Behn’s solution | Readers’ responses | Previous dilemmas

Once again, Lee Honsan isn’t in the office. Once again, his staff needs some guidance. Once again, they call you. Once again, you have to drop your own work to do Honsan’s.

Once again, you aren’t pleased.

As the assistant commissioner for regulatory affairs of the West Dakota Department of Environmental Protection, you like to play by the rules. In fact, that is the definition of your job: to make sure every business and municipality in the state plays by all of the environmental rules.

You have to be flexible, of course. The rules don’t tell you precisely what to do in every situation. They can’t. Everyone in your division has to exercise some intelligent discretion. Still, you try to be as faithful as possible to both the letter and the spirit of the regulations.

Moreover, you seek to apply this managerial philosophy to your management of the Division of Regulatory Affairs. When confronted with an internal decision, you try to understand and apply the rules. Whether you are making a budgetary decision, a procurement decision or a personnel decision, you want to know both the exact rules and the reasons behind those rules.

Several years ago, the West Dakota legislature enacted a very progressive flex-time policy. Recognizing that contemporary lifestyles and family needs didn’t quite mesh with the fixed 8-to-5 workday, Representative Vera Wilton, chair of the State Personnel Committee in the House, pushed through some path-breaking legislation. State employees still have to put in 40 hours a week. And they have to put in most of this time in the office; state employees are allowed to telecommute only one day per week. But they have a lot of flexibility in choosing when they work at home and when they work at the office.

Lee Honsan understands all of the flex-time rules. He takes advantage of every one. It is hard to document the eight hours that he telecommutes from home. But you have no doubt that Honsan spends 32 hours a week at the office. When he comes in on weekends or in the evenings, he has to sign in with the security guard, which documents his non-traditional hours.

Moreover, Honsan has proved to be a smart, productive and dedicated employee. He has collected a string of very complimentary performance evaluations — and these haven’t just been signed by supervisors trying to get Honsan promoted out of their unit. He does good work. But since last year, when he was promoted to this managerial slot, you haven’t been happy with his work habits.

For Honsan loves the outdoors. If the skiing is good, he wants to be on the slopes. If the river is running, he wants to be in his kayak. It’s hard to predict, however, when the river will be running or the slopes will get a new layer of powder. So whenever he gets a chance, Honsan takes off for the outdoors.

He never violates any of the official rules. If it’s the end of the week and he hasn’t put in his 40 hours, Honsan is at the office. But at the beginning of the week, he is careful to rack up as many hours as possible. Then, if an outdoor opportunity arises, he is free.

Moreover, Honsan fulfills his formal responsibilities. If he has an important meeting scheduled and weather is great, he shows up at the meeting. And if the weather on Friday is miserable, Honsan often shows up, logging more than his required 40 hours.

Still, his work schedule can’t be predicted too far ahead. If a beautiful weekend continues into Monday, Honsan doesn’t show.

Often, however, the staff needs questions answered on Monday morning. They may need guidance on Friday afternoon. And when Honsan isn’t around, they resent his lack of availability (even though they like to take advantage of flex-time themselves). Quite naturally, they come to you. And you have to drop what you are doing to answer the questions or provide the guidance.

Often, Honsan’s staff could make the decision themselves. Often, they are just covering their tails. This isn’t Honsan’s fault. It isn’t your fault. It’s the way the informal sanctions of the regulatory system work. If someone makes a controversial decision, that “someone” can get hit with a ton of criticism. Anyone who goes to work for a regulatory unit quickly learns the basic rule: If you can get your boss to make the decision, do so.

Unfortunately, you often don’t know the details and subtleties of the issues on which Honsan’s staff is working. So to be sure that your guidance is appropriate, you have to probe for them. This takes time.

Sometimes you can put people off: “I’m up against a big deadline. And Honsan will be in tomorrow [you hope]. Please ask him then.” But sometimes you can’t put people off. And recently, these times have been more frequent.

What should you do?

For Bob Behn’s approach to this month’s public management dilemma — or to post your own ideas — click here.

Copyright © 2001, Congressional Quarterly, Inc. Reproduction in any form without the written permission of the publisher is prohibited. Governing, City & State and Governing.com are registered trademarks of Congressional Quarterly, Inc.