Some Much Needed Civil Service History

From the August 31, 2024 LA Times: [Note the digital and facsimile editions have different titles.]

 

As someone who taught public administration at the graduate level, I'm well aware of the lack of knowledge of what 'the civil service' is.  So let me give you some background.  

Before the civil service was created in local, state, and federal governments, we had what is often called "the spoils system."

Briefly, 'to the victor, go the spoils.'  Winning candidates gave jobs to the campaign supporters.  This was the payoff for working on a campaign.  Qualifications were not nearly as important as loyalty.  This included positions as low as garbage collector and as high was head of the budget.  

Aside from the incompetence and corruption this led to, it also meant that whenever someone from a different party won, the whole government was thrown out and new people were put in place.  And had to learn from scratch, generally without any help from the fired former workers.

Political machines, like Tammany Hall in New York, would recruit new immigrants coming off the ships to work on their campaigns with the promise of a job if they won.  [US citizenship was not required to vote back then.  That changed later.  The Constitution gave the states the power to run elections and decide qualifications to vote.  The Constitution didn't ban women from voting, the states did.]

At the national level, this came to a head when Andrew Jackson was elected president and invited 'the riffraff' that elected him to the White House in 1830.  But it wasn't until a disgruntled office seeker assassinated President Garfield in 1881 because he didn't get the position he sought, that Congress got serious. 

In 1883 they passed the Pendleton Act that set up a civil service system based on merit.  

Merit, as in the 'merit system' means that positions are filled based on merit, or on one's qualifications for the job, not who you know.  

Local governments in New York and Boston didn't move to merit systems until the early 20th Century.  

Those merit systems weren't perfect.  The inherent biases of the day meant that women and Blacks weren't qualified except for what Trump would call 'women's jobs' and 'Black jobs.'  

And even today, the top level jobs in most governments are still filled with people who are loyal to the head of the government - whether that's a mayor, governor, or president.   Not only does that include cabinet officials but a top layer of 'exempt' positions.  Exempt meaning they are not covered by the merit system.  They can be hired and fired at will.  Usually the newly elected official picks people based on their loyalty to his policy as well as his professional qualifications to do the job.  But clearly that second part doesn't always happen.  The only check on this, is a required vote of approval by a legislative body - the US or state Senate, a City Council.  But if the newly elected executive  has a majority in the legislative branch too, that approval is often pro forma.

People hired through a merit system process also have job protections.  They cannot be fired except for cause - for violating the law, the policies or procedures, for gross incompetence etc.  Whereas the appointed (exempt) positions don't have such protections.  

After his 2016 election, Trump was frequently frustrated by career civil servants, who didn't jump to follow his often illegal instructions. The media have dubbed these people (who included many appointed positions as well) 'the guardrails' that kept Trump somewhat in line. He wanted the Justice Department to punish people who opposed him.  He did battle with the civil servants in various regulatory agencies who followed the law rather than Trump's illegal bidding.  

So, when we hear that Trump wants to destroy the civil service, as stated in the LA Times headline above, this is what we're talking about.  

He doesn't want a system that hires qualified people who cannot be fired except for cause.  (Again, for cause, means they have to do something that violates the laws, the rules, or is grossly incompetent or corrupt.)  He wants government workers that do his bidding without any resistance, without them telling him 'it's against the law.'

He wants to fire all those people who were hired based on merit (their qualifications to perform the job).  These include Democrats, Republicans, and non-partisan employees, and replace them with people whose main qualification is undying loyalty to Trump.  

That's pretty much all I want to say.

One of the very best books on this subject is Robert Caro's The Power Broker.  It's a biography of Robert Moses who played a major role in getting a merit system in place in New York.  It's a massive [1168 pages] book.  But it is also riveting as it goes into detail on how the idealist young Moses evolved into the powerful and corrupt power broker of New York. And in doing so tells the story of the civil service. Not only did the book win the Pulitzer Prize, it was also selected on most lists of the 100 best non-fiction books of the 20th Century. I challenge you to read the first hundred pages and not want to turn the page.