The New Governance: Practices and Processes for Stakeholder and Citizen Participation in the Work of Government

1
The New Governance Practices and Processes for
Stakeholder and Citizen Participation in the Work
of Government

• Lisa Blomgren Bingham, Indiana University School
  of Public and Environmental Affairs
• Rosemary OLeary, Maxwell School, Syracuse
  University
• Tina Nabatchi, Doctoral Candidate, Indiana
  University

2
Outline of Argument

• Need to expand definition of new governance
• Role of stakeholders and citizens
• Public and administrative law infrastructure
• New governance processes and practices
• Research agenda

3
Definitions of New Governance

• Frederickson
• Kettl
• Salamon
• Need for expanded definition

4
Role of Citizens and Stakeholders

• The new public administration
• Horizontal versus vertical relations to
  governance
• Citizen engagement
• Calls for more
• Not enough attention in public administration to
  how, when, and with whom

5
Public and Administrative Law Infrastructure

• Quasi-legislative and quasi-judicial agency
  action distinguished
• Rulemaking versus adjudication
• Federal Administrative Procedure Act
• Negotiated Rulemaking Act of 1996
• Administrative Dispute Resolution Act of 1996
• State administrative law equivalents
• Uniform Mediation Act

6
New Governance Processes

• Quasi-legislative processes negotiated
  rulemaking, collaborative policy-making,
  consensus building, deliberative democracy
• Quasi-judicial processes mediation,
  facilitation, fact-finding, arbitration
• Environmental governance as example

7
Commonalities

• Quasi-legislative and quasi-judicial new
  governance processes share common goals.
• They enhance individual exercise of voice.
• They empower citizens and stakeholders.
• They focus on interests more than rights.
• They create dialogue where there is conflict.
• They connect people to the policy process.

8
Examples International

• Quasi-legislative Environmental protocols, trade
  agreements, NAFTA, EU Human Rights Convention, EU
  Constitution, UN enabling documents
• Quasi-judicial Dispute resolution panels and
  tribunals, ICJ, Court of Arbitration for Sport,
  all of international arbitration - ICC, NAFTA
  arbitration

9
Examples Federal

• Quasi-legislative negotiated rulemaking at the
  EPA and DOT, USIECR and multi-stakeholder
  consensus-building in upstream environmental
  conflict, AmericaSpeaks ADSS
• Quasi-judicial EEOC and federal agency mediation
  of discrimination complaints, Canadian human
  rights mediation, USAF procurement mediation and
  disputes panel

10
Examples State

• Quasi-legislative negotiated rulemaking,
  facilitated citizen advisory committees,
  multi-stakeholder watershed management
  partnerships, regional planning exercises by
  AmericaSpeaks
• Quasi-judicial mediation of workers
  compensation, discrimination, wrongful dismissal,
  mediation in shared neutrals programs on
  environmental enforcement

11
Examples Local

• Quasi-legislative community visioning exercises,
  national issues forum deliberations, Listening to
  the City and DC participatory budgeting by
  AmericaSpeaks
• Quasi-judicial National Association for
  Community Mediation members, Victim Offender
  Mediation Association members

12
Multisectoral The Environment

• Quasi-legislative Rio Earth Summit in Brazil
  (1992), yielding Agenda 21 signed by 170
  governments, to be taken globally, nationally,
  and locally 2,400 NGOs participated.
• Quasi-judicial Mediation of multi-party
  environmental enforcement involving federal,
  state, local agencies, NGOs, private parties

13
Research Agenda

• Timeliness
• Quality of Process
• Equality and Representation
• Connection to Policy Cycle
• Impact
• Implementation
• Institutionalization

14
Teaching Agenda

• PA programs have a course in negotiation and ADR
• Some have public participation or environmental
  conflict resolution
• No systematic incorporation of processes across
  the curriculum
• Seen as not central to the mission
• Practice is ahead of research and theory

15
Conclusions

• New governance processes are central to mission
  of PA
• Need research that connects to practice, informs
  it, need research grounded in practice
• Need research to examine entire spectrum of
  processes from quasi-legislative to
  quasi-judicial and underlying connections to
  governance