I have long been concerned with

the proposition that not only public

seryants, but also all citizens, are nec-
essarily "independent moral actors."
The phrase derives from Harvard
political scientist Dennis Thompson,
who has promulgated arguments relat-
ing Io the ethic of neutrality and the
ethic ofstructure.
By the ethic of neutrality, admin-
istrators are not to be expected to act
on moral principles of their own, or to
apply personal values, but to discover
what the government intends. Debate
is permissible only to the point of pol-
icy decision, and thereafter inappli-
cable and inappropriate. By the ethic
of structure, administrators are not,
in general terms, to be held morally
responsible for government policies
and decisions; their personal moral re-
sponsibility extends only to the duties
within the limits of their own office.
Todoy's Reolities
Thompson argues that the ethic of
neutrality does not reflect the reali-
ties of public administration today,
in which public servants do develop
policy, and in which narrowness of
choice is impractical and unsustain-
able. Thompson further argues that the
ethic of structure attempts, wrongly,
to disavow the contention that indi-
vidual actions are parl ofa collective
act.r Hence, accountability to the state
would supersede accountability to the
electorate, and individual indepen-
dence is circumscribed by adherence
to the values of the state.
This is contrary to reality, for ad-
ministrators do not act in isolation
On Being a
CAO in Canada
of the public implications of their
actions, tend not to
jeopardize
ac-
crued interests (monetary, such as
pensions; personal, such as family),
acknowledge that the development of
democratic policy is fundamentally
consensual and incremental in nature
(hence, inclusive of opposition), and
recognize that moral situations seldom
can be simplified.'z
I thus agree with Thompson that
"personal responsibility must extend
beyond role responsibility," thaf "la]
ctions and results must count for more
in the public arena than motive or in-
tent," and that "public officials must
exercise foresight regarding the out-
comes of their actions."3
Note the distinction between pub-
lic officials and elected officials.
Quite
frankly, however, being a
CAO in Canada is now more like a
blood sport; or, as one professional
recruiter acquaintance of mine says,
"the position closest to the door."
If something doesn't go right for
council, be assured it won't be their
fault. The days ofthe civil servant are
over; servitude still works, but non-
partisan independence has predictable
risks. As one of my treasurers astutely
observed, "You're only as good as
your last mistake."
by Hendrik Sleglenhorst
Whot You Con Reolly Expect
So, leaving aside all the university
teaching about the glories ofpublic ad-
ministration in Canada, here's some of
what you really can expect.
1. Too mony elected officiols
become pompous, ond loo
mqny prefer lo remqin so.
Getting elected is not the same
as being elected. Furthermore, most
elected offrcials cannot lead, inspire, or
make a decision. Talk for the sake of
talk, compulsively prevalent in politi-
cal arenas, is the enemy ofdecision and
action.
Endless hours ofcouncil debate of
a meaningless motion merely puts off
engaging the real needs of the commu-
nity that government has responsibility
for ensuring; namely, public safety and
infrastructure. Almost every politician
on the campaign trail promises brev-
ity, decisiveness, and consultation, and
almost every politician once in office
does exactly the opposite.
Charles Dickens, in Bleak House,
describing a case ofcivic duty, noted
that the speaker had"a good deal to
say, chiefly in parentheses and without
punctuation, but not much to tell." It is
still thus.
2. Trulh is inconvenient.
Consultants will tell council whatev-
er it wants to hear, not what it needs to
hear. Ifthe firm is engaged directly by
HENDRIK SLEGTENHORST is a writer and local
government professional, based in Edmonton, Al-
berta. His website is at <www.culturalrites.com>.
Kenneth Kernaghan and John W. Langford,
The Responsible Public Sentant (Institute of
Public Administration in Canada, 1990), pp.
12-14.
Dennis F. Thompson, "The Possibility ofAd-
ministrative Elhics," Public Administration
Review 45 (1985), pp. 555-561.
Ibid.
OCTOBER 201 2 MUNICIPAL WORLD 13
council, rather than the administration,
the decision has already been made.
3. f}*w*r cnrnup*s.
h!
$ufi gets rje df:rT]fi ed.
Many communities have not taken
much care of themselves; and inept gov-
ernance, often stretching over decades
and often by the same individuals, has
exacerbated the decline. The consequenc-
es inciude many brownfields, derelict
institutional buildings, opportunistic de-
velopment, and gutting of the downtown.
Community pressures, frequently in
the fonn ofnarrow interest groups, pre-
vail over any real attention to budgetary
responsibility. Moreover, this has become
somewhat circular, with the council of
the day having been elected parlially be-
cause of platforms that were based on a
catechism offiscal probity and restraint,
and the usual panoply of uninformed
vows to get the proverbial house in order.
But disarray, in this scenario, is
naturally a consequence of management
subordination orinsubordination take
your pick on any given day
-
and not a
consequence of a disconnection between
community expectation and how elected
officials have handled the availability of
resources.
Cutting costs, reducing debt, im-
proving accountability, making the hard
decisions, all became the catchwords of
councillors in the coffee shops.
lnexorably, the first big test arrives
at a most unexpected time. Does the
town close a facility that is potentially
unsafe and well beyond its useful life,
or does it throw money at it in a zeal of
capitulation to a grouping ofinsistent
voices in the community? I will let
knowledgeable readers supply the inevi-
table answer.
,*."
S*y*rnn:en? is n*f c bus!r-l**s.
The bottom line is social capital, not
monetary profit. In this regard, a com-
munity govemed without established
goals will go nowhere. If one doesn't
determine the destination, every deci-
sion paves a cul-de-sac. Councils who
insist change is necessary generally dis-
semble as ever so polite tumcoats. To test
this statement, try to change anything
deemed to be consequential without a
council okay. Councils who want orga-
nizational change are generally talking
about organizational decimation. Why
have costly people on staff when the
backhoe can shor el whar is necessary
into the financial statements?
5. ei*ieen* wffn* * l**
{*r ncxf t* n*tl"ling.
Citizens want low taxes, clean water,
invisible disposal of human waste, good
roads, cheap electricity, instant selice,
and no restrictions on their activities,
however inconvenient the latter are to
neighbours or the community at large.
However, advanced societies are expen-
sive, and debt inevitably invites collapse.
Nonetheless, citizens want no govern-
ment interference, but insist that govem-
ment take responsibiliry for everydhing
that goes wrong. For exan.rple, sue the
govemment when the water rises in the
flood plain.
BEING A CAO, cont/d on p. 40
l4 MUNICIPAL WORLD OCTOBER 201 2
LEADERSHIB cont'd from p. l0
"Some Googlers use their '20 percent
time'to fix an existing project," writes
Pink, "but most use it to develop some-
thing entirely new. In a typical year,
more than half of Google's new offer-
ings are birthed during this period of
pure autonomy." Products like Google
News, Gmail, Orkut (Google's social
networking software), Google Talk,
Google Sky, and Google Translate all
came from this effort.
Now you may be thinking, that may
work for Google, but how are munici-
palities supposed to give autonomy to
staffi, especially when there is little to
no control over project timelines, and
everything the organization does is
under public scrutiny? Good question.
While it is true that you may not be able
to choose when some projects must be
completed, you can still allow staffto
work out the logistics or how the plan
will be executed.
For many leaders, there are several
causes to be reluctant to give autonomy
to staff, such as lack ofconfidence in
the employee, fear of losing control,
concem about failure, and fear ofbe-
ing blamed if things go wrong. First,
acknowledge your reluctance to give
control and then remind yourself of all
the benefits of enabling your staffwith
autonomy. You may not be able to pro-
vide complete autonomy; however, you
may allow staff to manage their time
to work on assigned tasks. If possible,
let staffchoose who to work with on
project teams and have them develop
the timelines. You can work with them
to set realistic expectations at the begin-
ning of a project/assignment
and meet
with staffregularly to ensure they are
on track.
Generally, employees want to do a
good job
and be acknowledged for their
effort. A successful leader will engage
their staff by linking individual perfor-
mance to organizational strategies and
providing employees with autonomy to
get things done. You will be amazed at
what an engaged workforce can produce
if given the opportunity to innovate,
create, and implement. MW
BEING A CAO, cont'd from p. 14
6. Competence is
{req uently irrelevo nf .
Most administrators are competent
and committed to good govemment of
the community. This is often at cross
purposes with what elected officials seek,
as good govemment does not necessarily
purchase votes. Municipal organizations
that give stafftheir head tend to fare
better than those who do not. My first
mayor said he hired people smarter than
him; he was the best mayor I had.
7. Orgonizotionol behoviour
is often based on insincerity.
Staffwant to be loved, but only as
long as you're in charge. And if you
don't love them, they'll want someone
else in charge.
A Different Kind of Teom
Motivational speakers often use some
variant of "the way you play your games
is the way you run yow life." I always
thought this was pure bunk. Moreoveq
teams in the workplace, where the fire
chiefcould care less about taxation soft-
wa.re, are a species considerably different
than sports teams.
There are few sports in which all or
most of the team is playing at the same
time and for extended periods of time.
Soccer is one. Basketball is perhaps an-
other. Hockey and baseball aren't; those
sports are based on plays. Teams in ten-
nis are never more than two, so that's
more like a relationship. Teams in curl-
ing are never more than four, so that's
more like a double date. Swimmers and
runners, even in relays, are alone. Golf is
solitary. Try auto racing with a group at
the wheel.
The comparison of govemment to
sport therefore has some foundation. We
know the value ofexcellence in sports
lies in dedication to expertise and dis-
cipline, and in the inherent stimulus of
competition to excel. By analogy, the
value of excellence in government lies
in dedication to expertise and discipline
*
with the inherent stimulus of open
debate to heighten service to the com-
munity. MW
OPEN DATA, cont'd from p. 30
5. Exclusion of liability
-
Prohibi-
tion against suing the city in connec-
tion with the data sets or the use to
which they are put.
6. Liubility
for
not complying
with terms of use
-
Recipient is to
be liable for, and liable to, fully and
monetarily indemnify the city, as well
as its agents for all breaches, as well
as paying for all legal expenses ofthe
city.
7. Cuncellation
for
non-compli-
ance
-
Certain rights to the city to
cancel or suspend access to the data
sets in event of breach of terms of use
or unlawful use.
8. No endorsement
-
Recipient
is precluded from representing or
implying that the city has sponsored,
approved, or otherwise endorsed re-
production ofthe data sets.
9. No ussociqtion
-Recipient
may
not use any trademark or other em-
blem or logo ofthe city or any ofits
other references or means of promo-
tion without first obtaining the city's
prior written consent, nor imply any
sort of association or affiliation with
that city.
10. Governing law andjurisdic-
tion
-
As data sets are published
within the specified province, the
terms are governed by the law of the
province where the city is located.
Conclusion
In summary, the "plain-Eng1ish"
terms of use and licence structure in
use for open data appears fairly con-
sistent throughout Canadian munici-
palities and is far less complex and
more free of legalese than licensing
provisions typically found in commer-
cial software, data licences, and ICT
contracts.
It will be interesting to watch as
government becomes more open, data
in greater supply, and senior levels of
government garrer experience. Will the
enabling terms and licensing processes
remain straightforward, or become
shrouded in escalating levels ofsophis-
tication? Only time will tell. MW
40 MUNICIPAL WORTD OCTOBER 2012