Public Administration: Administrative Discretion

Administrative Discretion

Administrative Discretion

Mike Cummings

Grantham University

Administrative Discretion

In the military the commander receives the mission and then provides his intent about completing the mission. The military personnel under his command develop courses of action for his review advising him how to legally conquer the mission. Once the commander chooses a course of action the staff begins to execute the mission. Commanders within the chain of command can use their discretion to meet the objectives of the higher command but must do it in accordance with current military regulations and the laws of the United States.

Public administrators are in a position that they need to have the public trust. They also need to be able to operate objectively ensuring that all citizens are treated equally and fairly under the law. Congress in this case provides the intent through legislation, the judicial branch can clarify the intent and constitutionality when needed and the executive branch provides the execution of the laws under the direction of the president of the United States.

Max Weber was the first to categorize social authority into three distinct forms, which are charismatic, traditional, and rational-legal. His analysis of bureaucracy emphasized that modern state institutions are predominately based on rational-legal authority. Weber believed that bureaucracy is the purest use of legal authority; disciplined, efficient, precise, and calculable. To achieve these results public administrators must execute their duties within the law and the set of rules needed for the management of the bureaucracy. Without these rules to govern the administrators the enforcement of the laws can become subjective instead of objective and fair.

In watching the news about the current IRS Scandal, one can learn that United States federal tax law, Section 501c4 of the Internal Revenue Code provides for the exemption of certain types of nonprofit...