Ethics for contemporary bureaucrats : navigating constitutional crossroads

231 Pages·2020·6.798 MB·English

by  Nicole M. Elias (editor), Amanda M. Olejarski (editor)

ETHICS FOR CONTEMPORARY
BUREAUCRATS
In the current United States (U.S.) context, we are facing a constitutional
crisis with frequent government shutdowns and new debates surrounding
immigration, climate change, budgeting practices, and the balance of power.
With competing interests, unclear policy, and inconsistent leadership directives,
the question becomes: How do contemporary bureaucrats make sense of this
ethically turbulent environment? This collection provides a lens for viewing
administrative decision-making and behavior from a constitutional basis, as
contemporary bureaucrats navigate uncharted territory.
Ethics for Contemporary Bureaucrats is organized around three constitutional
values: freedom, property, and social equity. These themes are based on
emerging trends in public administration and balanced with traditional
ethical models. Each chapter provides an overview of a contemporary ethical
issue, identifies key actors, institutions, legal and legislative policy, and offers
normative and practical recommendations to address the challenges the issue
poses. Rooted in a respected and time-tested intellectual history, this volume
speaks to bureaucrats in a modern era of governance. It is ideally suited to
educate students, scholars, and public servants on constitutional values and legal
precedent as a basis for ethics in the public sector.
Nicole M. Elias , PhD, is an assistant professor in the Department of Public
Management at John Jay College of Criminal Justice, CUNY and Founding Co-
Director of Women in the Public Sector. Her research focuses on social equity in
public administration and policy, with an emphasis on ethics of administration,
management of human resources in public organizations, and public policy
impacts on different populations. She regularly collaborates with practitioners
in government agencies and non-profit organizations. She is a research partner
with the New York City Commission on Gender Equity. Dr. Elias held a
research fellowship at the U.S. Equal Employment Opportunity Commission
Office, U.S. Department of Defense Equal Opportunity Management Institute
(DEOMI), and served as the Lead Faculty Advisor to the U.S. Office of Personnel
Management on the 2016 Government-wide Inclusive Diversity Strategic Plan.
Dr. Elias is the author of numerous journal articles, book chapters, government
reports, and practitioner training modules on means of fostering greater representa-
tion and inclusion in public service.
Amanda M. Olejarski , PhD, is the Department Chair and MPA Director at
West Chester University and teaches graduate and doctoral courses in public
policy and administration. Her research has been published in Public Administration
Review, American Review of Public Administration, Administration & Society, among
others. She is the author of two books on ethical decision-making. Olejarski
serves as Immediate Past President of the Keystone State ASPA Chapter, chair of
NASPAA’s Pi Alpha Alpha Committee, and managing editor of Public Integrity.
Originally from New Jersey, she lives in King of Prussia, PA with her husband,
sons, and rescue cats. She enjoys g ardening and Wawa.
ETHICS FOR
CONTEMPORARY
BUREAUCRATS
Navigating Constitutional
Crossroads
Edited by Nicole M. Elias
and Amanda M. Olejarski
First published 2020
by Routledge
52 Vanderbilt Avenue, New York, NY 10017
and by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2020 selection and editorial matter, Nicole M. Elias and Amanda
M. Olejarski; individual chapters, the contributors
The right of Nicole M. Elias and Amanda M. Olejarski to be identified
as the authors of the editorial material, and of the authors for their
individual chapters, has been asserted in accordance with sections 77
and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or
reproduced or utilised in any form or by any electronic, mechanical,
or other means, now known or hereafter invented, including
photocopying and recording, or in any information storage or retrieval
system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks
or registered trademarks, and are used only for identification and
explanation without intent to infringe.
Library of Congress Cataloging-in-Publication Data
A catalog record for this title has been requested
ISBN: 978-0-367-86208-4 (hbk)
ISBN: 978-0-367-86190-2 (pbk)
ISBN: 978-1-003-02036-3 (ebk)
Typeset in Bembo
by Lumina Datamatics Limited
This work is dedicated to Clorinda Rose,
Mauro Robert, and Luca Nicholas.
—Nicole
This work is dedicated to both of my Ryans and Kevin.
—Amanda

CONTENTS
Figures x
Tables xi
Editors xii
Contributors xiii
Foreword xviii
Acknowledgments xxi
Introduction: The Constitutional Tradition in Public
Administration Ethics 1
Larkin Dudley, Nicole M. Elias, and Amanda M. Olejarski
PART I
Freedom: Calling Health, Safety, and Financial
Security into Question 9
1 Civil Servants on the Front-Lines of Greenhouse
Gas Regulation: The Responsibilities of Public
Administrators to Protect the Public in the Face
of Recalcitrant Political Institutions 11
Michelle C. Pautz
2 Regime Values in Disaster Management 34
Patrick S. Roberts
viii Contents
3 Advancing Administrative Ethics through
Needs-Based Budgeting Practice 43
Kate Preston Keeney and Michael S. Keeney
4 Freedom v. Fairness: How Unresolved Normative
Tension Contributed to the Collapse of the U.S.
Housing Market in 2008—and Policymaker Inability
to Reform It a Decade On 58
Susan W. Gates
PART II
Property: New Forms of Property
Reinvigorating Long-standing Debates 75
5 Due Process and Property: What Process Is Due? 77
Amanda M. Olejarski and Sue M. Neal
6 Property, Intellectual Property, and Ethics
in Public Administration 89
Sara R. Jordan
7 Privacy as a Supra-Regime Value: The Ethical
Argument for a New Evolution of Regime Values
to Better Protect Financial Privacy in
Local Governments 102
Mike Potter
8 Property and Emerging Institutional Types:
The Challenge of Private Foundations in Public
Higher Education 113
Kathryn E. Webb Farley
PART III
Social Equity: The New Frontier
of Diversity and Inclusion 129
9 Non-binary Gender Identity: Challenging Public
Values and Reshaping Institutions 131
Nicole M. Elias and Gwendolyn Saffran
Contents ix
10 Social Equity and Voting Rights: A Shrinking Regime 148
Susan T. Gooden and Brandy S. Faulkner
11 A Proposal for Strategic Controls to Ensure
Social Equity in the Criminal Justice System 165
Henry Smart III
12 Advancing Social Equity through Increased Access
to Residential Broadband 179
Daniel Boden and Roy Kirby
Conclusion: Where the Constitution Can Lead Us 195
Nicole M. Elias, Amanda M. Olejarski, and Sue M. Neal
Index 200