A Reasonable Public Servant: Constitutional Foundations of Administrative Conduct in the United States
Constitutional Foundations of Administrative Conduct in the United States
An essential text for PA courses on Human Resource Management as well as Public Management and Law, this book illuminates the role of the reasonable public servant, who strives to perform authorized functions efficiently, yet in a manner that aligns with constitutional values embodied in the Bill of Rights. "A Reasonable Public Servant" provides a comprehensive review of Supreme Court opinions in explaining the reasonable conduct of a public servant and the development of clearly established constitutional and statutory rights that a reasonable public servant is expected to observe: property rights; procedural due process; freedom of critical speech; privacy; equal protection; and anti-discrimination laws. The author relies on the Court's opinions as the exemplar of public reason, and pays close attention to the manner in which the Court balances among competing value priorities - for example, the rights of a public servant as an employee as well as an individual citizen, and the efficiency needs of the government as an employer as well as a sovereign state. This book's detailed appendices include the U.S. Constitution, the Bill of Rights, and Title VII of the Civil Rights Act of 1964.
Table of Contents
Foreword, Rosemary O'Leary; Preface and Acknowledgments; PART I. CONSTITUTIONAL FOUNDATION OF THE PUBLIC SERVICE; 1. The Constitution and a Reasonable Public Servant; 2. Personal Responsibility; 3. Official Responsibility; PART II. CONSTITUTIONAL RIGHTS OF THE PUBLIC SERVANT; 4. Property Rights, Liberty, and Procedural Due Process; 5. Freedom of Critical Speech; 6. Right to Privacy; 7. Equal Protection and Affirmative Action; PART III. CIVIL RIGHTS OF A PUBLIC SERVANT; 8. Discrimination in Employment; 9. Sexual Harassment and Employer Liability; 10. Americans with Disabilities; PART IV. CONCLUSION; 11. The Identity of a Reasonable Public Servant; APPENDICES; Glossary; About the Authors; Index.