Getting in Gear
James Krohe Jr. is a contributing editor of Illinois Issues. Last month, he wrote about transitions from the perspective of a new governor. See "Rearranging the pieces," January, page 14.
The voters have made their choices and the officials have taken their oaths. Now the machinery of state government cranks back up
Essay by James Krohe Jr." Illustrations by Daisy Juarez
Lincoln once said it's best not to swap horses while crossing the river. He may have come to that wisdom in Springfield, watching the tumult that erupts in the capital during a change in state administration.
During a gubernatorial transition in particular, all is excitement. Campaign gofers contemplate their transformation into spokespersons. Hacks and paper-pushers go to sleep with visions of job plums dancing in their heads. A transition is one of the few times when the gossip at holiday parties in Springfield is interesting; by early January of this year, at least half a dozen names could be heard as prospects for the top job in George Ryan's environmental protection agency alone.
Yet for all the hoo-ha, nothing really seems to change much. Is a transition an opportunity wasted, or a catastrophe averted? Conversations with current and former directors and veteran state employees suggest that it is both.
An agency agenda — "agency" here refers to all state of Illinois departments, commissions, agencies and boards — has at least three items on it at the start of any new administration: What the new governor hopes to do, what its new director is able to do and what the agency is willing to let them do.
During its first few weeks, a new administration is able to think instead of do. A change of governor thus seems a perfect time for stocktaking, a time to assess whether the programs of its predecessor deserve to be dropped, or amended.
Gov-elect George H. Ryan followed Jim Edgar's lead and seized the transition as an opportunity for reviewing policy as well as staffing. The two are linked to the extent that policy decisions condition the choice of agency directors; a sensible governor doesn't pick a fire-breathing reformer if he intends to maintain the status quo, for example.
Unfortunately, the 11 -week lag between Election Day and the inauguration, which seemed too long once the state paved the roads to Springfield, now seems much too brief. A new administrative team, especially that of a new governor, barely has time to list all the programs it inherits, much less master myriad details. Current administrators are usually quizzed by transition staff about the status quo, but the former are not always frank with their potential bosses about their agency's weaknesses, assuming they know about them in the first place.
The transition team thus finds itself in the same bind as a car buyer who has to make up his mind about a new model without having taken it for a drive. In December of 1990, when Gov-elect Jim Edgar was preparing to take office, the state's auditor general released a report asserting that the state departments of Public Health, Public Aid and Children and Family Services, which jointly administered Parents Too Soon, a much-ballyhooed $20 million teenage pregnancy reduction program, couldn't prove the program was the cause of changes in pregnancy rates. Edgar decided to keep it on the grounds that — as one of his top aides put it — while it may have been difficult to prove the program was having an impact, it also was difficult to prove that it wasn't having an impact.
Campaign position papers do not constitute an administrative agenda. Campaigning is about what might be done; governing is about what can and must be done. A new governor in particular will not have a policy position on most programs, or at least one that is detailed enough to be useful. Most governors leave it to the new director to sort out the details of what needs to be done.
Often, interest groups fill this policy vacuum, but an agency's career staff does too. Every agency has policies and priorities of its own. Often these are not articulated, even to — perhaps especially to — its directors. But they are deep-rooted. Because they reflect the agency's accumulated wisdom, staffs are often more deeply committed to them than to the whims of a director. Career staff argue these policies first in briefing papers to transition staff, later in meetings with the new team.
16 February 1999 Illinois Issues
Governors often embrace these ideas gratefully. (They were elected to do something, after all.) The bureaucracy thus imposes policy on the new administration as often as the reverse. The role of policy in shaping a new administration is usually exaggerated, anyway. As one director puts it, it is not necessarily policies that distinguish one administration from another. Illinois has long since worked out a broad consensus on matters of importance,and the arguments between this candidate |
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Illinois Issues February 1999 17
and that one are about incremental changes, relative emphasis, style.
For agency staff, adapting to new managers often proves harder than adapting to new policies. The variety of personal administrative styles that agency directors or elected officers employ to implement policies is much wider than the range in the policies themselves. And much of what goes on during a transition is motivated by the desire to make a favorable impression on the incoming boss.
In that sense, a transition is like an arranged marriage. Agency staff wish to please the new boss because their future comfort and well-being depend on it. But they also suffer great anxiety because they do not know exactly how to please her.
Some directors report that their main job in the weeks during a transition is simply to keep staff calm. (As one puts it, people obsess about the prospect of change because that's what people do.) Happily, state operations don't grind to a halt during a transition. A certain momentum is generated by the work itself, and except when agencies are being merged or created from scratch, decision-making systems and procedures are already in place.
This is not to suggest life in agencies is merely routine during a transition. The agency often is presented with new programs intended to advance the political agenda of the governor by placating special interests or the larger public; sometimes this means improving the programs, but in most cases it merely adds to them, or shuffles them in ways that give the illusion of new approaches. A looming transition usually spurs a departing governor to move his staff from top jobs, from which they risk being bounced, into lesser posts. Their accumulated experience goes with them, and while it is not lost to state government, it is lost to the agencies involved, at a time when it is needed most. At the same time, career staff must learn who among the new class is well enough placed, politically, to protect them — and thus is worth cultivating — with budget-makers and legislative foes; a wrong choice can leave their favorite programs vulnerable. |
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Further, staff is distracted preparing briefing papers for the new team — not a useless exercise by any means, as it gives the agency a little perspective on what it does, but often such missives are more billetdoux than blueprint. Finally,conscientious incumbent directors generally think it inappropriate to make a decision about, say, long-term funding or a collaborative agreement with another agency that commits the agency's new regime to something it hasn't had a chance to approve. For weeks prior to a transition, therefore, programs can sit idling.
Overall, however, the agency routine remains fairly normal. Which is not a bad thing. If the Illinois Constitution guarantees political stability during a change of governors, the bureaucracy guarantees administrative stability. The bureaucracy's famous dead weight, so frustrating to a new director itching to do more than pick out the new carpet in the office, is the source of much of its value to the public. It acts as a flywheel whose sheer weight stabilizes the gyrations of policy and politics from one administration to the next. Because of its inherent stability, a new governor can risk placing an indifferent manager — usually a politico — in charge of many agencies. (The departments of Revenue and Transportation are two of several in Illinois whose strong middle management teams enable them to survive directors who are less than the best.) To frustrated staffers in the Statehouse,however, this virtue of the bureaucracy is also its vice. From that vantage point, career civil servants often seem to take the attitude toward a new administration that the longtime Illinoisan takes toward winter: It will blow over eventually, so just hunker down and wait. As well as the dullards who resist change simply because it is change, state offices seem crammed with predecessors' patronage hires who oppose new approaches out of politics or pique.
Inertia and partisan subversion are common enough in the cubicles, but those are not the only grounds on which conscientious civil servants may take issue with a new administration. They, more than anyone apart from their agencies' hapless clients, know how much needs to change about the ways many state agencies do business. The problem with new directors, from the careerists' point of view, is that they want to change too much,or they want to change too fast, or they want to change merely to make a show of shaking things up, whether or not it actually advances the work
18 February 1999 Illinois Issues
of the agency. A typical result is the
announcement made by Gov.
Edgar's first Children and Family
Services director, who — she said —
had inverted the agency's organization chart, putting the families and
children at the top with administrators at the bottom. This is the sort of
"reform" that leaves administrators
rolling their eyes. As long as it is left
at the level of public relations,
such stunts do no real harm to the
agency's work. Too often, however,
such early initiatives will be expensive, needlessly disruptive or insufficiently thought out. And a really
serious reformer can come up with
ideas that are all these things at once.
Of course, the resistance of some
career employees to a new administration is not always principled.
Bureaucrats cover their rear ends
when asked to take controversial
action, just as governors do. But
what a governor's staff sees as
obstructionism is to veteran state
administrators a skepticism born of
experience. The careerist knows he
has to be cautious when somebody
new comes in and says, "What you're
doing isn't important. Start doing
this now." That guy may be gone in a
few months, and the careerist will
still be there.
That career administrators don't
always see eye to eye with even well-meaning new directors should not
surprise. A large agency in particular
is a settled community, with its own
history, its own traditions, its own
mores. While each gubernatorial
administration develops its own
decision-making culture, that
influence lasts only until that administration is replaced. The permanent
culture of an agency is shaped not by
governors and their appointees but
by its resident middle managers,
unions, interest groups, and — these
days — professional accrediting
organizations and watchdog groups.
In short, the names on the letterhead change after a transition but
not much else, at least at first. A new
administration begins its first term
working from spending blueprints
essentially drawn up by its predecessor. As the larger departments have staffs of several
thousand, even a conscientious
director can take months to meet,
much less get to know, all the people
in the department who affect the way
things are run. Meanwhile she must
rely on senior department staff to
instruct her, people who tend to be
Politburo types more likely to
explain what can't be done than what
might be done. Overwhelmed by
meetings and budget deadlines, they
don't pay much attention to the
details of the day-to-day operations.
They don't have time to be creative,
look at fresh approaches or redefine
an issue.
Typically, newly appointed administrators are suspicious of everything
and everybody. In spite of the lip
service given to the new boss' right
to reshape program priorities within
an agency, many agency staffs —
including soon-to-be-replaced
directors — try to make that as hard
as possible. Projects to which the
present regime is committed, and
which may be chopped by their
successors, are put on a fast track in
the hope that too much will have
been invested for the new administration to abandon them. This sort
of preemptive decision-making is
usually rooted in the belief — not
unfounded — that the experienced
insiders know more about what
needs to be done in their field than
the neophytes waiting in the lobby.
A new director may think of himself as the CEO of a large organization, in short, but in most cases he is
more like a colonial administrator
whom the natives are obliged to obey
but not respect. Changing one part
of this community is hard to do;changing it fast, especially by diktat,
is impossible, and is as likely to
stimulate insurrection as innovation.
A recent report on presidential
transitions by the federal General
Accounting Office fretted about
what it called the "generally poor
relationship between political
appointees and career leaders and
managers." It's hard to generalize about the state of relations between
those two camps in Illinois agencies.
Careerists accept that a new governor's policy choices are often politically driven. What rankles many a
nonpartisan civil servant is the many
other ways that politics complicates
their work. Where relations are bad,
political interference in day-to-day
agency operations is often the cause.
In the old days, virtually the whole
state establishment owed its employment to political appointment. New
officers could fire as well as hire
without showing cause. When Adlai
Stevenson took office in 1948, for
example, he had it in his power to put
new people not only at the top desks
of the code departments and assorted commissions, but to dismiss and
replace some 30,000 regular employees. The first task facing any new
agency head was to fire the other
guy's guys. The aim was less to make
the agencies work for you than to
keep them from working against you.
A new administration, especially
one that brought a new party as well
as a new governor to power, thus hit
Springfield like the Visigoths looting
Rome. Whole staffs at some agencies
were driven into exile. Bureaucracies
may not have been delicate organisms, and not all the people let go in
these quadrennial purges were
paragons as public servants, but such
wholesale changes in personnel
would unsettle any organization.
In the past 50 years or so, a
tougher state personnel code,
antipatronage lawsuits and creeping
professionalization have dramatically reduced the ability of a new
governor to replace state employees.
For example, as the Edgar Administration first took office, not quite
3,500 state jobs were designated as
political appointments under terms
of the U.S. Supreme Court's ruling
in the Rutan antipatronage case.
That 1990 decision outlawed hiring
or promoting rank-and-file government workers because of their political affiliations. (An earlier court
decision banned firing rank-and-file
workers for political reasons.) Even
counting the 140 or so Cabinet
Illinois Issues February 1999 19
members and department heads and
their assistants that he is obliged to
appoint by statute, a new governor
can use political consideration in less
than 5 percent of the nearly 67,000
state executive agency jobs he can
appoint. The same trend affects the
operations of other elected officers.
The secretary of state's office, once
one of the lushest trees in the
patronage orchard, officially has
only 121 patronage positions out of
a staff of some 3,400 — not even 4
percent.
Thus, though state government
has grown enormously in 50 years,
any one governor is limited in the
damage — or improvement — he
can wreak on the state bureaucracy.
A governor today must name
directors for 30 code departments or
equivalents compared to 13 in
Stevenson's day, and is responsible
eventually for appointments to
nearly 300 committees, commissions,
boards, councils and authorities —
nearly three times the number in
1948. However, the proportion of all
these posts that are or can be
changed by a new administration
today is much smaller than it was
then. Agency directors report that
early retirement is much more
harmful to smooth operations than a
change of administration.
This is good news to antipatronage
reformers — who do not include all
"good government" types — who see
the job shuffle that attends a transition as at best inefficient and at
worst a misappropriation of public
resources. Indeed, talented and
experienced upper-level managers
are let go by the dozens, usually to
be replaced by people who are exactly like them in every way, save experience. The view that prevails at the
moment in the courts, however,
holds that patronage hiring and
firing of senior administrators is
essential to what Justice Lewis F.
Powell, in a dissent in a key 1976 U.S.
Supreme Court case involving
patronage in the Cook County
sheriff's office, called the "practical
functioning of our democratic
system." If the public is going to
hold a governor and other elected
officials responsible for what their
agencies do, then they must have a
free hand to ensure that agencies do
their bidding.
Jim Edgar, who made headlines
in 1996 with his plea in favor of
patronage, was not the first governor
to learn that the assumption of the
courts — that a government's
interest in securing effective
employees can be adequately served
by choosing or dismissing high-level
employees on the basis of their
political views— is unfounded. A
The British have a move civil system
Fewer toes might be stepped on if the boundaries between appointees and careerists were
more clearly drawn. Resentments naturally build
when each faction is forever intruding on what the
other sees as its turf.
In Great Britain's national government, each
Cabinet department is headed by a permanent
secretary who works under a minister appointed by
successive governments in power. The permanent
Cabinet secretary is the administrative director of
the department, in effect, while the appointed
Cabinet minister functions as its political and
policy director.
The lines are never so clear-cut in practice, but in
theory the permanent secretary system accepts that
politics and the bureaucracy are separate realms.
The permanent secretary acts as an emissary of
the bureaucracy to power, and the minister serves
as the government's ambassador to the often very
foreign-feeling domain of the bureaucrat.
The Cabinet secretary system was set up in
Britain because parliamentary governments —
unlike Illinois'— are liable to change at any
moment, creating a need for institutional stability
to balance political instability. In Illinois, after a
brief break-in period whose effects on the agency
are akin to suffering a single cold in the course of
a long winter, the alert director becomes her own
permanent secretary. The problem is that crucial
experience is lost to the next director when the
incumbent flees to a safer job, or moves on to the
sunnier pastures of the private sector.
Still, it is not hard to imagine that transitions
would be easier if every agency had a permanent
secretary to guide a new administration into place
— an institutional mentor, in effect.
The official relation between appointees and
careerists is, after all, the same in Illinois. What is
lacking is a formal system of prerogatives and
protocols to manage it. Such a system was astutely
observed in the BBC TV comedy series, "Yes,
Minister"— videotapes of which ought to be
required viewing by Springfield's newest batch of
directors-designate, who might find that they could
use a few laughs.
James Krohe Jr.
20 February 1999 Illinois Issues
director cannot drive even a small
agency all by himself. State offices
are crammed with patronage
hires who have a hundred ways to
frustrate a program that falls short
of dismissable nonperformance.
An agency director is widely assumed to be the bureaucrat's
bureaucrat, but management skill is
not what the job usually requires, or
rather is not all that the job requires.
The director's job is one of the most
complex in state government. He is
at once manager, politician and
policy innovator. He is the governor's man in the agency and the
agency's man in the Statehouse
— and his own man in neither
place. National surveys of senior state administrators have
found that
they spend only about a third of
their time on actual management; the rest of their week is spent on the
stump or playing policy adviser to
superiors, among other chores.
Relatively few new directors are
management specialists when they
take over — a notable difference
from the way things are done in, say,
big business. Most new directors
come from policy or political backgrounds. A few — Edgar transportation Director Kirk Brown, several past Public Health directors, among
others — are professionals turned
managers; others accept the job
to get their ticket punched before
seeking private-sector careers.
This is not to say that good
management does not matter to an
agency. The rank and file crave a new
director who sees to it that the copying machines work and the print
shop runs smoothly. A new governor
expects an agency to be run well
enough not to embarrass the administration with expensive inefficiencies
or scandals, a la the MSI contract
case. And wonks know that a poor
policy well-administered is, unfortunately, more effective than a
good policy poorly administered.
The question is, does an
agency need to depend on
its director to provide good
management? Most already
have managers, and if they do
poorly it usually is because they
lack leadership. (The same is
true of governors and states.)
Sure, a director needs to know the
nuts and bolts of agency operations well enough to
sound plausible when
she explains to interest groups why the
agency has done less
than they expected,
or to the press how
her team is doing
more than anyone
previously thought possible.
But in general, what is true of car
salesmen is true of agency directors:
Might transitions be improved?
The GAO lamely recommended
something that sounds a lot like
family therapy. ("Career and
political executives should attend
orientation and other programs
together whenever possible to open
dialogue between these two
groups.") A protocol for information
requests by transition teams would
seem more useful. More time
might help, but as the new Ryan
Administration showed, transition
deliberations tend to expand to
fill the time (and attention span)
available to them. A formal phase-in
period, during which members of
the old regime linger a while to
mentor the newcomers, is another
plausible reform.
Other factors shape the work of
state agencies more than do the
people a new governor puts in the
directors' chairs, or the policies that
she puts in their heads. Shifts in
federal priorities and funding and
court decisions are two of them.
Another is experience. Proposals for
real innovations from state government's chief executives, such as
Edgar's proposed tax swap for
schools, tend not to come at the
beginning of an administration,
because it takes a year or two at least
to learn what needs to be done.
The forces weighed against fundamental change are formidable, from
the size and complexity of the state
establishment to the bureaucratic
culture. Politics hampers change too;any candidate advocating change
radical enough to unsettle the
establishment is unlikely to get
elected in the first place. So things
change with each new administration but seldom improve. This
agency is a little better run, that one
a little worse, this program gets a
little more attention, that one
doesn't, but the checks still go out,
the forms still get processed — and
the problems never quite get solved.
New people doing the same old
things is no transition at all.
Illinois Issues February 1999 21
You don't need to know how to fix one
to sell one.