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Chapter 9

PADP 6490 Chapter 9: PADP 6490 Reading Notes 9, Part II: Reinventing Public Administration


Department
Public Administration and Policy
Course Code
PADP 6490
Professor
Martinez
Chapter
9

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PADP 6490 Administrative Law Martinez
Required Reading 9, Part II
References:
Rosenbloom, D.H., and Piotrowski, S.J. 2005. “Reinventing Public Administration While ‘De-Inventing’
Administrative Law: Is It Time for an ‘APA’ for Regulating Outsourced Government Work?” Syracuse
Journal of International Law and Commerce 33(1): 175-189.
Yackee, J.W., and Yackee, S.W. 2009. “Sweet-talking the Fourth Branch: The Influence of Interest Group
Comments on Federal Agency Rulemaking.” Journal of Public Administration Research & Theory 16(1):
103-124.
Rosenbloom & Piotrowski, “Reinventing Public Administration”
I. Reinventing Public Administration is De-Inventing Administrative Law
“When government work is outsourced, the administrative law values and constraints
that apply to government are apt to be lost.”
Tenets of Reinvention
i. Citizen-centered
ii. Results-oriented
iii. Market-based
National Performance Review (NPR) considers administrative law & other
procedural requirements to be impediments to effective administration
i. Dramatic internal deregulation of federal administration shift from system
holding people accountable for process to system holding them accountable for
results
ii. OSHA’s Cooperative Compliance Program offering relief from inspections if
they complied with voluntary standards
iii. Circumventing administrative law by outsourcing government work
II. Competitive Sourcing: Deciding What & When to Outsource
Outsourcing within framework competitive sources requires 3-stage decision-making
i. Determine whether function is “inherently governmental”
Inherently governmental if activity is so intimately related to the public
interest as to mandate performance by government personnel
Inherently governmental functions cannot be legally outsourced
ii. Determine whether a “commercial” function should be retained by government
Retention based on impracticality of subjecting specific commercial
functions to competitive sourcing exercises or likelihood of outsourcing
would not yield best value in return for government spending
iii. Determine what type of competitive sourcing competitions
Standard competition used when more than 65positions are involved
Streamlined competition used when 65 or fewer positions are involved
Chief Decision Criteria cost-effectiveness
Major Applications of Administrative Law-Like Controls on Outsourced Functions
i. State Action Doctrine
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