Donald J. Devine

Bureaucracy stifles human activity
June 10, 1999

This article first appeared in The Washington Times

Donald J. DevineBureaucracy stifles human activity. The Maine Department of Human Services was established to improve the health and welfare of its citizens. Because it is a bureaucracy, it sets uniform rules to treat every citizen equally. One such rule allowed nursing homes freedom of association and the right to read what they wanted. Sounded good but, all of a sudden last week, the state was forcing the owner of a small clinic, which cared for the mentally retarded, not to deny these invalids -- with the capacity of 5 year olds- the "right" to view pornography and to allow them to masturbate. When the good people of Maine were dreaming of helping suffering patients, somehow good intentions translated into something most would abhor,

Or take professional childcare. Mothers need a break and want the fulfillment of a challenging job, but the children need care. So dutiful President Clinton installed expert, professional childcare centers at every federal establishment, and encouraged them throughout the nation in the private sector. Along comes Littleton and now the emotive president shifts to expanding "family leave" for federal employees from 13 days to 12 weeks a year, citing a Council of Economics Advisers report showing American parents spend 22 fewer hours with their children. Unmentioned was the fact that the massive expansion of child care outside the home encouraged parents to spend those 22 less hours there, encouraging the very problem he now criticized, Government never has to apologize, because of the short memories of the public and the media, who are suckers for any claim of a federal solution to the problem of the moment.

Professionalize the police force has been the cry of the liberal establishment for most of the century, Send the burly sheriffs to training school and teach them responsibility and good manners. Along comes the Columbine High School shooting rampage and the security forces are so professional they hardly act. The first officer on the scene of exploding bombs fired once at one of the killers at 11:28 a.m. The arrival of the first, informal SWAT team experts at 11:51 ended aggressive action. The real pros arrive at 12:15, and nothing. Another team enters at 1:00 and they, finally, free some students from the cafeteria. Not until 3:30 do the SWAT teams release the remainder of the students. Fortunately, the murderers killed themselves because no else tried. It took four hours because the professionals are trained to be cautious and bureaucratic after years of second-guessing by courts enforcing complicated bureaucratic rules of procedure.

Today, almost everyone professes to oppose discrimination against minorities. So, it would be assumed the widespread use of standardized tests would be a major priority to eliminate any lingering effects of race bias to select for jobs and school admission on the basis of merit alone. But it turns out blacks and Hispanics do poorly on these tests compared to whites. So the U.S. Department of Education just recently issued a booklet called "Nondiscrimination in High-Stakes Testing" to let schools know how to use standardized tests fairly, which

reads, in part: "The use of any educational test which has a significant disparate impact on members of an' particular race, national origin or sex is discriminatory," unless the school can prove it is educationally necessary and there is no other means for testing. In English, this means schools cannot use tests because they cannot explain why minorities do worse on them. Thus a federal program to increase knowledge ends forbidding the use of standards.

Alarmists? For four years, your reporter was in charge of testing for federal government employment. The primary standardized test had been refined for years to remove all vestiges of cultural bias and to increase correlation to actual employment success. The usual suspects sued, claiming the tests had "adverse impact" because a lower percentage of blacks and Hispanics passed the tests than sat for them. After years of fighting and despite a total commitment by yours truly to the validity and social benefits of standardized tests, the Justice: Department ruled it was impossible to prevail in court and this old right-winger was forced to abandon them, at least until the Carter' administration-imposed consent decree expired in five years. Fifteen years later, there still are no real standardized Civil Service tests for the federal government. And all this was imposed without law, by bureaucratic "guidance'' and a sweetheart legal

When the direct interests of the bureaucracy are involved, things can really get bizarre. At this very moment, the federal unions are pushing to further subsidize government child care (is Bill paying attention?) for the poor. Only the legislators, including most of the Republicans on the committee, refused to define "poor," the unions expecting to later interpret it expansively so that it could include half of the world's best-paid work force. When forced to specify how this $10,000 per beneficiary goody would be paid for, these supporters of good government management said, take it out of the agency salary account, assuring under- staffing for the work the agency is supposed to perform to help the outside poor!

As these examples show, it is not that some common sense could not minimize some of these weird results of bureaucracy. Elected and appointed political officials make the ultimate decisions and could correct some -- but there is too - much to get all. The bureaucratic machinery grinds away at good sense because it must treat human beings uniformly when they are different. It is that simple, but it takes unusual geniuses like the American Founders or Ronald Reagan, or unusual circumstances like the fall of the Soviet Union, for any large number of people to appreciateit. Attend, the only humane solution is keep as much social decision- making out of the bureaucratic rule system as much as possible. Simple, but profound.


Donald Devine, former director Of the U.S. Office of Personnel Management, is a columnist and a Washington-based policy consultant and a Vice Chairman for the American Conservative Union.
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