Project In ADMIN 9

Submitted by:

Ma. Theresa Camba

BSPA-4A

Submitted to: Jason Medua

Dated: October 14

Ethical Tenure
Ethics
Also known as moral philosophy, is a branch of philosophy that addresses questions about morality that is, concepts such as good and evil, right and wrong, virtue and vice, justice and crime, etc. Major branches of ethics include: Meta-ethics, about the theoretical meaning and reference of moral propositions and how their truth values (if any) may be determined; Normative ethics, about the practical means of determining a moral course of action; Applied ethics, about how moral outcomes can be achieved in specific situations; Moral psychology, about how moral capacity or moral agency develops and what its nature is; Descriptive ethics, about what moral values people actually abide by.
[http://en.wikipedia.org/wiki/Ethics]

"The needs of a society determine itsethics, and in the Black American ghettos the hero is that man who is offered only the crumbs from his country's table but by ingenuity and courage is able to take for himself a Lucullan feast. Hence the janitor who lives in one room but sports a robin'segg-blue Cadillac is not laughed at but admired, and the domestic who buys forty-dollar shoes is not criticized but is appreciated. We know that they have put to use their full mental and physical powers. Each single gain feeds into the gains of the body collective." -Maya Angelou Under the tenure systems adopted as internal policy by many universities and colleges, especially in the United States and Canada, tenure is associated with more senior job titles such as Professor and Associate Professor. A junior professor will not be promoted to such a tenured position without meeting the goals of the institution, often (though not always including) demonstrating a strong record of published research, teaching, and administrative service, with emphasis different across institutions (though often focused on research in universities). Typical systems (such as the Recommended Institutional Regulations on Academic Freedom and Tenure) allow only a limited period to establish such a record, by limiting the number of years

that any employee can hold a junior title such as Assistant Professor. (An institution may also offer other academic titles that are not time-limited, such as Lecturer, Adjunct Professor, or Research Professor, but these positions do not carry the possibility of tenure and are said to be "off the tenure track.") Academic tenure is primarily intended to guarantee the right to academic freedom: it protects teachers and researchers when they dissent from prevailing opinion, openly disagree with authorities of any sort, or spend time on unfashionable topics. Thus academic tenure is similar to the lifetime tenure that protects some judges from external pressure. Without job security, the scholarly community as a whole might favor "safe" lines of inquiry. The intent of tenure is to allow original ideas to be more likely to arise, by giving scholars the intellectual autonomy to investigate the problems and solutions about which they are most passionate, and to report their honest conclusions. In economies where higher education is provided by the private sector, tenure also has the effect of helping to ensure the integrity of the grading system. Without tenure, professors could be pressured by administrators to issue higher grades for attracting and keeping a greater number of students. Universities also have economic rationales for adopting tenure systems. First, job security and the accompanying autonomy are significant employee benefits; without them, universities might have to pay higher salaries or take other measures to attract and retain talented or wellknown scholars. Second, junior faculty are driven to establish themselves by the high stakes of the tenure decision (i.e., lifetime tenure vs. job loss), arguably helping to create a culture of excellence within the university. Finally, tenured faculty may be more likely to invest time in improving the universities where they expect to remain for life; they may also be more willing to hire, mentor and promote talented junior colleagues who could otherwise threaten their positions. Many of these rationales resemble those for senior partner positions in law and accounting firms. One cost of a tenure system is that some tenured professors may not use their freedom for the common good. Tenure has been criticized for allowing senior professors to become unproductive, shoddy, or irrelevant. Universities themselves bear this risk: they pay dearly whenever they guarantee lifetime employment to an individual who proves unworthy of it. Universities therefore exercise great care in offering tenured positions, first requiring an intensive formal review of the candidate's record of research, teaching, and service. This review typically takes several months and may include the solicitation of confidential letters of

assessment from highly regarded scholars in the candidate's research area. Some colleges and universities also solicit letters from students about the candidate's teaching. A tenured position is offered only if the tenure-granting groups on campus (often a mixture of both senior faculty and senior administrators) judge that the candidate is likely to remain a productive scholar and teacher for life. In North American universities and colleges, the tenure track has long been a defining feature of employment. However, it is becoming less than universal. In North American universities, positions that carry tenure, or the opportunity to attain tenure, have grown more slowly than non-tenure-track positions, leading to a large "academic underclass". For example, most U.S. universities currently supplement the work of tenured professors with the services of non-tenured adjunct professors, academics who teach classes for lower wages and fewer employment benefits under relatively short-term contracts. For these and other reasons, academic tenure was officially restructured in public universities in the United Kingdom by the Thatcher government in the 1980s. It is no longer offered in Australia, New Zealand and in most of Europe. Note that most European university systems do not allow any teaching by young researchers, postgraduates, post doctoral fellows, or residents. This is especially the case in Germany, where practice in universities (but not advanced technical colleges) often differs from theory. In principle, teaching duties in German universities are restricted to tenured faculty and a few non-tenured staff members paid for research and teaching. In reality, much teaching is done by non-tenured research students and adjunct faculty. In France, tenure is granted early in academic ranks as well as to CNRS and other researchers. In Italy tenure is granted in early academic ranks as well as to Consiglio Nazionale delle Ricerchere searchers. Outside the United States and Canada, it is still common to offer a long contract to candidates who pass a less stringent review or confirmation, but with somewhat less job security than in lifetime tenure systems. Moreover, tenure is under attack in state universities in theUnited States. New Zealand offers "Confirmation" which is similar in effect to tenure, except that all university lecturers in New Zealand have a duty, enshrined in law, to act as a critic and conscience of society, whether their position is permanent or not.

From most ancient times, as a part of Dharma, one of the ideals placed before individuals was that for a higher or greater interest, lower or personal interest should be subordinated. This idealism is incorporated in a verse in Hitopadesha. It reads, 'Subordinate the interest of an individual for the sake of the family, of the family to subserve the interest of the village, of the village in the interest of the state, of all worldly interest in order to attain eternal bliss.
[http://en.wikipedia.org/wiki/Tenure_(academic)

'Dharma is that which is indicated by the Vedas as conducive to the highest good': Dharma is that which sustains and ensures progress and welfare of all in this world and eternal bliss in the other world. Dharma is promulgated in the form of commands, positive and negative, vidhi and nishedha. Therefore, dharma embraces every type of righteous conduct covering every aspect of life essential for the sustenance and welfare of the individual and society, and includes those rules that guide and enable those who believe in god and heaven to attain moksha (eternal bliss). The Nature of Ethical Weakness at Present Before we proceed further, it is worthwhile to have a look at the dynamics of ethics in public administration. This will help us to identify the basic elements that shape ethics in public administration. We can then appreciate how, while changes may be taking place in society due to various factors from time to time over centuries, values remain constant. As values remain constant, the principle of ethics also remains constant. As they remain constant, we all stand to gain by looking at the classical insights on ethics in public administration so that we can improve our current practice. As a society evolves, it is realized that the behavior of people has to be regulated if society as a whole is to survive. The welfare of a society is the result of cooperation between its members. No man is an island. The Ten Commandments evolved because if everybody was

indulging in stealing, murdering, or coveting his neighbor's wife, no orderly society could be possible. The Ten Commandments reflect the values that a society cherishes so that they become guidelines for action. The values are the fundamental principles that are essential for a good, orderly society. Practicing those values in terms of code of conducts gets translated into morals or ethics. As values of society remain the same, ethics also in principle remains constant. This is the underlying dynamism of ethics in public administration. So faster growth is not just a consequence of appropriate economic policy, savings rate, human capital and fiscal deficits, but, somewhat surprisingly, the level of honesty in the citizenry. This is one area in which Indian citizenry can do with a little bit of brushing up. The damage usually gets done early, when children are taught that 'honesty is the best policy'. As they grow up, they realize that whoever taught them that lesson was not quite honest. There are many situations in life where a quick lie, a broken promise or a reneged contract can bring about gains. Many people make a mistake in trying to cash in on these gains too often, not realizing that each time one does it, one tends to damage one's reputation. If a person breaks too many promises, people will be wary of getting into agreements with him or her. In other words, excessive dishonesty and corruption, as in our society, is a sign of several things but, importantly, of myopia. To a person interested in nothing but his or her own welfare, the Machiavellian lesson would be simple: try not to tell lies so that you can get away with the rare one when you have to. So even if people were fully selfish, if they calculated their own interest rationally (that is, without myopic short-sightedness), they would be more honest than they typically are. Something similar happens in the domain of corruption and dishonesty. Each such act hurts the nation or the community that one belongs to, but since that hurt does not enter the individual's calculations (especially so when the individual is selfish) people tend to 'overindulge' in corrupt and untrustworthy activities. Hence, nations where people are habitually (that is, not prompted merely by rational optimization) more honest, will tend to get more investment, trade and business. Many scholars direct their advice at the government or to politicians to act in certain ways, or to bureaucrats to carry out certain responsibilities. This

new research in the role of trust is also a reminder that some of the responsibility lies with ordinary citizens as well. We realize how values can lead to evolution of codes of ethical conduct. In the context of public administration what will be these values? The first of course is the concept of dharma or righteous behavior. When the British came and we inherited the British system of administration, we became familiar with the concept of the rule of law. The rule of law is nothing but the rule of dharma. As Brihadaranyaka Upanishad says, the law is above the king himself. In fact, it is necessary that we accept this, and try to shape our conduct and system in such a way that the principle of dharma or law is re-established. In the Indian democratic system we will be able to establish the rule of law only if we ensure that law makers do not become law breakers, or law breakers do not become law makers in the first instance. Collectively, people may have an interest in being even more honest and trustworthy than what the selfish rationality calculus induces. This is not always easy to understand. Let us begin by noting that people use group characteristics to judge individuals. Thus, people hold views as to how trustworthy Indians are and how punctual Latinos are; about the ethics of Protestants and the materialism of Calvinists; about how dependable the Japanese are as business partners and about how untrustworthy such and such people are (let me leave the identity of this last group to the reader's imagination) and so on. Remedial Action against the Current Rot I would like to present the following ideas in the context of current practices that have turned ours a highly corrupt country. We are looking at the issue only from the point of view of how the rule of law can be re-established with the help of the right type of law makers. The law makers in our country are the members of parliament and legislature. They can play a very important role in promoting a corruption-free government. Even in government, while the bureaucratic executive implements the law, it is also supervised by the political executive in the form of chief ministers, the prime minister and the cabinet. The political executive is also responsible to the legislature. The role of the law makers therefore can be seen from two

different angles. The first relates to the enactment of the law and the second relates to the implementation of the law. As Central Vigilance Commissioner (CVC) my jurisdiction does not cover the judiciary and the legislature. Nevertheless, as a citizen of the country and as a CVC who is concerned with the impact of criminalization of politics and corruption in the executive, I have taken up the issue with the Chief Election Commissioner to see how we can amend the electoral law, particularly Representation of People's Act, to see that the law breakers do not become law makers. I have made the following suggestions for consideration: 1. No political party can be permitted to contest the elections unless it has got the latest annual accounts duly audited by an auditor as may be prescribed by a notified agency like the Election Commission, the CAG or the Supreme. Court. 2. No political party may be permitted to contest the elections unless it has cleared its income tax dues and has got the requisite certificate from the income tax authorities. 3. Complaints regarding corrupt practices during elections can be looked into by the Election Commission even before the date of polling. The Election Commission has an excellent communication system to receive complaints of this type and can immediately take action so that there will be a healthy check and deterrent effect on corrupt practices during elections. Prevention is always better than cure. 4. A person who has been accused of an offence involving moral turpitude or any other criminal offence cannot be permitted to contest elections. The Election Commission may identify these offences. Instead of going only by the gravity of the offence and FIR being filed, the critical test for applying the ban on the candidate contesting an election should be that a concerned judicial authority like a magistrate should have examined the FIRs and the data, and gone to the stage of framing a charge sheet. If a person who has been charge sheeted for grave offences and moral turpitude as identified and notified by the Election Commission, is banned from fighting the elections, it will ensure that criminals do not enter politics and become representatives of the people. The responsibility can be cast on the candidate who must be asked to certify that he or she has not been charge sheeted or, if he or she has been, to give details. Such a person must also give

details of the past punishment awarded by the court. We do not know what action the Election Commission might take. Nevertheless, I think it is necessary to have a nationwide debate on this issue so that appropriate action is taken to tackle the issue of corruption at the political level. One of the reasons for corruption in government is that there are too many complicated and obsolete laws. The greater the number of laws, greater is the scope for red tape. Greater the scope of red tape, greater the temptation for corruption. It will be good if the law makers can have a look at the existing laws in the statute book and see how many of them can be done away with. In fact, when Shri I.K. Gujral was prime minister, the Indian government had set up the Jain Committee to identify the administrative laws that were obsolete. If I remember rightly, the committee identified about 3,500 laws of which about a third could be done away with. So in order to promote a corruption-free government we should start with a systematic campaign to remove obsolete laws from the statute book. In addition to the removal of obsolete laws, there is need to introduce a system that will ensure that no law remains on the statute book forever and thereby become another source for corruption. We should therefore bring in a concept like the sunset principle as in the United States. No law remains on the statute book forever and has a life of say five or 10 years, at the end of which period, unless it is consciously reviewed and re-promulgated, it will exit the statute book. This will automatically ensure that we do not have laws cluttering the statute book. The next important aspect is that law makers should pass laws that will promote an atmosphere of a corruption-free government. Transparency is increasingly recognized as a method for checking corruption. There is therefore an urgent need for passing a Freedom of Information Act. There is a fear that the Freedom of Information Act will be passed in such a way that there will be so many provisos and safety clauses that ultimately the basic objective of transparency in administration may be defeated. It will be necessary for law makers to ensure that such loopholes are not provided and citizens of the country have access to as much information as possible so that the degree of transparency in the government is enhanced. In fact, except for a small negative list of items having a bearing on the security of the nation or

some aspects that have a direct bearing on maintenance of peace and so on, there should be no restriction at all for the public in accessing government information. To the extent our law makers are able to create such an environment, they will have taken an important step towards bringing in a culture of honesty in government. The dynamics of corruption in government starts with a systematic attempt at politicizing the bureaucracy. Though in principle we are supposed to have a politically neutral permanent civil service of the British type, what we have in practice is the spoil system of the USA, without the corresponding checks and balances in that country that makes it far less corrupt than India. The simple instrument by which the political executive has found that the bureaucracy can be made to dance to its tunes is the instrument of transfers and postings. The importance of insulating at least the important and sensitive posts from this transfer instrument was highlighted by the Supreme Court in the Vineet Narain case, popularly known as the Hawala case. The Supreme Court pointed out that at least the two key investigating agencies of the Government of India, namely, the CBI and the Enforcement Directorate must be insulated from outside influences. This was sought to be achieved by making the Central Vigilance Commission a statutory body and making the CVC supervise the activities of the CBI. The CVC also chairs a committee in which the concerned secretaries are represented to choose the panel of names for the posts of director and senior officials of CBI as well as that of Enforcement Directorate. In addition, there is also an assured tenure of two years for the officials and they cannot be transferred without the consent of the CVC. This initiative of the Supreme Court so far as CBI and ED are concerned points a way by which we can systematically depoliticize the executive, or at least reduce the possibility of corrupt elements in the bureaucracy getting into sensitive posts and exploiting their position. It will be worthwhile to identify all the sensitive posts in the government and bring in a discipline that these posts will be filled up from a panel of names recommended by ant objective and independent committee like the CVC's committee for the CBI and ED. The composition of this committee can be different for different posts. Once posted, the incumbents will have a minimum tenure of two or three years. This will promote a certain amount of objectivity and relieve the present situation where corrupt elements literally bribe their way into sensitive

posts. The above method of investing the filling of key sensitive posts with objectivity will go a long way towards better control over corruption in government. The New Public Management and New Accountability
By:Peter Barberis

There has long been a disparity between the practice and the neo-Diceyan doctrine of accountability in British central government. This article shows that the New Public Management (NPM), while not itself the root cause of such disparity, has nevertheless both exacerbated and further exposed existing fault-lines. This much is evident from an examination of NPMs theoretical bearings and from brief case studies of the Child Protection Agency and the Prison Service. Reflecting broad and deep-seated forces, the NPM is unlikely to disappear. Thus although there are certain attractions in retaining neo-Diceyan assumptions, it may be more appropriate to reconstruct the formal doctrine. Drawing upon Spiros notion of multicentric accountability and within the context of calls for wider constitutional reform, the article sketches the basis for a new doctrine, having regard to relevant moralities and practicalities.
[http://onlinelibrary.wiley.com/doi/10.1111/1467-9299.00111/abstract (www.google.com)]

Accountability The concept in ethics and governance with several meanings. It is often used synonymously with such concepts as responsibility, answerability, blameworthiness, liability, and other terms associated with the expectation of account-giving. As an aspect of governance, it has been central to discussions related to problems in the public sector, nonprofit and private (corporate) worlds. In leadership roles, accountability is the acknowledgment and assumption of responsibility for

actions, products, decisions, and policies including the administration, governance, and implementation within the scope of the role or employment position and encompassing the obligation to report, explain and be answerable for resulting consequences. As a term related to governance, accountability has been difficult to define. It is frequently described as an accountgiving relationship between individuals, e.g. "A is accountable to B when A is obliged to inform B about As (past or future) actions and decisions, to justify them, and to suffer punishment in the case of eventual misconduct". Accountability cannot exist without proper accounting practices; in other words, an absence of accounting means an absence of accountability.

Political accountability Political accountability is the accountability of the government, civil servants and politicians to the public and to legislative bodies such as a congress or a parliament. In a few cases, recall elections can be used to revoke the office of an elected official. Generally, however, voters do not have any direct way of holding elected representatives to account during the term for which they have been elected. Additionally, some officials and legislators may be appointed rather than elected. Constitution, or statute, can empower a legislative body to hold their own members, the government, and government bodies to account. This can be through holding an internal or independent inquiry. Inquiries are usually held in response to an allegation of misconduct or corruption. The powers, procedures and sanctions vary from country to country. The legislature may have the power to impeach the individual, remove them, or suspend them from office for a period of time. The accused person might also decide toresign before trial. Impeachment in the United States has been used both for elected representatives and other civil offices, such as district court judges. In parliamentary systems, the government relies on the support or parliament, which gives parliament power to hold the government to account. For example, some parliaments can pass a vote of no confidence in the government.

Ethical accountability Within an organization, the principles and practices of ethical accountability aim to improve both the internal standard of individual and group conduct as well as external factors, such as sustainable economic and ecologic strategies. Also, ethical accountability plays a progressively important role in academic fields, such as laboratory experiments and field research. Debates around the practice of ethical accountability on the part of researchers in the social field - whether professional or others - have been thoroughly explored by Norma Romm in her work on Accountability in Social Research including her book on New Racism: Revisiting Researcher Accountabilities, reviewed by Carole Truman in the journal Sociological Research Online. Here it is suggested that researcher accountability implies that researchers are cognisant of, and take some responsibility for, the

potential impact of their ways of doing research - and of writing it up - on the social fields of which the research is part. That is, accountability is linked to considering carefully, and being open to challenge in relation to, one's choices concerning how research agendas are framed and the styles in which write-ups of research "results" are created. Administrative accountability Internal rules and norms as well as some independent commission are mechanisms to hold civil servant within the administration of government accountable. Within department or ministry, firstly, behavior is bounded by rules and regulations; secondly, civil servants are subordinates in a hierarchy and accountable to superiors. Nonetheless, there are independent watchdog units to scrutinize and hold departments accountable; legitimacy of these commissions is built upon their independence, as it avoids any conflicts of interest. Apart from internal checks, some watchdog units accept complaints from citizens, bridging government and society to hold civil servants accountable to citizens, but not merely governmental departments. Market accountability Under voices for decentralization and privatization of the government, services provided are nowadays more customer-driven and should aim to provide convenience and various choices to citizens; with this perspective, there are comparisons and competition between public and private services and this, ideally, improves quality of service. As mentioned by Bruce Stone, the standard of assessment for accountability is therefore responsiveness of service providers to a body of sovereign customers and produce quality service. Outsourcing service is one means to adopt market accountability. Government can choose among a shortlist of companies for outsourced service; within the contracting period, government can hold the company by rewriting contracts or by choosing another company. (http://en.wikipedia.org/wiki/Accountability)