Oliphant Extra – Tom Flanagan: Defender of Her Majesty's Loyal Exempt Staffers

by kadyomalley on Monday, June 22, 2009 8:14pm - 14 Comments

Earlier this month, a missive by everyone’s favourite former Harper advisor Tom Flanagan popped up on the official Oliphant website. Written in response to a draft research paper prepared for the commission by Dr. Paul Thomas, it is a polite, but strongly worded rebuttal to what he saw as an unfair characterization of the Praetorian guard of political staffers that  make up the inner circle of the Prime Minister’s Office.

First of all, he scolds Thomas for “labelling” them as “political staff”, suggesting instead that “it would be better to use the federal government’s normal term: “exempt staff” – a distinction that ITQ cannot remember the Flanagan-era Reform, Canadian Alliance or Conservative parties having made during their collective and respective years on the opposition benches.

These “designated ministerial employees”, he notes, are exempt from some Public Service Commission rules relating to recruitment, compensation and termination, as well as the “nature of the work that they are hired to perform”, but other than that, they are “public servants in the broader sense”.

That, however, is not his main gripe with Thomas — he also objects to the description of said staffers as “potentially too zealous in their loyalty to the prime minister,” suffering from “a lack of experience and judgment, or a lack of issues and the contexts in which they arise,” deficient in training, and operating with “no code of conduct to guide their behaviour”. He takes particular issue with the following section:

In terms of the focus of this study, the concern about political staff is that they are potentially too zealous in their loyalty to the prime minister or their minister, and too inclined to see governing as a permanent campaign in which protecting the boss is the number one priority. A former deputy minister interviewed for this study described PMO staff as “political warriors” and “spear-carriers for the prime minister.”

This unflattering portrait is probably unfair to most political staff who work at the centre of government or in ministerial offices. It is probably more appropriate to assume that a broad spectrum of people and behaviours are found in these influential roles. The extent of staff influence depends partly on the leadership style of the prime minister or minister and on the amount of discretion entrusted to political staff.

Some prime ministers will want as much information as possible; others will prefer not to know certain things. To a large extent, it is the prime minister who shapes the culture and climate of the PMO. If the tone set at the top is that there must be no mistakes or problems that embarrass the prime minister, then the likelihood is greater that attempts will be made to manipulate information and lessen vulnerability by covering up problems.

However, not all breakdowns in communications are intentional. They can result from a lack of experience and judgment, a lack of competence in terms of information gathering and the provision of advice, or a lack of understanding of issues and the contexts in which they arise. There is not much, if any, training given to ministerial staff and no code of conduct to guide their behaviour. Learning on the job in the PMO is risky for everyone involved.

Flanagan’s response:

People appointed to these positions, especially Chief of Staff, usually hold advanced educational qualifications such as LL.B, MBA, or Ph.D. and have a record of accomplishment in law, business, elective politics, or academia. Appointees in recent decades have included eminent Canadians such as Derek Burney and Senator Hugh Segal (Conservative), and Jean Pelletier and Eddie Goldenberg (Liberal). People with such qualifications and experience don’t forget everything they have learned about competence and accountability as soon as they go to work for the PMO or OLO. It is they who are in daily contact with staff, and they play a vital role in setting standards.

The Prime Minister’s Chief of Staff also plays a supervisory role over all exempt staff in Ministers’ offices, reviewing the senior appointments, holding frequent meetings at the chief of staff level, giving instructions to carry out the Prime Minister’s policies, and in general making sure that exempt staff are supporting the government with competence and integrity. This mirrors, on a smaller scale, the role of the Clerk of the Privy Council as head of the public service. Again, the conclusion is that exempt staff are not free agents but are integrated into an organizational structure. [...]

Exempt staff are human beings, and like all human beings they may make mistakes; they work in a human institution, which, like all human institutions, is imperfect. But one should not lose sight of the sources contributing to their professionalism, competence, and accountability. Though exempt from some Public Service Commission rules, they work in a public-service environment subject to legal and accounting controls, and they are conscious of their boundaries. They are supervised by experienced and qualified senior officials often brought in from other walks of life. And they regard it as an honour and a challenge to work in the PMO, which means that the PMO can draw from the most experienced and qualified people available.

If that is, indeed, the case, ITQ can’t help but wonder just who Flanagan blames for the fallout from last fall’s fiscal update. From The Globe and Mail (06/13/2009):

“Before the fall fiasco, [Mr. Harper] wasn’t exactly loved by the public, but he was widely respected by political observers as a competent manager and shrewd strategist. After his misadventure with the political subsidy issue, many are saying that his strategic sense has been overrated,” he writes in the 2009 version of Harper’s Team: Behind the Scenes in the Conservative Rise to Power .

“This is a dangerous development, for if you are not to be loved you must at least be respected.”[...]

Mr. Harper’s government was brought to the brink of defeat last year after he tried to scrap political subsidies during a fall economic update and opposition parties united against him. Prof. Flanagan believes this forced Mr. Harper to prepare a big-spending budget in order to coax the Liberals out of a coalition to defeat him.

“It was probably his single worst mistake not just as prime minister, but in his career as a party leader,” Prof. Flanagan says of the subsidy move, adding it not only inflamed rivals, but made Mr. Harper “appear to be playing political games at a time of national crisis.”

It’s true that the post-EFU showdown-cum-meltdown had little to do with ethics, and everything to do with a spectacularly ill-concieved strategic gambit. But still, what about all that competence and accountability that was supposed to be coming from the senior ranks of PMO, particularly the chief of staff?  As far as ITQ knows, no one lost his or her job over a judgment call that could have cost them all their jobs, simultaneously. Even if Flanagan puts the blame squarely on the prime minister himself, and no one else, shouldn’t one of those experienced and qualified senior staffers have spoken up, given the inevitable outcome — or at least made sure that the prime minister was aware of the risk?

Unless, of course,  some staff — particularly those who are new to PMO, and, in many cases, to government — may, indeed, be lacking experience and judgment, and run the risk of being “too zealous in their loyalty to the prime minister”. In that case, they may well welcome additional guidance – whether through on-the-job training on how to handle specific ethical issues, or a code of conduct for staff on how to manage potential conflicts. That’s all that Thomas is suggesting — yet somehow, that was enough to rouse Flanagan — who, as far as ITQ knows, has never actually worked in a prime minister’s office –  to mount an impassioned defence of the good character of political staffers — against a charge that Thomas doesn’t appear to have actually made.

Still, the good professor’s submission is definitely worth reading, if only for the insight that it gives into his view of how a properly run PMO ought to work — and it’s short, although it would probably be easier to follow if you plow through Thomas as well.

UPDATE: Commenter Scott passes on the following observations:

If, as Flanagan says on page 2, “a great deal of effort goes into determining what they may do [as political staff] and what must be left to political parties, which are beyond the ambit of government,” why did the Prime Minister’s two chief spokespeople, both of whom work in senior capacities in the taxpayer-funded PMO, act as chief party attack dogs a few months ago? Simply saying they took the day off is poor cover, when they’re using government Blackberries, are in constant contact with government staff, and are acting in such a quasi-official setting. The issue isn’t just pay, it’s the role of exempt staff. Could the Tories find no one else, or was Thomas right in his assessment?

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  • knick

    Given that the authors consulted with a number of present and former political staff and public servants, I would be inclined to give more credibility to the Thomas report than to Flanagan's nitpicky critique. His first-hand knowledge of how the PMO works could be said to be nothing more than anecdotal, since he has served only one PM, Harper.

    In any case, the possibility that any brave soul on Harper's staff would dare to question his judgment is highly unlikely. A (former?) senior staffer is said to have stated that when Harper interviews someone for a position, he wants to see fear in their eyes. That's hardly conducive to speaking up no matter what the outcome.

  • http://intensedebate.com/people/SeanStok SeanStok

    So we should trust these 'exempt' staffers, because they come from good homes and their moms vouch for them; but virtually *everyone* else needs to have these things spelled out for them and enforced by legislation? Just so I'm clear on this…

    • http://intensedebate.com/people/sea_n_mountains sea_n_mountains

      oh and also because they might have did something else before joining government, including probably got a grad degree, or at least a degree from a good university… cause that doesn't apply to anyone else in government, right, errrr…..

  • –dB

    "Exempt staff are human beings."

    With insights like that, it's no wonder he got tenure.

    • knick

      LOL!

  • http://intensedebate.com/people/sea_n_mountains sea_n_mountains

    It truly is one of the oddest pieces i have ever seen by Flanagan. Notwithstanding that I often disagree with the dude, he tends to be pretty cogent in his arguments.

    This piece hobbled together some really odd contributions to the discussion (e.g., "Internet access, accounting services, and legal advice are provided by civil servants."), bleating as pointed out by Kady (i.e., use of the term "political staff" rather than exempt staff …btw he better let the PMO know too because they seemed to use "political staff" as their preferred term) and by -dB (i.e., "Exempt staff are human beings.") and rudimentary anecdote (e.g., "As someone coming to “the Hill” from university life, I was impressed by…"). I guess the rudimentary anecdotes are not unheard of given he has just republished a book of them.

    Interestingly, I did note that Thomas paper was repeatedly praised for its insights today by, I beleive though Kady might have better recollection, all members of today's expert panel: Clark, Collenette, Cappe and Mitchell.

    With regards to Kady's suggestion that the piece offers some insight into Flanagan's perception of how a PMO – and really a government – should be run, I found Flanagan's comparison of the PM to a CEO most interesting. It included the following:

    "The Prime Minister’s Chief of Staff also plays a supervisory role over all exempt staff in Ministers’ offices, reviewing the senior appointments, holding frequent meetings at the chief of staff level, giving instructions to carry out the Prime Minister’s policies, and in general making sure that exempt staff are supporting the government with competence and integrity."

    While he is seemingly concerned with exempt staff's support of government as a whole, he ascribes policy decisions to PM singularly. Is there no room for 'the government' in a Flanagan government?

    • http://intensedebate.com/people/SeanStok SeanStok

      Well put.

    • http://intensedebate.com/people/Ed_Sweeney Ed_Sweeney

      sea_n_mountains, don't you think it's a bit ridiculous to suggest that the PMO staffers should be more involved in policy decisions?

      I can understand that statement if it read 'policy implementation', but historically, far too much power has been placed in the PMO over policy decisions.

      • http://intensedebate.com/people/sea_n_mountains sea_n_mountains

        Hi Ed. I really wasn't suggesting that PMO staffers ought to be more involved in policy decisions. But I do think Ministers should be. The role of the PM is classically understood as "first among equals". I think we agree, that this has understanding has increasingly been abandoned.

        • http://intensedebate.com/people/Ed_Sweeney Ed_Sweeney

          I would go further and say that it is the biggest problem in our current form of parliamentary representation.

          • http://intensedebate.com/people/sea_n_mountains sea_n_mountains

            While I am not sure I agree, I could perhaps be convinced. I think there are a host of other problems that might be equally problematic, if in their own unique way. I think one could even make a cogent argument that a lack of understanding – and respect for – our form of parliamentary representation (among the citizenry, media and parliamentarians themselves) is a greater problem and indeed leads to/allows the problem of the PM dominating the decision the Government's decision making process, and the ills this has begotten.

  • http://intensedebate.com/people/M_A_N M_A_N

    I get to interact with such political staffers on an almost daily basis. Some are brilliant. Some have issues with putting nouns and verbs together in a sentence. They're all nervous, as their employment status is as fragile as a miniority government.

    I wouldn't want to be them. I also wouldn't trust some of them to paint my picnic table.

  • http://intensedebate.com/people/sea_n_mountains sea_n_mountains

    Just noticed your update now, but had written about the same issue on the other Oliphant thread. i think Thomas is right, and I think there is broader support for this argument.

  • http://www.intensedebate.com/people/sea_n_mountains sea_n_mountains

    Just noticed your update now, but had written about the same issue on the other Oliphant extra extra thread. i think Thomas is right, and I think there is broader support for this argument.

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