PADM 5389 Public ManagementMidterm ExamInstructionsThis is.docx

PADM 5389 Public Management
Midterm Exam
Instructions
This is a take home exam and there are four questions.
Questions in this exam are derived from the weekly lectures and
reading materials. Some questions are similar to weekly
discussions; however, they are more comprehensive and require
longer answers. Exam questions will require you to analyze
problems presented and synthesize answers using an integrated
view of the reading materials. Here there are few important
points:
1. Each question requires a long essay type answer (single
spaced).
2. Each question has sub-questions. Please make sure that you
answered all the sub-questions before you submit your final
exam.
3. Please use the course materials in your answers and write as
detailed as possible. Use APA style when you cite the readings.
Answers will be evaluated based on the criteria below.
a) Knowledge: to what extent answers include accurate and
complete knowledge pertaining the subject.
b) Analysis: to what extent answers make meaningful and
accurate analysis of problem presented in a question.
c) Course materials: to what extent answers use the course
materials and provides examples from them
d) Argument: to what extent the answers provide compelling
arguments (I encourage you to use the analysis and argument
framework provided in the Appendix section of our textbook)
This exam is an individual effort; collaboration is not permitted.
Each question has equal weight.
There is no page limit. Please write single spaced and paginate
your document.
Good luck and let me know if you have any questions.

Questions
1- Fundamental Concepts
1a) What is public management and what is the historical
background of the discipline?
1b) What is the relationship between public management and
public administration?
1c) Is public management different from private management?
Please discuss.
(Please include Hill & Lynn’s and Hughes’s arguments as well
as any other relevant course materials in your answer)
2- The Rule of Law and Accountability
2a) What is the rule of law?
2b) How did the rule of law and accountability develop in the
U.S.?
2c) What are the sources of rule of law in the U.S.?
2d) How do the rule of law, accountability, and the structure
dimension are related to each other?
2e) How can the rule of law guide a public manager while using
managerial discretion? In other words, what should a public
manager do for practicing lawful management? (hint: please use
Dimock’s guide for finding law on p.46)
3- The Administrative State
3a) What is the administrative state?
3b) What are the structural elements of the administrative state?
3c) What are the enabling and constraining structural elements?
3d) What role do budgets and public personnel systems play in
the administrative state?
3e) What are the alternatives to direct government?
3f) What are the criticisms for third-party government?
4- Tools for Public Managers and Putting Everything in a
Context
Please read the attach Department of Justice (DOJ)
memorandum regarding phasing out the use of private prisons.
Then read the Washington Post article regarding Attorney
General Jeff Session's memo rescinding phasing out the use of

private prisons.
4a) Please analyze the DOJ decision regarding the use of private
prisons at the federal level. Start your analysis by discussing
whether criminal justice services and specifically prisons are
inherently governmental activities.
4b) Then analyze the contractual relationship between the
federal government and private prisons by using one of the
theories discussed in week 7 (e.g. principal agent theory,
transaction cost theory). Does using private prisons make sense
from one of these theoretical perspectives? If yes, why? If no,
why not? Please explain.
4c-1) Finally, analyze the use of private prisons from
accountability perspective. How can private prisons be held
accountable in this contractual relationship?
4c-2) What are the challenges facing the DOJ, inmates, and the
private companies in the use of private prisons? Please use one
of the accountability frameworks (e.g. Romzek and
Dubnick's framework) while analyzing the case. Although not
required, feel free to do additional research when answering this
question.
When answering question 4, please do not forget to define the
theories and concepts you use. For example, if you would like
to discuss DOJ decision from principal-agent perspective,
please explain what principal-agent theory is in detail. Then
discuss whether the DOJ decision make sense from the principal
– agent theory perspective. If yes, why? If no, why not?
There is no right or wrong answer to this question. What really
matters is your ability to use the knowledge you learned in this
course to analyze the DOJ decision.
2

The Washington Post
National Security
Justice Department will again
use private prisons
By By Matt ZapotoskyMatt Zapotosky
February 23, 2017February 23, 2017
The Justice Department will once again use private prisons to
house federal inmates, reversing an Obama-era directive to
stopThe Justice Department will once again use private prisons
to house federal inmates, reversing an Obama-era directive to
stop
using the facilities, which officials had then deemed less safe
and less effective than those run by the government.using the
facilities, which officials had then deemed less safe and less
effective than those run by the government.
In a one-paragraph memo, Attorney General Jeff Sessions
rescinded the previous directive to the Bureau of Prisons to
eitherIn a one-paragraph memo, Attorney General Jeff Sessions
rescinded the previous directive to the Bureau of Prisons to
either
reduce or decline to renew private-prison contracts as they came
due.reduce or decline to renew private-prison contracts as they
came due.
“The memorandum changed long-standing policy and practice,
and impaired the Bureau’s ability to meet the future needs of
the“The memorandum changed long-standing policy and
practice, and impaired the Bureau’s ability to meet the future

needs of the
federal correctional system,” Sessions wrote. “Therefore, I
direct the Bureau to return to its previous approach.”federal
correctional system,” Sessions wrote. “Therefore, I direct the
Bureau to return to its previous approach.”
The directive marks a significant policy shift from the previous
administration, although the practical impact might beThe
directive marks a significant policy shift from the previous
administration, although the practical impact might be
somewhat muted.somewhat muted.
Most inmates are housed in state prisons, rather than federal
ones. Even when the Justice Department announced it would
noMost inmates are housed in state prisons, rather than federal
ones. Even when the Justice Department announced it would no
longer use private facilities, the action only affected 13 prisons,
housing a little more than 22,000 inmates. The original
directivelonger use private facilities, the action only affected 13
prisons, housing a little more than 22,000 inmates. The original
directive
also did not apply to Immigration and Customs Enforcement and
U.S. Marshals Service detainees, who are technically in thealso
did not apply to Immigration and Customs Enforcement and
U.S. Marshals Service detainees, who are technically in the
federal system but not under the purview of the federal Bureau
of Prisons.federal system but not under the purview of the
federal Bureau of Prisons.
Private-prison operators already stood to benefit substantially
from President Trump’s aggressive measures to detain

andPrivate-prison operators already stood to benefit
substantially from President Trump’s aggressive measures to
detain and
deport illegal immigrants.deport illegal immigrants.
As of Thursday afternoon, the Bureau of Prisons had 12
privately run facilities, holding 21,366 inmates. They are run by
threeAs of Thursday afternoon, the Bureau of Prisons had 12
privately run facilities, holding 21,366 inmates. They are run by
three
private-prison operators: Management and Training
Corporation, the GEO Group and CoreCivic, which used to be
known asprivate-prison operators: Management and Training
Corporation, the GEO Group and CoreCivic, which used to be
known as
Corrections Corporation of America.Corrections Corporation of
America.
Private prisons have faced significant criticism in recent years
from civil liberties advocates and others. Sally Yates, who
servedPrivate prisons have faced significant criticism in recent
years from civil liberties advocates and others. Sally Yates, who
served
as deputy attorney general in the Obama administration, did not
mince words in August when she ordered the Department ofas
deputy attorney general in the Obama administration, did not
mince words in August when she ordered the Department of
Justice — of which the Bureau of Prisons is a part — to Justice
— of which the Bureau of Prisons is a part — to end the use of
private prisons entirelyend the use of private prisons entirely by
phasing them out over time. by phasing them out over time.

https://www.washingtonpost.com/world/national-security
https://www.washingtonpost.com/people/matt-zapotosky/
https://www.washingtonpost.com/news/post-
nation/wp/2016/08/18/justice-department-says-it-will-end-use-
of-private-prisons/?utm_term=.2d8fb2f6c54f
“They simply do not provide the same level of correctional
services, programs, and resources; they do not save
substantially on“They simply do not provide the same level of
correctional services, programs, and resources; they do not save
substantially on
costs; and as noted in a recent report by the Department’s
Office of Inspector General, they do not maintain the same level
ofcosts; and as noted in a recent report by the Department’s
Office of Inspector General, they do not maintain the same level
of
safety and security,” Yates wrote.safety and security,” Yates
wrote.
The inspector general’s report concluded, among other things,
that privately operated facilities incurred more safety andThe
inspector general’s report concluded, among other things, that
privately operated facilities incurred more safety and
security incidents than those run by the federal Bureau of
Prisons. The private facilities, for example, had higher rates
ofsecurity incidents than those run by the federal Bureau of
Prisons. The private facilities, for example, had higher rates of
assaults — both by inmates on other inmates and by inmates on
staff — and had eight times as many contraband
cellphonesassaults — both by inmates on other inmates and by

inmates on staff — and had eight times as many contraband
cellphones
confiscated each year on average, according to the
report.confiscated each year on average, according to the report.
Private-prison operators vigorously disputed that report’s
conclusions, and they hailed Thursday’s memo from Sessions
asPrivate-prison operators vigorously disputed that report’s
conclusions, and they hailed Thursday’s memo from Sessions as
vindication.vindication.
Jonathan Burns, a CoreCivic spokesman, said the announcement
“validates our position that the department’s previousJonathan
Burns, a CoreCivic spokesman, said the announcement
“validates our position that the department’s previous
direction was not reflective of the high quality services we have
provided to the federal government for decades.” Pablo Paez,
adirection was not reflective of the high quality services we
have provided to the federal government for decades.” Pablo
Paez, a
spokesman for the GEO Group, said the company believed the
Justice Department’s earlier decision was “based on
aspokesman for the GEO Group, said the company believed the
Justice Department’s earlier decision was “based on a
misrepresentation,” and it welcomed the reinstatement of “long-
standing practice and policy at the Federal
level.”misrepresentation,” and it welcomed the reinstatement of
“long-standing practice and policy at the Federal level.”
Issa Arnita, a spokesman for Management and Training Corp.,
said the new directive empowers the Bureau of Prisons “toIssa

Arnita, a spokesman for Management and Training Corp., said
the new directive empowers the Bureau of Prisons “to
manage its facilities in a way that provides the greatest value to
taxpayers and the inmates in their care.”manage its facilities in
a way that provides the greatest value to taxpayers and the
inmates in their care.”
The private-prison industry is a formidable one, generating
billions of dollars of revenue each year and giving
significantThe private-prison industry is a formidable one,
generating billions of dollars of revenue each year and giving
significant
amounts to politicians. The GEO Group and CoreCivic, for
example, donated $250,000 to amounts to politicians. The GEO
Group and CoreCivic, for example, donated $250,000 to support
Trump’s inaugural festivitiessupport Trump’s inaugural
festivities,,
spokesmen for the companies said. Management and Training
Corp. did not, a spokesman said. Separately, the GEO
Group,spokesmen for the companies said. Management and
Training Corp. did not, a spokesman said. Separately, the GEO
Group,
gave $275,00 to the pro-Trump super PAC Rebuilding America
Now, according to FEC filings. One $100,000 donation came
agave $275,00 to the pro-Trump super PAC Rebuilding America
Now, according to FEC filings. One $100,000 donation came a
day after the Justice Department announced it would no longer
use the facilities.day after the Justice Department announced it
would no longer use the facilities.
The Justice Department had believed dwindling prison

populations would make it possible for the Bureau of Prisons to
end itsThe Justice Department had believed dwindling prison
populations would make it possible for the Bureau of Prisons to
end its
use of contract facilities, and a Justice Department spokesman
said in October that still appeared to be the case. Other
agencies,use of contract facilities, and a Justice Department
spokesman said in October that still appeared to be the case.
Other agencies,
though, did not see it that way, even during the Obama
administration.though, did not see it that way, even during the
Obama administration.
Immigration and Customs Enforcement, for example, inked a
contract in October to use a New Mexico facility that the
JusticeImmigration and Customs Enforcement, for example,
inked a contract in October to use a New Mexico facility that
the Justice
Department had moved Bureau of Prisons inmates out of. The
facility has a history of questionable deaths and
substandardDepartment had moved Bureau of Prisons inmates
out of. The facility has a history of questionable deaths and
substandard
medical care.medical care.
A government panel A government panel recommended in
Decemberrecommended in December that the Department of
Homeland Security continue with its use of private that the
Department of Homeland Security continue with its use of
private
immigrant-detention facilities — saying they were the only

realistic way to handle the volatile flows at the border. But
theimmigrant-detention facilities — saying they were the only
realistic way to handle the volatile flows at the border. But the
panel’s report was the subject of a contentious debate, and more
than two-thirds of a broader government group objected to
itspanel’s report was the subject of a contentious debate, and
more than two-thirds of a broader government group objected to
its
conclusion.conclusion.
David C. Fathi, director of the American Civil Liberties Union’s
National Prison Project, said that putting people into for-
profitDavid C. Fathi, director of the American Civil Liberties
Union’s National Prison Project, said that putting people into
for-profit
prisons was “a recipe for abuse and neglect,” and the new
Justice Department directive seemed to foreshadow the
worrisomeprisons was “a recipe for abuse and neglect,” and the
new Justice Department directive seemed to foreshadow the
worrisome
http://www.usatoday.com/story/news/politics/2017/02/23/privat
e-prisons-back-trump-and-could-see-big-payoffs-new-
policies/98300394/
https://www.washingtonpost.com/news/wonk/wp/2016/12/01/aft
er-review-of-policy-homeland-security-panel-says-private-
immigrant-detention-will-continue/?utm_term=.61276d96e059
possibility that “the United States may be headed for a new
federal prison boom.” If Sessions believes the Bureau of
Prisonspossibility that “the United States may be headed for a
new federal prison boom.” If Sessions believes the Bureau of

Prisons
could not meet its needs without using for-profit facilities, he
said, “you’ve got to wonder what they’ve got up their
sleeve.”could not meet its needs without using for-profit
facilities, he said, “you’ve got to wonder what they’ve got up
their sleeve.”
Matea Gold contributed to this report.Matea Gold contributed to
this report.
185 Comments
Matt Zapotosky covers the Justice Department for The Washingt
on Post's national security team. He has previously
worked covering the federal courthouse in Alexandria and local
law enforcement in Prince George's County and
Southern Maryland. Follow @mattzap
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U.S. Department of Justice
Office of the Deputy Attorney General

The Deputy Attorney General Wa shington, D.C. 20530
August 18, 2016
MEMORANDUM FOR THE ACTING DIRECTOR
FEDERAL BU~~y OF PRISONS
FROM: SallyQ. Yates~
Deputy Attorney General
SUBJECT: Reducing our Use of Private Prisons
Between 1980 and 2013, the federal prison population increased
by almost 800 percent,
often at a far faster rate than the Federal Bureau of Prisons
could accommodate. In an effort to
manage the rising prison population, about a decade ago, the
Bureau began contracting with
privately operated correctional institutions to confine some
federal inmates. By 2013, as both the
federal prison population and the proportion of federal prisoners
in private facilities reached their
peak, the Bureau was housing approximately 15 percent of its
population, or nearly 30,000
inmates, in privately operated prisons. 1
Since then, for the first time in decades, the federal prison
population has begun to
decline, from nearly 220,000 inmates in 2013 to fewer than
195,000 inmates today. In part, this
is due to several significant efforts to recalibrate federal
sentencing policy, including the
retroactive application of revised drug sentencing guidelines,
new charging policies for low-
level, non-violent drug offenders, and the Administration's

ongoing clemency initiative. Now,
three years since the Department of Justice announced its Smart
on Crime initiative, our efforts
to address the pressures facing the Bureau are seeing real and
positive results.
Private prisons served an important role during a difficult
period, but time has shown that
they compare poorly to our own Bureau facilities. They simply
do not provide the same level of
correctional services, programs, and resources; they do not save
substantially on costs; and as
noted in a recent report by the Department' s Office oflnspector
General, they do not maintain
the same level of safety and security. The rehabilitative services
that the Bureau provides, such
as educational programs and job training, have proved difficult
to replicate and outsource- and
these services are essential to reducing recidivism and
improving public safety.
1 As you know, the Bureau also maintains contracts with private
companies to operate hundreds of
community-based Residential Reentry Centers, or " halfway
houses," across the country. These facilities provide
short-term transitional housing and community-based reentry
services such as employment assistance. The use of
private companies to operate Residential Reentry Centers is not
the focus of this memorandum .
For all these reasons, lam eager to enlist your help in beginning
the process of
reducing--and ultimately ending-our use of privately operated
prisons. As you know, all of the

Bureau's existing contracts with private prison companies are
term-limited and subject to
renewal or termination. I am directing that, as each contract
reaches the end of its term, the
Bureau should either decline to renew that contract or
substantially reduce its scope in a manner
consistent with law and the overall decline of the Bureau's
inmate population.
I am aware that the Bureau is already taking steps in this
direction. Three weeks ago, the
Bureau declined to renew a contract for approximately 1,200
beds. Today, concurrent with the
release of this memo, the Bureau is amending an existing
contract solicitation to reduce an
upcoming contract award from a maximum of 10,800 beds to a
maximum of 3,600. Taken
together, these actions will allow the Bureau to end the housing
of inmates at three or more
private contract facilities over the next year, and will reduce the
total private prison population to
less than 14,200 inmates by May 1, 2017-a greater than 50
percent decrease since 20 I 3.
These steps would be neither possible nor desirable without the
Bureau's superb and
consistent work at our own facilities. I am grateful for the
tremendous and often unheralded
work done by Bureau staff. When a higher proportion of
America's prison population benefits
from those efforts, we will improve outcomes for them, for law
enforcement, and for the wider
community we serve. As a career prosecutor and fellow law
enforcement professional, I thank
you and your staff for your extraordinary service to this nation.

CC: Lee Lofthus, Assistant Attorney General for Administration
2

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