250-300 words
Replies: 2 replies; at least 100 words; critical and constructive criticism; useful feedback/ideas
how to strengthen argument
Required readings and presentations
Biblical reference
REPLIES
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Xavier,
I enjoyed reading your post and I agree that simply apologizing to voters would not “ease
the situation” as you mentioned. However, because in Virginia there is a procedure by which
administrative regulations are written outlined by Virginia’s Administration Process Act (APA) §
2.2-4000 of the Code of Virginia. If the department followed this procedure and the regulation
itself was within the scope of the department, then it seems as though it was fulfilled correctly. It
would be important to verify this first before looking foolish in front of legislators and
constituents. It is vital to step back, get information and communicate to the public that you will
have a press conference within a day or two to explain.
Although you are correct that it is the governor’s role to issue executive orders, it is vital
to understand that there is a difference between administrative regulations and executive orders.
Although administrative regulations are similar, they’re issued by agencies and not the governor.
Therefore, because it is very rare that an agency would go completely rogue, it sounds as though
they issued the regulation within the bounds of the law. It’s important to understand that the
"passage of a bill 'signal(s) not the end of the policy story, only the start of a new chapter.' State
and local employees must interpret the language of the legislation to put it into effect. Because
most legislation is written in general terms, civil servants must apply a great deal of bureaucratic
discretion in planning and delivering services, making rules for service delivery, adjudicating
cases and complaints, and otherwise managing the affairs of government. All states have legal
systems for hearing and acting on disputes over agency rules and regulations” (Bowman &
Kearney, 2014).
References
Bowman, Ann O’M., and Richard C. Kearney. State and Local Government. 9th ed. Boston:
Wadsworth, Inc., 2014. ISBN: 9781435462687.
Patrick,
Reading your post about the Department of Health and Human Services in Virginia was very
interesting. I am relieved to hear that this department issued information readily available to the
public to assist them in understanding changes. I also wanted to gently correct you and the
original post instructions in that Virginia is actually a commonwealth and not a state. I live in
Massachusetts, also a commonwealth, but it is referred to as a state almost exclusively.
I’m curious as to what you’re referring to in aiding low income citizens of Virginia. It is
absolutely wonderful that they are offering free community – is that the only change you were
discussing? I think it is wonderful that they are requiring drug and alcohol screening, but I am
also sad about it. I am writing from a limited understanding but I don’t necessarily agree that
substance abusers should not be allowed entrance to community college. I believe it is an
infringement on the right to privacy, potentially the Fifth Amendment’s right against self-
incrimination and potentially more. I also believe that it is discriminative by nature and creates a
disparate impact that in my opinion, does not fall within the exceptions that I know of.
Anyway, the tax revenue being given away as you had mentioned – is that the community
college program? I think that these types of investments into people’s futures, like education, is a
vital part in assisting the next generation.
Great job!
Blessings,
Jeanna
Topic: Imagine you are the governor of Virginia and your bureaucracy is issuing new laws and
regulations without proper authority. How would you rein that in?
For this Discussion Board Forum, imagine that you are the governor of Virginia, you are the
chief executive of this state and the entire bureaucracy falls under your authority. Although you
did not directly make the decision, one of your departments is issuing rules outside of a law’s
intent because they have a better understanding of the issue than those who wrote the law. They
argue that it still falls within the intent of the law. Voters are not happy because they have felt the
harm of these new rules and none of the benefit. The legislators aren’t happy and believe you are
outside of your constitutional authority. And all of the blame falls on your shoulders. What do
you do?
Identify a specific/real state agency
Identify the real stake holders
How can you ease the problems of perception and Constitutional authorities?
Remember when you’re working through this scenario, this business is about relationships—with
the voters, the legislators, and the bureaucracy. In your responses, pretend that you are a political
advisor to the governor, whose election to the U.S. Senate is coming up in the next year and a
half (in Virginia governors only serve one term and then usually seek higher office in the U.S.
Senate). What would you tell him or her?
If I was the governor of Virginia and therefore the chief executive officer of the
commonwealth and the entire bureaucracy, I would act as quickly as possible to ensure all
stakeholders, including members of all departments, Virginia legislators, constituents and the
like, that I was competent and an initiator. I would immediately release a written press release
that I was personally looking into the matter and would have an update within 24 hours.
Presuming that this was an administrative regulation completed within the scope of the
department issuing it, I would ensure that legal process outlined by Virginia’s Administration
Process Act (APA) § 2.2-4000 of the Code of Virginia. If did not go through legal process to be
approved, fire person who administered it and their supervisor, because they intentionally broke
the law and that should not be tolerated. If that was the case, I would create a new internal
procedure that requires oversight/approval from the legislative branch or a committee within the
department to ensure that never happened again.
However, if the legal procedure was followed then that is great. According to Bowman &
Kearney (2014) "elected officials have the duty of holding administrators responsible for their
decisions and accountable to public interest, as defined by the constitution and by statute" but
"political oversight and intrusion into administrative activities should be minimized so that
administrative decisions and actions are grounded in objective rules and procedures." Therefore,
as governor, I would oversee the operation and execution of this ruling but would not dip my
hands in the pot, so to speak. I would simply work to communicate with the department(s) as to
the procedure and whether that procedure aligned with the laws.
Upon ensuring the legally mandated process was followed under Virginia code, I would
then have Virginia’s Joint Commission on Administrative Rules (JCAR) review and make
recommendations to Governor and General Assembly (legislators) via 30(8.1) Section 30-73.1.
(Chaffin, n.d.) I would also utilize another state agency, the Attorney General’s office, to ensure
checks and balances between the executive and legislative branches, to do what is right and to
restore the trust of the people. "Given that these duties vary across the states, politicians
(including attorneys general) who blithely conclude that all state attorneys general must defend
all state laws or, conversely, that all may refuse to defend whenever they believe a state law is
unconstitutional evince a lamentable indifference to the power of states to craft an office that
suits their particular needs" (Devins & Bangalore Prakash, 2015).
“Official opinions represent the attorney general’s analysis of current law based on his
thorough research of existing statutes, the Virginia and United States constitutions, and relevant
court decisions. They are not "rulings" and do not create new law, nor do they change existing
law. Creating and amending laws are the responsibility of the General Assembly, not the
attorney general.” Attorney General of Virginia (n.d.) The official opinions issued by the attorney
general are part of the duties of the office (Virginia Code § 2.2-505). A person authorized by
statute, such as the governor, a member of the General Assembly, a constitutional officer, or the
head of a state agency, can ask the attorney general for an official opinion on the law. Members
of the general public are not authorized to ask for opinions. According to Virginia Code Ann. §
2.2-510(4) (2014) “In cases where the Attorney General certifies to the Governor that he is
unable to render certain legal services, the Governor may employ special counsel or other
assistance to render such services as may be necessary.” Virginia Code Annotated §2.2-510(4)
also authorizes the governor to stand in for the attorney general when the attorney general is
“unable to render certain legal services.” Therefore, if the Attorney General is unable to make a
determination, I would.
When this information is gathered, I would then host a press conference. I would either
apologize for the lack of oversight, outlining the plan going forward and a new internal policy
that requires accountability to the state’s attorney general to verify or explain what had happened
and how I provided a check and balance between the two branches to ensure uniformity. I would
allow time for a question and answer period and make sure that I explained to the public that the
legislators could also amend the wording if they disagreed. I would also explain that "passage of
a bill 'signal(s) not the end of the policy story, only the start of a new chapter.' State and local
employees must interpret the language of the legislation to put it into effect. Because most
legislation is written in general terms, civil servants must apply a great deal of bureaucratic
discretion in planning and delivering services, making rules for service delivery, adjudicating
cases and complaints, and otherwise managing the affairs of government. All states have legal
systems for hearing and acting on disputes over agency rules and regulations” (Bowman &
Kearney, 2014).
Revelation 3:19 suggests that God “corrects and disciplines” those that He loves and that
every person is to be “diligent and turn from [his/her] indifference.” Because God and the bible
model the framework of the United States government through Isaiah 33:22, it is obvious that
administrators within the various branches of government need to be checked against each other.
I would work to bring understanding to political processes that the general public may not be
aware of.
References
Attorney General of Virginia. (n.d.). Retrieved September 21, 2016, from
http://www.oag.state.va.us/citizen-resources/opinions/official-opinions
Bowman, Ann O’M., and Richard C. Kearney. State and Local Government. 9th ed. Boston:
Wadsworth, Inc., 2014. ISBN: 9781435462687.
Chaffin, J. (n.d.). Virginia’s Regulatory Process: A Legislator’s Fact Sheet (pp. 1-2) (United
States of America, Regulations, Division of Legislative Services). Richmond, VA.
Retrieved September 21, 2016, from http://dls.virginia.gov/pubs/RegProcess.pdf
Devins, N., & Bangalore Prakash, S. (2015). Fifty States, Fifty Attorneys General, and Fifty
Approaches to the Duty To Defend. The Yale Law Journal, 124(6), 1836-2201. Retrieved
September 19, 2016, from http://www.yalelawjournal.org/feature/state-attorneys-general-
and-the-duty-to-defend
Va. Code Ann. § 2.2-510(4) (2014)
Administrative
ohttps://books.google.com/books?id=UZda-
vIBWKcC&printsec=frontcover&dq=State+and+Local+Government,
+9th+Edition&hl=en&sa=X&ved=0ahUKEwi_u6mM5OnOAhWLKCYKHRU7
BcUQ6wEIHzAA#v=snippet&q=administrative&f=false
ohttp://vagovernmentmatters.org/primary-sources/612 bureaucracy list
"Passage of a bill 'signal(s) not the end of the policy story, only the start of a new chapter.'
State and local employees must interpret the language of the legislation to put it into
effect. Because most legislation is written in general terms, civil servants must apply a
great deal of bureaucratic discretion in planning and delivering services, making rules for
service delivery, adjudicating cases and complaints, and otherwise managing the affairs
of government. All states have legal systems for hearing and acting on disputes over
agency rules and regulations." (textbook)
"Reorganization power refers to the governor's ability to create and abolish state
agencies, departments and other offices and to reallocate administrative responsibilities
among them. Reorganizations are usually aimed at the upper levels of the bureaucracy in
an effort to streamline the executive branch and thereby make it work more efficiently
and effectively. The basic premise is that the governor, as chief manager of the
bureaucracy, needs the authority to alter administrative structures and processes to meet
changing political, economic, and citizen demands." "A governor with strong
reorganization power can bring about such a department without approval of the
legislature." (textbook)
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