Collaborative Public Management, Collaborative Governance, and the by mpu40073

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									Collaborative Public Management,
    Collaborative Governance,
and the Constraints of Public Law:
     A Proposal for New Legal
           Infrastructure
            Lisa Blomgren Bingham
  Keller-Runden Professor of Public Service
 Director, Indiana Conflict Resolution Institute
               Indiana University
  School of Public and Environmental Affairs
                 Delegation Doctrine:
                             Sources
U.S. Constitution Art. I, sec. 1: “All
 legislative Powers herein granted shall be
 vested in a Congress of the United
 States....”

Schecter Poultry (sick chicken case)
  Early case on collaborative public management
  Unconstitutional delegation of legislative
   authority to private network/working groups
                           Disconnects
Collaborative public management literature
 looks at substance of what public agencies
 and managers do in networks of actors
Collaborative governance literature looks
 at democracy and public’s role in shared
 decisions, both process and substance
Public law framed in terms of INDIVIDUAL
 AGENCY ACTION and PROCESS
             Public Law as a Constraint on
                             Collaboration
 How do you reconcile delegation law with
  collaborative public management and
  collaborative governance?
 Agranoff (2007 forthcoming) finds that CPM
  networks with a legal mandate take action; those
  without tend to be more informational.
 THE BOUNDARY POINT: Myriad examples of public
  law as variable/constraint during conference
             Conference examples
 Feiok: Florida, can do anything in collaboration
  you can do apart
 Page: State mandates for accountability
 Rainey: Emergents then mandated one-stops
 Fung: Democracy cube, some PP mandated
 Cooper: LA city charter for neighborhood councils
 Provan, Graddy: mandates and
  legitimacy/effectiveness
 Van Slyke: Contracting entails legal authority
 Soon Hee Kim: Can’t pay taxes on line - illegal
                                Existing legal
                               infrastructure
 Can be authority or constraint
 Administrative Procedure Act
 Federal Advisory Committee Act
 Freedom of Information Law
 Negotiated Rulemaking Act
 Administrative Dispute Resolution Act
 USIECR
 State equivalents, offices of dispute resolution
 Local government equivalents
                      Do we need a new
                               statute?
 Must address delegation problem - let agencies do
  in networks anything they could do alone
 Must address transparency, FOIA
 Authorize to use varieties of collaborative
  governance: dialogue & deliberation with teeth
  rather than old style public participation
 Address accountability by broader public role in
  networks
 Operating Assumption: The more you delegate to a
  collaborative public management network, the
  more transparency and public participation you
  need

								
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