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September 15, 2016

Are You a Micromanager? Get Over It.


Are You a Micromanager? Get Over It.
An article by Otis White posted on the Internet on September 14, 2016, by Governing. Copyrighted© 2016 by Otis White, otwhite@civic-strategies.com; re-posted by NYPPL with permission.

Fiorello La Guardia, New York's legendary mayor, ran every aspect of the city from his desk. That's nothing to emulate.

In February 1945, John Gunther sat at Fiorello La Guardia's elbow for eight hours and 20 minutes and watched him work. Gunther was a famous journalist. La Guardia was New York's mayor and was even more famous -- a short, profane whirling dervish of energy and ideas.

La Guardia did not disappoint. As Gunther watched, the mayor made decisions in machine-gun fashion, riffling through letters and reports on his desk, barking at this three secretaries, interrogating subordinates. He even found time to hold a press conference while seated at his desk.

No item, it seemed, was too small for La Guardia's attention. When the president of the New York Board of Education dropped by, he grilled her about lunchroom decorum, personnel transfers (he told her he would handle one of them personally) and pay raises. They argued a while about whether an administrator should get a $500-a-year raise or a $1,000 raise. At La Guardia's insistence, he got $500.

Gunther was stunned. As he wrote later, La Guardia "really runs the entire machinery of New York City, in all its dazzling complexity, singlehandedly."

Some regard Fiorello La Guardia as America's greatest mayor ever. Maybe, but he was a terrible manager. If you are a mayor, agency director or someone managing a complex civic project, think carefully about La Guardia's management style -- and then run from it as fast and far as possible.

That's because La Guardia was what we would call today a "micromanager," and by inserting himself into so many decisions he undermined those who worked for him. In short, we don't need mayors or top administrators to be involved in minutia. We need them to make strategic decisions that bring major results.

So consider this two-part test next time you're handed an issue: Can this decision be made at a lower level by those who will be directly involved in its implementation? And if the decision is made at that level, is it likely to affect other interests? If the answer to the first question is yes and the answer to the second is no, then your response should be, "That's for you to decide." If the answer to the second question is yes, your response should be: "Pull together a group to make this decision and make sure these people are involved." Have a nagging sense that something might go wrong? Then add: "And when you reach a decision, run it past me."

Pushing decision-making to the appropriate level is one of the most important things a manager can do, for three reasons. First, all things being equal, it will result in better decisions. Believe it or not, teachers and cafeteria workers know more about lunchroom decorum than mayors. It makes sense, then, to have those closest to the decisions -- especially those who'll implement them -- involved in the solutions.

Second, it forces you to think about decision-making as a process and not just an act. And the more you think about the process, the better you can teach it to others. As you push decisions down, remind your managers of how good decisions are reached: with the right information, the right people, the right decision-making processes. Show them how to keep discussions open and frank, to consult widely about possible solutions and to consider testing solutions before fully implementing them.

Finally, pushing decisions down puts the emphasis where it should be, on hiring and training the right people. You cannot run a driver's license bureau, a downtown redevelopment project or the entire government of New York City by yourself. But you can, over time, staff it with good managers who'll make good decisions because they learned how to do so ... from you.

About the author

Otis White is president of Civic Strategies Inc., an Atlanta-based firm that does collaborative and strategic planning for local governments and civic organizations. He also writes frequently about civic leadership and change, in his blog at otiswhite.comand in national publications such as the New York Times. He originated the Urban Notebook feature on Governing.com in 2002, posting daily for five years.

In 2012, White published a multimedia book, "The Great Project: How a Single Civic Project Changed a City," for reading on an iPad. He hosts podcasts about civic leadership and is helping to create an annual event called the Civic Exchange to explore urban successes and how they come about. You can learn more about him at the Civic Strategies website.

September 14, 2016

From the Law Blogs


From the Law Blogs

Posted in Wolters Kluwer's WorkDay http://www.employmentlawdaily.com/

[Internet links highlighted in color]

United States Court of Appeals, Third Circuit, affirms jury’s finding that “agency reorganization” was pretext for unlawful termination of assistant county solicitor

Declining to decide whether there is a “reorganization exception” to procedural due process requirements when a government employee with a protected property interest loses her job in a “reorganization,” the Third Circuit found that such an exception would not apply here because the evidence indicated the assistant county solicitor’s termination was based not on identity-neutral, cost-driven reasons, but on the defendants’ knowledge of her and of the people who would occupy the part-time positions created to replace her full-time position. Essentially, the evidence supported the jury’s finding that the reorganization was pretext for unlawful termination. The appeals court affirmed the $94,232 award on the employee’s Section 1983 claim and affirmed the award of $186,018 in attorneys’ fees and costs (Mancini v. Northampton County).

Ms. Park’s article is posted on the Internet at:
http://www.employmentlawdaily.com/index.php/news/jury-found-reorg-was-pretext-to-oust-county-attorney-94k-award-upheld/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+CCH-Workday+%28WK+WorkDay%29 


© 2016 CCH Incorporated. All rights reserved. The foregoing summary is reprinted with permission. This article was published in Wolters Kluwer Daily Reporting Suite on September 14, 2016. For more information, please click here [http://www.dailyreportingsuite.com/files/DailiesReprintPermissionsAfter7Days.pdf]



Virginia courts find the Uniformed Services Employment and Reemployment Rights Act of 1994 does not entitle returning military personnel to a 2-year convalescence period after reemployment

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA 38 U.S.C. 4301-4335) [USERRA] afford returning service members protection only during the act of rehiring, ruled the Virginia Supreme Court, in affirming a state trial court’s grant of summary judgment against a deputy sheriff who claimed that her employer failed to sufficiently accommodate her service-related disabilities. The county sheriff’s office met its obligations under USERRA by promptly reemploying the plaintiff in the same position she held prior to leaving for service, the court found. It also determined that the sheriff was not required to allow her a two-year convalescence period following reemployment before terminating her employment (Huff v. Winston).

Ms. Hackeroff’s article is posted on the Internet at: http://www.employmentlawdaily.com/index.php/news/returning-service-member-not-entitled-to-2-year-convalescence-period-after-reemployment/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+CCH-Workday+%28WK+WorkDay%29 

© 2016 CCH Incorporated. All rights reserved. The foregoing summary is reprinted with permission. This article was published in Wolters Kluwer Daily Reporting Suite on September 14, 2016. For more information, please click here [http://www.dailyreportingsuite.com/files/DailiesReprintPermissionsAfter7Days.pdf]



United States Court of Appeals, Ninth Circuit, rules supervisors of county employee are immune from lawsuit alleging deliberate indifference to a known workplace danger

Although the widow of a health district employee who died due to workplace exposure to toxic mold had shown a violation of a due process right to be free from state-created danger, a divided panel of the Ninth Circuit nonetheless reversed an order denying qualified immunity to two of the employee’s superiors because it was not clearly established, at the time of their allegedly unconstitutional actions, that the state-created danger doctrine applied to claims based on workplace conditions. Judge Noonan dissented and Judge Murguia dissented in part (Pauluk v. Savage).

Ms. Park’s article is posted on the Internet at:
http://www.employmentlawdaily.com/index.php/news/supervisors-immune-from-suit-claiming-deliberate-indifference-to-known-danger-of-workplace-toxic-mold/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+CCH-Workday+%28WK+WorkDay%29 

© 2016 CCH Incorporated. All rights reserved. The foregoing summary is reprinted with permission. This article was published in Wolters Kluwer Daily Reporting Suite on September 14, 2016. For more information, please click here [http://www.dailyreportingsuite.com/files/DailiesReprintPermissionsAfter7Days.pdf]
 

Selected reports issued by the New York State Comptroller September 13, 2016


Selected reports issued by the New York State Comptroller September 13, 2016
Source: Office of the State Comptroller

[Internet links highlighted in color]


City Universityof New York – Control over integrated resources and services tool 
CUNYfirst replaced CUNY’s legacy computer systems as an integrated and flexible state-of-the-art program. Auditors, however, concluded that CUNY’s processes and controls did not adequately restrict CUNYfirst users’ access to ensure that individuals only had appropriate roles assigned. For example, a student had access to a business application that students normally cannot access. Multiple individuals also appeared to have roles for which they had no business purpose. For example, 22 employees outside of financial aid could apply for student loans for individuals other than themselves. Also, a student employee had unauthorized grade change capability. For the period January through May 2015, this student employee changed grades 127 times for other students. http://osc.state.ny.us/audits/allaudits/093016/15s34.pdf


State Education Department – ARC of Ulster-Green compliance with the reimbursable cost manual
 
For the year ended Dec. 31, 2014, The ARC of Ulster Greene generally complied with state guidelines for reimbursement. Auditors identified $995 in other-than-personal-service costs charged to the programs that did not comply with SED’s requirements for reimbursement. http://osc.state.ny.us/audits/allaudits/093016/15s60.pdf


Energy Research and Development Authority – NY-Sun Incentive Program
 
NYSERDA’s oversight of NY-Sun is adequate; however, auditors identified two areas where additional controls are necessary. NYSERDA established 210 days as the expected time required for installers to complete most projects, and an extension request is required if the project exceeds this timeframe. However, 1,568 projects not only have exceeded 210 days, but have been open for more than 300 days, and do not have an extension request. Auditors found NYSERDA had not completed the required inspections of the initial three jobs for some new installers, nor has it documented the reasons for the deviation. http://osc.state.ny.us/audits/allaudits/093016/15s91.pdf

 
State Universityof New York – Compliance with the Jeanne Clery Act [20 USC §1092(f)] 
An initial audit report issued in August 2014 found that certain SUNY colleges published inaccurate crime statistics on their Annual Security Reports or to the Department of Education which could affect the public's ability to accurately assess college safety and security and make valid comparisons among colleges. In a follow-up report, auditors found SUNY officials have made some progress in correcting the problems identified in the initial report. However, improvements are still needed. http://osc.state.ny.us/audits/allaudits/093016/16f4.pdf


Office of General Services – Hourly based information technology services 
Auditors found OGS does not have an effective process to ensure a candidate consultant’s qualifications meet the mandatory qualifications specified by the agencies using the Hourly Based Information Technology Services (HBITS) contract, so OGS could not ensure it paid the correct hourly bill rates.  In particular, OGS does not ensure the HBITS vendors fulfill their contractual obligation to verify that a candidate has the mandatory qualifications specified by the agencies, nor do OGS staff verify the mandatory qualifications. http://osc.state.ny.us/audits/allaudits/bseaudits/bse20160902.pdf


Westchester County Health Care Corp. – Supplemental payments to executive employees 
From 2013 through 2015, WCHCC paid 18 executives (with base salaries totaling about $21.6 million) almost $4.6 million in supplemental payments. The largest supplemental payments (totaling about $2.7 million) were made to the chief executive and the chief financial officer and accounted for almost 59 percent of the total paid. WCHCC officials stated that senior management had goals and were evaluated on achieving those goals before receiving their payments. During the audit period, senior managers often did not submit goals and achievements statements. Further, WCHCC officials could not provide written performance evaluations for any senior managers. Auditors identified other payments that may require further examination by WCHCC officials which, among other things, included sign-on and retention bonuses. Auditors also found that not all of the supplemental payments were reported to the Authorities Budget Office. http://osc.state.ny.us/audits/allaudits/093016/15s77.pdf

September 13, 2016

New York State Department of Civil Service expands opportunities for advances placement in generalist job titles



New York State Department of Civil Service expands opportunities for advances placement in generalist job titles
Source: State Personnel Management Manual Advisory Memorandum #16-04

Scott DeFruscio, Director of Staffing Services, New York State Department of Civil Service has advised State department and agency personnel, human resource, and affirmative action offices of a further expansion of the pre-approved minimum qualifications that can be used for advanced placement of eligibles on the Professional Career Opportunities [PCO] list or the State Education Department's Public Administration Trainee Transition [PATT] list to PCO Generalist Job Titles.
Such advanced placement appointments are made at the discretion of the appointing authority.

Eligibles who have a Juris Doctor, master's or higher-level degree in a field related to the duties of the position may be advanced placed to the Trainee 2 level of two-year traineeships. Eligibles possessing a duties-related Juris Doctor, master's or higher-level degree and one year of experience performing the duties of the journey level title may be advanced placed to the journey level of two-year traineeships.

An appointing authority has discretion in determining whether an eligible’s degree is related to the duties of the position and the Division of Classification and Compensation can provide assistance in making these determinations.

A PDF format version of Advisory Memorandum 16-04 is posted on the Internet at: https://www.cs.ny.gov/ssd/pdf/am16-04.pdf

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