Modern and Postmodern Society

Ethical Leadership and Administrative Discretion: The Fire Chief's Hiring Diiemma Presented at the 2005 Southeastern Conference on Public Administration (SECoPA) in Uttle Rock, Arkansas

William M. Haraway, III, Ph.D. and Julie C. Kunselman, Ph.D.

Recent efforts to reform government are challenging many of the basic theo- retical and managerial assumptions of governance at the federal, state, and local levels. Under the political rubric of reinventing government, reform initiatives have devolved administrative decision mailing to more local levels. In practice this can result in ethical dilemmas for local government administrators as they attempt to reconcile constitutional governance, legal accountability and politicai environments with the search for fiexibility, inno- vation, and productivity while mimicking private sector processes and prac- tices. This article describes such an ethical diiemma faced by a iocal government human resource manager and fire chief who were confronted with the decision to succumb to poiiticai pressure from prominent citizens, voiunteer fire chiefs and city council members to hire unquaiified firefighter candidates, or to discount their input and reject the candidates. The authors describe the ethicai diiemma and discuss the importance of practicing ethical leadership to buiid public trust and accountabiiity in the responsible use of administrative discretion while pursuing the public interest.

R ecent efforts to reform government are challenging many of the basic theo-retical and managerial assumptions and values of governance in complex,public organizations.' Under the political rubric of reinventing government, these efforts portray government as a failed enterprise and advocate radical organi- zational changes in structure, policy and procedure, as well as the use of private sec- tor practices and services.^ Reforms include the privatization and contracting out of public goods and services, as well as efforts to devolve administrative decisions to more local levels of government while increasing the amount of discretion available to individual bureaucrats.' This period of political, institutional and administrative change and instability results in ethical dilemmas for public administrators,'* as they attempt to reconcile traditions of constitutional governance and legal accountability

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with the search for flexibility, innovation, and productivity in addressing managerial and programmatic issues.'

As a consequence of this pronounced tendency to blur the distinction between the public and private sectors,*"' "public managers are continually confronted with both value-laden choices and the questions of whether and how those values should be made explicit."^ This is a salient issue because in practice most public employees faced with a true ethical dilemma involving competing values and conflicting obligations have no place to go, other than to refer to agency and professional codes of ethics.** But codes of ethics generally project ideals, norms, and obligations, that are "often vague, abstract, and lofty, and thus, difficult to apply in specific situations where eth- ical guidance is needed.'"^ This is because "professional ethical codes and state- ments... frequently harbor self-serving sentiments that focus on a legalistic or compliance mode that results in oversight, controls, and sanctions, rather than the ethical analysis and reflection required to manage the exigencies of professional life."'"

Nonetheless, public managers routinely administer public law and distinguish between rules, laws, and actual behavior as "[a]daptation, innovation, and leadership require such distinctions." But the selective and responsible exercise of administra- tive discretion within the parameters of public law is complicated by organizational structures and cultures, as well as political and other complexities, ambiguities, and competing values.'^

Therefore, a compliance mode to resolving public service ethical dilemmas is insufficient when ethical judgment and sophistication are essential for effective pub- lic service.'^ Indeed, public managers must demonstrate moral leadership within the bounds of the laws and constitutional norms of government by responsibly exercis- ing their administrative discretion based on appropriate public service values and beliefs.'"* In other words, public administrators have an ethical obligation to respond to the values of the governed when formal, legal or institutional controls over their behavior are nonexistent or ineffective.'^ These values are embedded in the American political regime and provide constitutional principles for the ethical analysis and moral reflection required of public administrators in the responsible use of their adminis- trative discretion."^

This article describes an ethical dilemma faced by a local government human resource manager (HRM) and fire chief who were confronted with the decision to suc- cumb to political pressure from prominent citizens, volunteer fire chiefs, and city council members to hire unqualified firefighter candidates, or to discount their input and reject the candidates. The authors describe the fire chief's dilemma and discuss the importance of practicing ethical leadership to build public trust and accountabil- ity with citizens and other stakeholders in the responsible use of administrative dis- cretion while pursuing the public interest.

Managerial and Programmatic Issues A local government human resource management (HRM) program in an urban Amer- ican city was responsible for merit-based placement and employment functions that

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included recruitment and screening of entry-level police and firefighter candidates in coordination with police and fire departments, and referrals to the police and fire chiefs for final interviews and selection of candidates. Due to inconsistencies in the recruitment and screening processes of the police and fire departments, the assistant city manager for community services directed the HRM department to develop and implement a merit-based Public Safety Entry-Level Recruitment and Hiring Program to meet the requirements and intent of equal employment opportunity and affirma- tive action (EEO/AA) mandates, as well as other codified public personnel law. Thus, during a two-year period, the employment manager (EM), in coordination with pub- lic safety employees appointed by their respective police and fire departments, devel- oped the new hiring program. It was centralized in the HRM department as a means of ensuring consistency and accountability.

The newly developed program encompassed a successive series of screening processes and procedures by which the qualifications of each applicant for an entry- level police or fire position could be evaluated. The applicant screening process was administered by the police and fire departments in coordination with the HRM depart- ment, and consisted of a candidate's successful completion of (1) an official city appli- cation, (2) a background check informational questionnaire, (3) a police background check, (4) a polygraph examination administered by the police department, and (5) a physical agility examination. Applicants who successfully completed these manda- tory screening requirements without being rejected against established eligibility cri- teria were referred by HRM to a police or fire department oral interview panel that rated and ranked them based solely on the results of the oral interview process.

When vacancies subsequently occurred in the police and fire departments, appli- cants were referred for final selection under the new program from the appropriate police or fire entry-level position hiring register developed and maintained by the HRM department. For each vacancy, the police or fire chief would personally inter- view the top five candidates referred from the register by the HRM department. When more than one vacancy existed at a time, the number of applicants referred from the register would equal five plus the total number of vacancies. Due to the many screen- ing process qualification hurdles required to be successfully placed on a public safe- ty hiring register, the police and fire chiefs generally would select new hires from the top of the referral list. Exceptions to this rule were permitted to attain EEO/AA goals, as well as other valid reasons determined by the chiefs and justified in writing and approved by the human resource management director (HRMD).

The city updated its Equal Employment Opportunity/Affirmative Action Program two years prior to implementation of the new employment screening and hiring processes. The EM implemented the updated Public Safety Hiring Program in coor- dination with the city manager's office and the EEO/AA officer. Compliance with equal employment opportunity goals was deemed important to performance evaluation appraisals for all managers and supervisors with hiring responsibilities in the organi- zation. Furthermore, department heads were held personally accountable to the city manager for overall affirmative action goal attainment in their respective departments.

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Organization Structure, Culture and Political Considerations The EEO/AA officer was a well-respected black female who was responsible for secur- ing state and federal grants for the city The police and fire chiefs officially reported to the assistant city manager—a black male with a master of public administration (MPA) degree—for community services. The police chief was a white male who had worked his way up through the ranks of the police department over a 22-year period. He also possessed an MPA degree. The fire chief was a white male who possessed an MPA degree; however, he was hired from outside the organization at about the sa^ie time the new hiring program was being implemented, and consequently did not liave direct input into the development or implementation of the new Public Safety Entry- Level Recruitment and Hiring Program. Thus, one might argue he did not possess the same commitment to the program as those who participated in its development, implementation, and initial administration.

The city's fire department consisted of approximately 190 full-time, paid fire positions with a hierarchal rank system. Each of the nine city fire stations supported a volunteer fire company that assisted the full-time, paid firefighters by primarily responding to emergency medical technician (EMT) calls and ambulance service duties and responsibilities. Volunteer firefighters ranged in age from teenagers to eld- erly men, and some served many years in the volunteer fire ranks. The individual members of their respective volunteer fire companies elected volunteer fire chiefs. As a consequence, volunteer fire companies were highly political in form and function as their chiefs were individuals well grounded in the community, as well as with mem- bers of the elected city council. Notably, the city's volunteer fire companies were pre- dominantly comprised of white males, although there were some junior, white female members. There were no other minorities in the volunteer fire service at that time.

The Responsible Use of Administrative Discretion Approximately three years after the new hiring program was implemented, a tele- phone conversation took place between the city's EM and the city police department's lead certified polygraph operator. During the conversation, the polygraph operator complained that "the fire chief interviewed and selected three firefighter candidates referred to him for final selection that showed deception on the polygraph examina- tion or made pre-test admissions." During pre-polygraph examination interviews con- ducted by the polygraph operator, each applicant "admitted to various crimes ranging from grand larceny to drug use and distribution."

The polygraph operator was very upset about the time required for him to com- plete the polygraph examinations, including pre- and post-examination interviews. He argued he "was wasting his time" if the fire chief was inclined to ignore his findings and hire candidates who admitted to crimes that would, under the public safety hir- ing process standards, normally cause them to be rejected. The polygraph operator indicated he had discussed the matter with his immediate supervisor who reported

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directly to the police chief. He revealed that the police chief contacted the fire chief to express his concerns and dissatisfaction about ignoring the results of the polygraph examination process, as well as those about the fitness of the candidates hired for public safety service. A major worry of the police chief was that firefighters were also trained as emergency medical technicians (EMTs) and, thus, responsible for main- taining and administering controlled drugs, in addition to having access to the per- sonal and public property of citizens during related fire suppression and EMT activities.

The EM began an investigation to determine the accuracy of the information received from the polygraph operator. He interviewed Fire Battalion Chief K who was the fire department's administrative officer responsible for personnel activities and the department's entry-level candidate screening process. He confirmed that the facts posited by the polygraph operator were correct, and produced copies of the poly- graph examination results for the candidates in question. The results for the three candidates revealed the following information based on the polygraph examination process:

1. Candidate X: Age 22 a. Pre-test admissions: Applicant stated that he has stolen from present

employer (auto supply). He stated he has stolen spark plugs, air fil- ters, and $5.00 cash on three or four dates, with the last time being a couple of months ago. Applicant stated the last time he smoked mar- ijuana was during junior high school.

b. Polygraph operator's finding: It is this examiner's opinion based on the polygraph results that this applicant has not been completely hon- est about past larceny and drug use. Deception was noted during his polygraph examination in questions covering drug use and larceny in excess of $25.00 from past employers.

2. Candidate Y: Age 27 a. Pre-test admissions: Applicant has stolen as much as $40.00 in mer-

chandise (fish, scallops, etc.) from a fish company in one day. He stat- ed that it was a common practice to steal off the job. Applicant on occasion resold the stolen scallops. Drug Use: Last smoked marijua- na a month ago (smokes at parties). Smoked hashish seven years ago, used speed two years ago, and tried cocaine two years ago. Military Service: U.S. Army, but he was A.WO.L. 26 days after basic training; he received an Article 15. No rank reduction. Financial: First part current year, he had a vehicle repossessed by bank.

b. Polygraph operator's finding: Applicant shows deception during the polygraph examination in questions about past court conviction, being in jail, and stealing at least $25.00 in cash from past employer.

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3. Candidate Z: Age 30 a. Pre-test admissions: Drug Use: Last smoked marijuana six months

ago; hashish, cocaine, and LSD two years ago, and speed 10 years ago. He stated he has never had a fiashback. He last sold marijuana five years ago. Arrest record: At age 22, arrested for hitchhiking. Failed to appear in court and fined. Other: Applicant is at present living with his girlfriend. He stated that she was arrested once for possession of marijuana.

b. Polygraph operator's finding: No deception detected.

Competing Values and Conflicting Obligations Battalion Chief K indicated that two of the candidates were volunteer firefighters in the same volunteer fire company, and one was a non-volunteer candidate. He explained that the volunteer fire chief of the company had put political pressure on the fire chief to hire the two volunteer firefighters. The volunteer fire chief also con- tacted other volunteer fire chiefs and prominent citizens, two of whom were city council members who knew the candidates personally, who informally contacted the fire chief providing additional political pressure to hire the two volunteer firefighters. As a result, the fire chief hired the two volunteer firefighters as full-time, paid fire- fighters, as well as the third candidate who made pre-test admissions and showed deception on the polygraph examination, because, according to Battalion Chief K, the chief believed that it was the "fair thing to do" since he decided to hire the two vol- unteers.

Battalion Chief K reported that he had personally advised the fire chief not to hire any of the three applicants who made pre-polygraph examination admissions or showed deception on the polygraph examinations. The battalion chief was a fire offi- cer with more than 20 years of service who worked his way up through the ranks from the position of firefighter to fire battalion chief. He was very familiar with the city's volunteer fire company system, as well as the political context within which it oper- ated. Simply put, the fire chief ignored his advice.

The EM, after verifying the facts with the copies of the polygraph results, informed the HRMD and recommended that the situation be further discussed with the fire chief Three days later, a meeting was held between the chief, the EM, and the HRMD. The chief initially stated he had no direct knowledge of the situation; howev- er, later in the conversation he verified the validity of the facts presented. He revealed that what Battalion Chief K posited about political pressure was correct, and at the time the candidates were hired he was under instructions from the city manager to "establish a better working relationship with the volunteers."

The HRMD suggested to the fire chief that the decision he had made was inap- propriate and unlawful, and that it could and probably would create internal and exter- nal EEO/AA problems, as well as conceivable legal liabilities in the future due to pos- sible misconduct on the part of the three candidates and the city's vicarious liability. The fire chief agreed and explained he had not coordinated with nor sought advice

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from the HRM department, city attorney or city manager about his administrative deci- sion to hire the three candidates. He recommended that the situation be discussed with his immediate supervisor, the assistant city manager for community services. That meeting was subsequently held, and it was decided that another meeting would be scheduled with the city manager and other key officials to review the situation.

During the following meeting the city manager decided the city would retain the three candidates hired by the fire chief. He determined that, "to make things right" the city would also qualify eligible for employment all other firefighter candidates rejected during the same screening process, provided their past records were no worse than those of candidates X, Y, and Z. In other words, the city manager's decision would make others who made pre- or post-examination admissions or showed deception dur- ing the polygraph portion of the screening process eligible to be hired provided they successfully completed the other screening hurdles and the oral interview panel process. When the EM was notified of the city manager's decision, he contacted the assistant city manager for community services to discuss possible negative impacts of the city manager's decision. The assistant city manager decided that the EM should personally advise the city manager on this topic. At that meeting, the HRMD and the EM explained the conceivable legal and other liabilities related to the city manager's decision, and recommended that the city terminate the three candidates in question without cause during their probationary period that was still in effect.

The city manager stated he "did not have a problem with separating the three during their probationary period," but he did not want to initiate such action until after the newly proposed Fire Department Three Platoon Work Scheduling System was voted on by the city council. Unfortunately, the proposed scheduling system did not go before the city council for a final vote until after completion of the remaining probationary period for the three candidates inappropriately hired by the fire chief Thus, the newly hired firefighter employees were not terminated from employment during their probationary periods, and continued to work for the fire department as full-time, paid firefighters. Notably, the city did not qualify for employment other fire- fighter applicants who made pre- or post-examination admissions or showed decep- tion during the polygraph examination process.

Discussion In the case presented, the fire chief was confronted with a true ethical dilemma involv- ing competing public and private values and concomitant confiicting obligations. On the one hand, he had an ethical obligation as a moral public leader to use his admin- istrative discretion responsibly to pursue the principle of merit by rejecting all unqual- ified firefighter candidates*^—on the other hand the fire chief's positional authority to use his administrative discretion in a responsible way was subordinated to mana- gerial and political manipulation and self-interests.'^ Here the key points are: (1) "self- interest divides people far more than do ethical considerations"" and (2) "in exercising certain aspects of governmental authority, government employees must be

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exempt from the democratic principle of subordination to political leadership" in the responsible use of their administrative discretion.^°

Nonetheless, public administrators make decisions that have political dimen- sions and as a consequence their use of administrative discretion may raise ethical concerns.^' However, prudent ethical administrators understand their sense of duty or ethical responsibility to faithfully administer and implement public law effectively while resisting political interference, meddling, or partisan pressure.^^ This model of personal responsibility "holds that the discretion exercised by bureaucrats is con- strained by their individual sense of responsibility and ethics."^^ Viewed from this per- spective, the fire chief did not understand his sense of duty or ethical responsibility to pursue public service values and beliefs rather than succumb to political pressure, manipulation and self-interests. Public service values are embedded in the American political regime and represent constitutional principles that guide the ethical analysis and moral reflection required of public administrators in the responsible use of their administrative discretion.^'*

Cooper (1998) correctly points out that "Rohr's [seminal] work is an excellent example of a treatment of [public service] values that a public administrator ought to internalize and reflect upon" in the execution of his administrative discretion.^5 In broad brush, Rohr (1989) deflnes regime values as "the values of that political entity that was brought into being by the ratiflcation of the Constitution that created the present American Republic."^'' He contends that regime values are normative because "bureaucrats have taken an oath to uphold the Constitution... [that] continues to state symbolically [the regime's] spirit and meaning."^^ His method of discerning regime values lies in the ethical analysis and reflection of U. S. Supreme Court decisions, as they possess characteristics that make them particularly suitable for ethical reflection on the fundamental values of the American people.^^ "It is the public argument among the Justices rather than the actual holding of the Court that will be most useful" in enabling public administrators to reflect on American regime values.̂ '̂ Rohr (1989) warns us, however, "the key ethical issue for bureaucrats is intimately connected with personnel system based merit...decision making processes that do not adhere to the diagrammatic simplicities of organizational charts."'" The flre chief's ethical dilemma is an excellent example, as issues of equal employment opportunity and affirmative action (EEO/AA) are central to the understanding of and reflection upon critical regime values related to the principles of merit and the flre chief's responsible use of administrative discretion.

EEO/AA is a legal remedy and policy that grants preferential treatment or status on protected groups to correct past social injustices; although the "courts are in con- flict, as are the rationales for affirmative action."'^ Preferential treatment for protect- ed classes of citizens has historically been founded in the U.S. Constitution, codifled public law and U.S. Supreme Court decisions.^^ In the ethical dilemma presented, con- stitutional and statutory protections, as well as speciflc organizational EEO/AA good faith effort goals, were obviated by the flre chief's hiring decision when unsuccessful

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minority firefighter candidates were summarily rejected from further consideration when exceptions were made for white males for managerial and political reasons.

Consider, for example, the Court's decision in Griggs v. Duke Power Company (1971).^' The Griggs case is appropriate for analyzing regime values at stake in the fire chief's hiring dilemma because it focused on employment qualification requirements and screening processes that create a disparate impact on protected classes of job applicants. Griggs is "recognized as the most significant case in the development of employment discrimination law under Title VII of the Civil Rights Act of 1964... as it pro- vided new definitions of job discrimination that had far-reaching consequences."^"* The Court's decision: (1) required the removal of all employment barriers perpetuating the benefits that white employees obtain at the expense of blacks, (2) held that intent or discriminatory purpose is irrelevant; it is the consequences that matter, and (3) held invalid practices, however neutral in intent, that caused a disparate impact upon a group protected by the act.̂ 5 ^ brief review of the Court's decision in Griggs provides insight to the constitutional principles and public service values useful for ethical analy- sis and reflection for public administrators faced with an ethical hiring dilemma:

The objective of Congress in the enactment of Title VII is plain from the language of the statute. It was to achieve equality of employment opportunities and remove barriers that have operated in the past to favor an identifiable group of white employ- ees over other employees. Under the Act, practices, procedures, or tests neutral on their face, and even neutral in terms of intent, cannot be maintained if they operate to "freeze" the status quo of prior discriminatory employment practices.^''

Although the full force and effect of the dialogue in the concurring and dissent- ing opinions of the Court are beyond the scope of this article, Rohr's regime values method constitutes a foundation for the ethical analysis of and refiection on the val- ues of the governed as public administrators attempt to balance managerial and pro- grammatic concerns with competing values and conflicting obligations. The Court's decision and its concurring and dissenting opinions make clear that the fire chief used his administrative discretion irresponsibly. This is a salient issue for public adminis- trators as their moral obligation is to ensure they do "not take actions that violate the fundamental constitutional rights of those they serve."^^ But there are other impor- tant reasons for public administrators to use their administrative discretion in legally and morally responsible ways.

For instance, Roberts (1999) reports that the U.S. Supreme Court "has put pub- lic servants on notice that it expects them to set an example for society."'^ A case in point is the Court's decision in Hope v. Pelzer (2002) that placed a heavier responsi- bility on public administrators to learn the constitutional law governing their official actions.^^ Rosenbloom (2003) cautions us that in questions of whether public admin- istrators have violated clearly established constitutional rights that a reasonable per- son would have known, the concept of "qualified immunity is of considerable importance to public personnel administration.'"*" He explains that the Supreme Court's decision in Harlow v. Fitzgerald (1982) put public administrators on notice that "a reasonably competent public official should know the law governing his con-

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duct. Public administrators' liability for their constitutional torts is personal.'"*' He con- tinues by noting that qualified immunity issues bear "on hiring, promotion, and adverse actions," because "public employees and applicants have a wide array of con- stitutional rights that can be asserted against governmental workers.'"*^ In Hope v. Pelzer the Court held that "[f]air warning that a constitutional right is clearly estab- lished does not require it to have been directly upheld by the Supreme Court.'"*^ In sum, the Hope decision limits public administrators' qualified immunity against con- stitutional tort claims for which they can be held personally responsible when they violate applicants' or employees' constitutional rights.'''*

However, notwithstanding personal civil liabilities for individual administrators who might violate constitutional rights of applicants, employees or citizens,'*^ ethical leadership in public HRM agencies heavily relies on HR managers' abilities "to refiect intelligently on the moral values involved in their policymaking role.'""' Although intel- lectual analysis and refiection cannot guarantee ethical behavior in practice,"*^ the goal is to firmly establish public HR managers as ethical agents who have an internalized sense of personal responsibility, moral judgment and public service values.'*^ Research supports the notion that "individuals with strong value systems tend to behave more ethically'"'9 Cooper (1998) explains:

[W] hen organizational goals are seriously diverted from their legal mandate and the public interest is displaced by private interests, the final safeguards against cor- ruption and subversion of democratic government are a commitment to responsible conduct on the part of individual citizens employed by government, and a public that can exact accountability from them.^"

In sum, the responsible use of administrative discretion requires public HR man- agers to "transition from morally passive to morally active decision-making."^' This will require moral leadership founded in ethical competence, "the capability to develop and implement ethical values and activities,"^^ and moral courage and conviction grounded in public administrators' knowledge and understanding of public service values embedded in the American political regime.

Notes ' Gortner, Harold F., Mahler, Julianne, and Jeanne Bell Nicholson. (1997). Organization Theory,

A Public Perspective 2ed. Texas: Harcourt Brace.

2 Goodsell, Charles T (1994). The Case for Bureaucracy. New Jersey: Chatham House.

3 Cooper, Terry L. and Diane E. Yoder. (2002). "Public Management Ethics Standards in a Transnational World." Public Integrity 4, no. 4: 333-352.

'' Haraway, III, William M. 2002. "Rediscovering Process Values In Employee Grievance Procedures." Administration and Society 34, no. 5: 499-521.

5 Carroll, James D. 1995. "The Rhetoric of Reform and Political Reality in the National Performance Review." Public Administration Review 55, no. 3: 302-312.

^ Rohr, John A. 2002. "The Ethical Aftermath of Privatization and Contracting Out, A Constitutional Analysis." Public Integrity 4 no. 1: 1-12.

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^ Geuras, Dean and Charles Garofalo. 2002. Practical Ethics in Public Administration. Vienna, VA: Management Concepts: 9.

8 Ibid, 104.

' Cooper, Terry L. 1998. The Responsible Administrator, An Approach to Ethics for the Administrative Role. 4''' ed., Calif.: Jossey-Bass: 152.

'" Rohr, John A. 1989. Ethics for Bureaucrats: An Essay on Law and Values. Lawrence, KS: University of Kansas Press: 9-10.

" Geuras, Dean and Charles Garofalo. 2002. Practical Ethics in Public Administration. Vienna, VA: Management Concepts: 13.

" Ibid.

'3 Ibid.

''' Hall, Thad E. and Anthony Sutton. 2003. 'Agency Discretion and Public Ethics, The Case of the Immigration and Naturalization Service." Public Integrity 5, no. 4: 291-303; Feldheim, Mary Ann and Xiaohu Wang. 2003-4. "Ethics and Public Trust, Results from a National Survey" Public Integrity 6, no. 1: 63-75; and Rohr, John A. 1998. Public Service, Ethics, and Constitutional Practice. Lawrence, KS: University of Kansas Press.

'5 Rohr, John A. 1989. Ethics for Bureaucrats: An Essay on Law and Values. Lawrence, KS: University of Kansas Press.

'̂ Rohr, John A. 1998. Public Service, Ethics, and Constitutional Practice. Lawrence, KS: University of Kansas Press; and Cooper, Terry L. 1998. The Responsible Administrator, An Approach to Ethics for the Administrative Role. 4 * ed., Calif.: Jossey-Bass.

'̂ Uhr, John. 1999. "Institutions of Integrity: Balancing Values and Verification in Democratic Governance." Public Integrity 1, no. 1: 94-106.

1* Rohr, John A. 1998. Public Service, Ethics, and Constitutional Practice. Lawrence, KS: University of Kansas Press.

" Geuras, Dean and Charles Garofalo. 2002. Practical Ethics in Public Administration. Vienna, VA: Management Concepts: 279.

20 Rohr, John A. 1998. Public Service, Ethics, and Constitutional Practice. Lawrence, KS: University of Kansas Press: 13.

2' Geuras, Dean and Charles Garofalo. 2002. Practical Ethics in Public Administration. Vienna, VA: Management Concepts.

22 Hall, Thad E. and Anthony Sutton. 2003. "Agency Discretion and Public Ethics, The Case of the Immigration and Naturalization Service." Public Integrity 5, no. 4: 291-303; and Rohr, John A. 1998. Public Service, Ethics, and Constitutional Practice. Lawrence, KS: University of Kansas Press.

" Hall, Thad E. and Anthony Sutton. 2003. 'Agency Discretion and Public Ethics, The Case of the Immigration and Naturalization Service." Public Integrity 5, no. 4: 294.

" Rohr, John A. 2002. "The Ethical Aftermath of Privatization and Contracting Out, A Constitutional Analysis." PMW/C/wregn'rv 4 no. 1: 1-12; Roberts, Robert N. 1999. "The Supreme Court and the Law of Public Service Ethics." Public Integrity 1, no. 1: 20-40; Rohr, John A. 1998. Public Service, Ethics, and Constitutional Practice. Lawrence, KS: University of Kansas Press; and Cooper, Terry L. 1998. The Responsible Administrator, An Approach to Ethics for the Administrative Role. 4''̂ ed., Calif.: Jossey-Bass.

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25 Terry L. 1998. The Responsible Administrator, An Approach to Ethics for the Administrative Role. 4* ed., Calif.: Jossey-Bass: 175.

2̂ Rohr, John A. 1989. Ethics for Bureaucrats: An Essay on Law and Values. Lawrence, KS: University of Kansas Press: 68.

27 Ibid, 76.

28 I b i d , 7 7 - 8 2 .

2 ' I b i d , 8 3 .

30 I b i d , 4 8 .

" Gray, W Robert. 2002. " I h e Four Faces of Affirmative Action: Analysis and Answers." Public Integrity 4, no. 1: 44.

32 Ledvinka, James and Vida Gulbinas Scarpello. 1990. Federal Regulation of Personnel and Human Resource Management. MA: PWS-Kent.

33 Criggs V. Duke Power Company. 1971. 401 U.S. 424.

3'' Hall, Kermit L. 1999. The Oxford Cuide to United States Supreme Court Decisions. NY: Oxford University Press: 115.

35 Ibid.

3« 401 U.S. 424 1971, 268.

3̂ Roberts, Robert N. 1999. "The Supreme Court and the Law of Public Service Ethics." Public Integrity 1, no. 1: 21.

38 I b i d , 3 7 .

39 Hope V Pelzer, U.S. Supreme Court, No. 01-309 Qune 27, 2002), Slip Opinion. Discussed in Rosenbloom, David H. 2003. "Hope v. Pelzer: Raising the Bar for Public Administrators' Qualified Immunity for Constitutional Torts." Review of Public Personnel Administration 23 no. 3: 255-261.

'"' Rosenbloom, David H. 2003. "Hope v. Pelzer: Raising the Bar for Public Administrators' Qualified Immunity for Constitutional Torts." Review of Public Personnel Administration 23 no. 3: 256.

'" Harlow v. Fitzgerald, 457 U.S. 800 (1982). Discussed in Rosenbloom, David H. 2003. "Hope v. Petzer: Raising the Bar for Public Administrators' Qualified Immunity for Constitutional Torts." Review of Public Personnel Administration 23 no. 3: 255-261.

''2 Rosenbloom, David H. 2003. "Hope v. Pelzer: Raising the Bar for Public Administrators' Qualified Immunity for Constitutional Torts." Review of Public Personnel Administration 23 no. 3: 255-261.

"3 Ibid, 260.

'"' Ibid.

'" Rosenbloom, David H. 2003- "Hope v. Pelzer: Raising the Bar for Public Administrators' Qualified Immunity for Constitutional Torts." Review of Public Personnel Administration 23, no. 3: 255-261; and Roberts, Robert N. 1999. "The Supreme Court and the Law of Public Service Ethics." Public Integrity 1, no. 1: 20-40.

'*̂ Rohr, John A. 1998. Public Service, Ethics, and Constitutional Practice. Lawrence, KS: University of Kansas Press: 6.

47 Ibid.

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•"̂ Geuras, Dean and Charles Garofalo. 2002. Practical Ethics in Public Administration. Vienna, VA: Management Concepts.

"" Huges, Richard L, Robert C. Ginnett and Gordon J. Curphy. 1993. Leadership, Enhancing the Lessons of Experience. Homewood, IL: Irwin: 172.

5° Cooper, Terry L. 1998. The Responsible Administrator, An Approach to Ethics for the Administrative Role. 4''̂ ed., Calif.: Jossey-Bass: 221.

5' Geuras, Dean and Charles Garofalo. 2002. Practical Ethics in Public Administration. Vienna, VA: Management Concepts: 159.

" Feldheim, Mary Ann and Xiaohu Wang. 2003-4. "Ethics and Public Trust, Results from a National Survey." Public Integrity 6, no. 1: 67.

Authors

^William M. Haraway, III, Ph.D. Assistant Professor of Public Administration Division of Graduate Education College of Professional Studies

University of West Florida

11000 University Parkway, Building 77/121 Pensacola, Florida 32514

(850) 473-7243 [email protected]

Julie C. Kunselman, Ph.D. Associate Professor, Coordinator of the Criminal Justice Program College of Professional Studies University of West Florida

11000 University Parkway, Building 85/155 Pensacola, Florida 32514 (850) 857-6197 [email protected]

Dr. VCiUiam M. Haraway, HI is an assistant professor in the Master of Public Administration and Master of Science Administration Programs at the University of West

Florida where he teaches public human resource management, conflict management

and resolution, ethics, and organization theory. He received his Ph.D. from the Center

for Public Administration and Policy at Virginia Tech University, and formerly served as a

professional human resource and employee management-relations manager in local

government. His most recent publications are "Employee Grievance Programs:

Understanding the Nexus Between Workplace Justice, Organizational Legitimacy and

Successful Organizations" {Public Personnel Management), "Analysis of the Effect of

Conflict Management and Resolution Training on Employee Stress at a Healthcare

Organization" {Hospital Topics); "American Civil Service Reform: Using the French

Model to Develop Administrative Statesmen in the Senior Executive Service"

Public Personnel Management Volume 35 No. 1 Spring 2006 13

{International Social Science Review); "Securing a Job is Hard Work" {PA Times); and "Rediscovering Process Values In Employee Grievance Procedures" {Administration & Society).

Dr. Julie C. Kunselman is an associate professor and coordinator of the Criminal Justice Program at the University of West Florida. She received her Ph.D. from the University of Louisville. Her most recent publications are "Community Policing: The Middle Manager's Perspective" {Police Quarterly); "Trust in Government: Lessons from the Clinton Impeachment" {International Journal of Public Administration); and "Reinventing Government: The Views of Police Middle Managers" {Police Quarterly).

14 Public Personnel iVIanagement Volume 35 No. 1 Spring 2006