confidence is critical.
Defining conflict of interest
“A ‘conflict of interest’ involves a conflict between the public duty and private interests of a public official, in which the public official has private ... interests which could improperly influence the Performance of their official duties and responsibilities.” (OECD 2003)
A conflict of interest can arise from avoiding personal losses as well as gaining personal advantage – whether financial or otherwise.
A conflict of interest involves a conflict between a public official’s duty to serve the public interest, and the public official’s private interests.
It occurs when you as a public official are in a position to be influenced, or appear to be influenced, by your private interests when doing your job.
A conflict of interest can involve avoiding personal disadvantage as well as gaining personal advantage.
Conflicts of interest cannot always be avoided or prohibited.
Unavoidable conflicts of interest need to be identified, disclosed and effectively managed.
Conflicts of interest are not wrong in themselves but how they are managed is very important.
Public officials are also private individuals, and there will be occasions when your own private interests may come into conflict with your public duty to put the public interest first at all times.
All conflicts of interest must be disclosed and effectively managed - It is the failure to adhere to the prohibitions governing conflict situations that may amount to an infringement of the rules.
A Conflict of interest situation arises when an office holder places himself in a position that results in a rivalry between his personal and official interests.
The rule derives its roots from the common law rule of natural justice, which postulates that no one should be a judge in his own cause. (Nemo judex in causa sua).
In Ghana, the rules on conflict of interest have been given elaborate expression in all legislation s, statutes, rules and regulations bordering on corporate governance.
The constitution of the republic of Ghana, The companies code, the Civil Service Act, and all other Acts of Parliament setting up Governmental agencies have provided room for the rules on conflict of interest.
Conflict of interest is within this broad framework of the difficulty of serving two masters that one is asked not to take or receive compensation from people for doing official work.
The Directive Principle of State Policy serves as guidelines to ethics in Public Administration.
The attempt to resolve the conflict of interest is to make people have confidence in the system.
The danger therefore exists to enter into conflict of interest without knowing.
The interest in the organization in which the official may have can be indirect e.g. a wife’s share.
Types of conflict of interest.
Depending on the nature, conflicts of interest may be classified into three namely actual, perceived or potential.
An actual conflict of interest involves a direct conflict between a public official’s current duties and responsibilities and existing private interests.
A perceived or apparent conflict of interest can exist where it could be perceived, or appears, that a public official’s private interests could improperly influence the performance of their duties – whether or not this is in fact the case.
A potential conflict of interest arises where a public official has private interests that could conflict with their official duties in the future.
Conclusion
- Definition
- Types and nature
- Management
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Some Basic Concepts in Public Administration
Local government:
Smaller decentralized political and administrative unit within a well-defined geographical area that exercises transferred powers and functions from the central government.
They are administrative offices that are smaller than a state, province or central government.
They are semi-autonomous bodies:
The exercise legal powers by making bye laws
They make their decisions and implement them
They are established by law [in Ghana PNDC Law 207 of 1988 and Local Government Act (ACT 462) established the local government units].
There currently 2016 local government units in Ghana.
Decentralization:
The transfer of responsibilities and authority to lower levels of administration within a country
The organization of government activities outside the headquarters of the central government.
It involves the transfer of resources by the central government to its agents outside its central operating unit.
Types of decentralization include:
De-concentration- transfer of responsibilities from headquarters ministries and departments to field staffs.
Devolution- transfer of powers from the central government local government units
Delegation- transfer of responsibilities to non-governmental organizations to act on behalf of central government.
Deregulation or privatization- from government to private sector.
Comparative Public Administration
Study of various administrative system in a comparative fashion across countries.It is the quest for patterns and regularities in administrative action and behavior of administrative system.
Bureaucracy
The concept refers how administrative execution of legal rules in an organization are organized especially in the public sector.
It is characterized with:
Standard procedure
Formal division of responsibility
Hierarchical and impersonal relationships
Organized to ensure the enforcement of universal rules
Institutions:
Institutions according to Ostrom (1990) are sets of rules which are used to determine who is eligible to make certain decisions in a particular arena.
They determine what;
Actions are allowed or constrained
Procedures are must be followed
Information must be provided
Pay-offs must be assigned to individuals etc
Governance:
Can refer to the way society sets, organizes and manages the rules that guide policy-making and implementation.
It may also be viewed as the traditions and the institutions by which authority in a country is exercised for the common good.
It is a very broad concept that operates at all levels
It covers:
How society selects its leaders
How the leaders are monitored and replaced
the capacity of the government to effectively manage its resources and implement sound policies
the respect of citizens and the state for the institutions that govern economic and social interactions among them etc.
Good Governance
Governance is said to be “good” when it allocates and manages resources to respond to collective problems.
Governance is also said to be “good” when it efficiently provides public goods of necessary quality to its citizens.
Good governance is thus assessed based on the quantity and quality of the goods and services provided by the state to citizens
Civil Service
Refers to civilian career public sector employee working for a government department or agency.
It may also include regional and other sub-state employees
It however varies from one state to the other
Civil Society
It refers to a population organized in associations voluntarily and independent from the state.
It consists of organizations that citizens create and join on their own, without any prompting or interference by government.
It main feature is that it is marked off from the state.
It includes
- interest based groups
- democratic political parties
- unions
- business associations
- charitable organizations
- social clubs
- religious and
- ethnic based groups.
Forms of Government
Authoritarianism
Refers to the system of governance where the form of social control is characterized by strict adherence to the authority of the state or organization.
It normally uses oppression to maintain and enforce control
Fundamental human rights are sometimes abused by the state
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DECENTRALIZATION
- What is decentralization?
- Types of decentralization
- Forms of decentralization
- Overview of Ghana’s decentralization policy
- Relevance of decentralization
- Problems or challenges of decentralization
Decentralization Concept
The term "decentralization" embraces a variety of concepts which must be carefully analyzed in any particular country before determining if projects or programs should support reorganization of financial, administrative, or service delivery systems.
Different types of decentralization should be distinguished because they have different characteristics, policy implications, and conditions for success.
Definition
- Decentralization is the assignment of fiscal, political, and administrative responsibilities to lower levels of government (Litvack et al. 1991) in a prevalent but controversial institutional reform.
- According to L.C. Smith (1997) it refers to delegation or devolution of central state powers of policy making and decision taking to lower levels of government.
- Smith (1985) sees it as reversing the concentration of administration at the single center and conferring powers on local government.
It is the transfer of authority and responsibility for public functions from the central government to subordinate or quasi-independent government organizations and/or the private sector – It is a complex multifaceted concept.
Process by which a central government formally transfers powers to actors and institutions at lower levels in a political- administrative hierarchy.
It therefore involves the transfer of power, functions, means and competencies from central government to the sub-national structures.
What is the Purpose of Decentralization?
Failure of centralized systems to deliver efficiently
Decentralization has the potential to ensure a more equitable distribution of resources
It is part of the good governance/democratization agenda
It is supposed to engender popular participation in decision-making
Various Types of Decentralization
Various forms of decentralization have implications for delivery of water and sanitation services, as our experiences have indicated:
- De-concentration
- Delegation
- Privatization
- Devolution
Administrative Decentralization
Transfer of public service delivery functions from central government to local governments, field offices of MDAs, etc
Two main types:
- Delegation
- De-concentration
De-concentration
It refers to situations where the national government shifts some administrative power to its own ministry offices at the local level.
Delegation
is when the national government delegates administrative authority to ‘parastatal’ organizations at the local or regional level.
Privatization
Transfer of economic planning, production, distribution or other economic functions from government to voluntary, private or non-governmental institutions
Devolution
Transfer of political power from central government to lower-tier authorities. It is the ultimate form of political decentralization
Full transfer of resource mobilization and allocation responsibilities from central government to an quasi-autonomous, sub-national public authority that is fully independent of the devolving authority
Usually culminates in the establishment and empowerment of local governments that is accountable to the local population.
Usually involves the establishment of a legal and regulatory framework
Devolution refers to national governments handing over administrative authority to legally recognized, geographically identifiable units of local government with their own elections.
TYPES: Fiscal Decentralisation:
Financial responsibility is a core component of decentralization.
If local governments and private organizations are to carry out decentralized functions effectively, they must have an adequate level of revenues –either raised locally or transferred from the central government– as well as the authority to make decisions about expenditures.
The restructuring of existing systems of resource mobilization and allocation with the aim of empowering local government authorities to perform their decentralized functions
Fiscal Decentralization may include:
Formulas for transferring revenue to local governments;
Legally empowering local governments to collect and retain some taxes, fees, etc;
Legally empowering local governments to prepare their own budgets and disburse funds
It is a key ingredient for successful devolution.
Fiscal decentralization can take many forms, including:
self-financing or cost recovery through user charges,
Co-financing or co-production arrangements through which the users participate in providing services and infrastructure through monetary or labor contributions;
expansion of local revenues through property or sales taxes, or indirect charges;
intergovernmental transfers that shift general revenues from taxes collected by the central government to local governments for general or specific uses; and
Authorization of municipal borrowing and the mobilization of either national or local government resources through loan guarantees.
In many developing countries local governments or administrative units possess the legal authority to impose taxes, but the tax base is so weak and the dependence on central government subsidies so ingrained that no attempt is made to exercise that authority.
Political Decentralization
Political decentralization aims to give citizens or their elected representatives more power in public decision-making.
It is often associated with pluralistic politics and representative government, but it can also support democratization by giving citizens, or their representatives, more influence in the formulation and implementation of policies.
Advocates of political decentralization assume that decisions made with greater participation will be better informed and more relevant to diverse interests in society than those made only by national political authorities.
The concept implies that the selection of representatives from local electoral jurisdictions allows citizens to know better their political representatives and allows elected officials to know better the needs and desires of their constituents.
Political decentralization often requires constitutional or statutory reforms, the development of pluralistic political parties, the strengthening of legislatures, creation of local political units, and the encouragement of effective public interest groups.
Administrative Decentralization
Transfer of public service delivery functions from central government to local governments, field offices of MDAs, etc
Overview of Ghana’s Decentralization Policy
Re-demarcation of administrative jurisdictions (metropolitan areas, municipalities and districts)
Establishment of Metropolitan, Municipal and District Assemblies
Establishment of sub-district structures: Town/Area Councils, Unit Committees,
Restructuring of resource allocation & resource sharing b/n central & local governments
E.g. District Assemblies Common Fund, land rates and minerals royalties, grants, transfers, and external credits to local governments
Designating M.L.G.R.D as the agency responsible for implementation of the decentralization policy
Establishment of N.D.P.C to co-ordinate decentralized development planning
Establishment of structures and mechanisms to enhance probity, accountability and transparency in public administration at all levels of government
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BUREAUCRACY.
Max Weber 1864 - 1920
The Theory of Bureaucracy
Max Weber (1864–1920) wrote at the turn of the twentieth century, when Germany was undergoing its industrial revolution.
To help Germany manage its growing industrial enterprises at a time when it was striving to become a world power, Weber developed the principles of bureaucracy
Bureaucracy may be defined as a formal system of organization and administration designed to ensure efficiency and effectiveness.
A bureaucratic system of administration is based on five principles
Bureaucracy: Max Weber
He was Sociologist and Political Economist
It was untapped relevant theory except in Germany
It was not translated until 1922 and was still done in a fragmented and disjointed manner
It was initially used out of context and misinterpreted.
Bureaucracy abused?
The terms bureaucrat, bureaucratic, and bureaucracy are clearly invective s.
Officials rarely address themselves as bureaucrats or their methods of management, bureaucratic.
These words are mostly applied with a negative connotation.
They always imply a reproachful criticism of persons, institutions, or procedures.
The abusive implication of the terms in question is not limited to Ghana and other African countries. It is a universal phenomenon
The concept of Domination
Probability that certain specific commands will be obeyed by a group of persons.
The claims to legitimacy.
Does not always imply any form of obedience of exercising influence and authority.
But there must be a minimum of voluntary compliance.
There must be an interest to obey -
Types of Authority
There are three pure types of legitimate domination which is based on three distinct grounds namely:
Rational ground – rest on a belief in the legality of enacted rules and the right of those elevated to authority under such rules to issue commands.
Traditional grounds – rest on an established belief in the sanctity of immemorial traditions and the legitimacy of those exercising authority under them, or
Charismatic grounds – rest on devotion to the exceptional sanctity, heroism or exemplary character of an individual person, and of the normative the normative patterns or ordeal revealed or ordained by him.
Three types of Authority
The above grounds translate into three types of authority. These are:
Traditional authority –
Rational-legal authority –
Charismatic authority –
Each authority has its own administrative structure
But only the traditional and legal rational are stable enough to provide a firm foundation for a permanent administrative structure
And the traditional structures are gradually given way to rational-legal structures
Charismatic authority arise in periods of instability and crises when individuals believed to possess special gift of mind and spirit emerge to offer extra-ordinary measures.
Routinization of charisma
For charismatic authority to persist, it must move towards one of the other two stable forms.
To means more participants are included in the leadership and
Voluntary support gives way to systematic one
Relationships move from personal to a more formal and impersonal relations
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