Players in the Public Policy Process Nonprofits as Social Capital and Agents Herrington J. Bryce Players in the Public Policy Process Copyright © Herrington J. Bryce, 2005. All rights reserved. No part of this book may be used or reproduced in any manner whatsoever without written permission except in the case of brief quotations embodied in critical articles or reviews. First published 2005 by Palgrave Macmillan™ 175 Fifth Avenue, New York, N.Y. 10010 and Houndmills, Basingstoke, Hampshire, England RG21 6XS. Companies and representatives throughout the world. PALGRAVE MACMILLAN is the global academic imprint of the Palgrave Macmillan division of St. Martin’s Press, LLC and of Palgrave Macmillan Ltd. Macmillan® is a registered trademark in the United States, United Kingdom and other countries. Palgrave is a registered trademark in the European Union and other countries. ISBN 1–4039-6829–2 hardback Library of Congress Cataloging-in-Publication Data Bryce, Herrington J. Players in the public policy process : nonprofits as social capital and agents / Herrington J. Bryce. p. cm. Includes bibliographical references and index. ISBN 1–4039-6829–2 1. Nonprofit organizations. 2. Non-governmental organizations. 3. Political planning. I. Title. HD2769.15.B79 2005 320.6—dc22 2004048838 A catalogue record for this book is available from the British Library. Design by Autobookcomp. First edition: April 2005 10 9 8 7 6 5 4 3 2 1 Printed in the United States of America. To Simon J. Bryce and Myra Bryce-Laporte and their children and their children’s children and to those who in partnership gave them life and character and to all the people of LaBoca, Paraiso, and Gamboa This book systematically develops the perspective of nonprofits or nongovernmental organizations (NGOs) as social capital assets and agents of public policy within the principal-agent paradigm and across public purposes—foreign or domestic, religious or sectarian, in developed or developing countries. The perspective has universal applicability and allows us to go beyond assumptions of market or government failure. Moreover, the perspective reflects the competitive situation in which nonprofits frequently find themselves when bidding against firms for government contracts. The analysis identifies five factors that could offer nonprofits a clear, competitive advantage over firms and governments in certain contract bidding. The perspective yields a set of implications for the strategic positioning of nonprofits in the public policy arena, and yields a new functional classification that includes nonprofits not merely as service providers but as managers of significant social risks, as market and transaction regulators, and as centers of collective action along the full spectrum of public policy issues. Nonprofits influence our electoral choices of politicians (policymakers) and through the latter, nonprofits influence the appointments of those who design, plan, and administer policy within the public bureaucracy. Inside and outside the bureaucracy nonprofits influence policy choices, the protocols, the practices, and the success or failure of policy implementation. The central contribution of this book is the articulation of a perspective of how nonprofits play these varied roles as social capital assets and agents for the public’s purposes and the subsequent theoretical, practical, and managerial implications of this functional view. Insightful, innovative, and well-grounded; strongly recommended. —Julian Wolpert, Henry G. Bryant Professor of Geography, Public Affairs, and Urban Planning; Chair, Program in Urban and Regional Planning, Woodrow Wilson School, Princeton University The increasing role of nonprofits as agents of public purpose creates both opportunities and risks. This book helps us better to understand the sources of the opportunities and the nature of the risks. —Steven Kelman, Weatherhead Professor of Public Management, John F. Kennedy School of Government, Harvard University Timely, fresh, and innately significant. —Clarence Stone, author of Regime Politics This book raises all the important issues that the appraisal of non- profits’s role in governance should. Serious students of public policy ought not to ignore this theoretically sophisticated and empirically informed work. —Theodore R. Marmor, Professor of Public Policy and Manage- ment, Yale University School of Management Contents Acknowledgments viii Preface xi Part I: The Need for a Policy Perspective of Nonprofits Chapter 1: The Significance of the Principal-Agent Paradigm 3 Chapter 2: The Policy Significance of Nonprofit Organizations: Beyond the Limits of Failure 11 Part II: Nonprofits as Social Capital Assets and Agents of the Public Chapter 3: The Nonprofits as Social Assets and Agents of Public Policy 33 Chapter 4: Nonprofits as Agents of Public Policy: A Paradigm of Principals and Agents 59 Chapter 5: The Choice of Nonprofits as Agents of Public Policy 81 Part III: Agency Powers, Performance, and Problems through the Prism of the Principal-Agent Paradigm Chapter 6: Housing and Community Development: A Case Study of an Agency Function 121 Chapter 7: The Performance of Agents: Acute Care Hospitals and Community Benefits 141 Chapter 8: Policy Formulation, Nonprofit Advocacy, and the Principal-Agent Framework 163 Part IV: Problems of Regulating the Nonprofit Agent and the Foreseeable Challenges of Management Chapter 9: Regulating the Finances of the Agent 183 Contents vii Chapter 10: The Nonprofit as a Self-Regulator 203 Chapter 11: The Implications for Strategic Planning and Positioning 219 Notes 237 Author Index 263 Subject Index 267 Acknowledgments A book like this does not come easily or quickly, and I acknowledge the experiences that shape it. I first met Emile Durkheim, Max Weber, Talcott Parsons, James Coleman, and Neil Smelser through their writings at the Maxwell School at Syracuse University through Professors S. M. Miller and Irwin Deutscher as I pursued a minor in sociology (theory) while getting a Ph.D. in economics (public finance). My interest in state and local govern- ments came from professor C. Van Eaton at Minnesota State University. The blending of interest in these academic streams occurred over decades of both academic and public policy experiences on the local, state, and national levels. In this book I draw from actual public policy experiences. I evaluated community development corporations for the Ford Foundation while a senior economist at the Urban Institute, and I paid particular attention to urban economics and local governance at the Joint Center for Political and Economic Studies. Through the auspices of the Joint Center and the Academy for State and Local Governments, I completed books on city planning, city revitalization, cities and firms, and the growth and decline of small cities, while simultaneously a fellow at the Institute of Politics at Harvard. And later I accepted faculty positions at the Massachusetts Institute of Technology and the University of Maryland in planning-related courses. As vice president for research and operations at the Academy of State and Local Governments, I was confronted with policy from the purview of elected officials whose political careers depended on successful policy implementation while engulfed in strong, and competing interests. The Academy was operated on behalf of the National League of Cities, U.S. Conference of Mayors, the International City Management Association, Council of State Governments, the National Governors Association, the National Association of County Officials, and the National Conference of State Legislators. Part of my responsibilities was to coordinate their views with the views of private sector representatives such as the U.S. Chamber of Commerce in a forum, the National Urban Roundtable, which contributed to the annual report of the Secretary of the Department of Housing and Urban Development. Frontline exposure was also gained as a member of the board of directors at the National Council for Urban Economic De- velopment—an organization of state and local economic development officials. I am also grateful for the experience of being on a number of national, state, and local boards dealing with financing. These boards range from a budget committee in Montgomery County (Maryland) to the Treasury Acknowledgments ix Board of the Commonwealth of Virginia, which determines the terms of and issues all state-sponsored debt—exposing me to the financing side of policy and the responsibility of being a signatory trustee for such debt whether in the form of general obligation or revenue bonds. From the federal financing perspective, I was fortunate to be commissioned by the U.S. Bureau of Census (on whose advisory board I served) to analyze the impact of the decennial undercount on state and local government transfer payments and to have that exercise culminate in a manuscript introducing an alternative distribution method that published in the Proceedings of the American Statistical Associations. Through Dr. Carole Neves (now Director, Office of Policy Analysis, Smithsonian Institution) and Scott Fosler of the National Academy of Public Administration I got to expand my appreciation of policy in the former communist countries by working with local officials in Russia, Estonia, and Georgia. It is in these countries that I became appreciative of how much the nonprofit sector contributes to the quality of life, lower budgetary burdens, decentralization, and greater local satisfaction in the United States, and that ‘‘the’’ market as we know it in the United States depends upon several nonprofit organizations for its efficiency and order, which are explored in this book. This international experience was preceded by a project, financed by the Agency for International Development, to head a committee of educational officials in Panama to design a plan to implement a large-scale educational reform program and one in Berlin, financed by the German Marshall Fund, to design a study of cross-national urban development. The nonprofit strain in this book comes from managerial, editorial, and advisor experiences, including the advisory boards of Guidestar and the National Council of Nonprofit Enterprise, being the special editor on nonprofits for the American Management Association Handbook, and as the editor and principal writer of Not-for-Profit Financial Strategies, a newsletter published by Harcourt Brace for CEOs, CPAs, and CFOs of nonprofit organizations. With respect to specific classes or organization, I am grateful to Frances Kuecker and the editors of Health Care Management Review, and Russell Taylor of National Arts Strategies My interest in the law and contracts and in nonprofits as market regulators arose in my CLU and ChFC studies through the American College. But it also comes from having so many lawyers in the immediate family—Beverly, Marisa, Herrington Simón, and Shauna Bryce and then Matthew Queler, Henry Morris and Rene Bryce-Laporte—and so many law books and journals around. I am pleased that the most recent edition of my book Financial and Strategic Management for Nonprofit Organizations is listed among the suggested references by the American Bar Association (Business Law Section) and the American Society of Corporate Secretaries— the second edition having been recommended by the Journal of Law and Arts Management. This type of acceptance emboldens and encourages investigations such as those represented in this book.
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