Recovering and Restructuring of Sick Economies - Are Business Management Models Relevant? - Part-II

 


Part II of the Article on same title posted on 18 September 2021

Recovery and Restructuring of Sick Economies

Sick Economies are in two categories. Fist category contains economies that lack investments required for utilization and enhancement of productive resources or capacity of production. Therefore, production level in these economies is not adequate to provide employment and income for the people to have a decent living standard. 

Most of these economies are highly controlled or intervened by the government and, therefore, the contribution of the market mechanism to drive the economies for production, employment and distribution is subdued. The state dominance in the economy is reflected by high degree of fiscal operations and debt where even the activity of the private sector depends on the fiscal deficit. Low growth, high unemployment, low per capita income, high inflation and low living standards are salient features of these economies. 

In modern economic thinking, these economies require significant restructuring to build business confidence, develop markets and attract foreign investments. Some economies are sick and disarray due to political conflicts and civil wars prevailing in decades, despite rich base of productive resources. These economies first require the resolution of those conflicts and economic resolution becomes secondary.

The second category contains economies that are sick due to various shocks to demand side and supply side. The best example is the economies suffering from global coronavirus since the beginning of 2020. Such shocks hit all economies from time to time despite their development and soundness. Financial and currency crises are popular shocks in many economies. Geopolitical shocks also destabilise and devastate economies. 

Uncertainties created by such risks lead to market disruptions and significant imbalances in demand side and supply side of the economies. These economies require urgent policy measures to restore confidence and activate markets for the recovery. The impact of the shocks and the required policy mix will vary across the structure and development stage of the economies. In the case shocks hit the countries in the first category, the recovery will be a daunting task, given structural problems already prevailing.

Policy Interventions in the Economy and Public

Unlike in business companies by business management experts, recovery and restructuring of economies require policy interventions in the public as provided for in various statutes and the Constitution. Such policy actions are to intervene in economic and social lives of the various categories of the public relating to their behaviours in economic activities such as businesses, consumption, savings, borrowing and payment of taxes. These policy actions while accruing benefits to some segments of the public cause disadvantages to some other segments of the public.

Therefore, in making decisions on suitable policy actions, relevant authorities are required to adhere to a clear process to ensure that the policy actions are reasonable and justifiable in the interest of the general public under relevant provisions of the statutes because statutory mandates require the authorities to comply with the public trust entrusted with them under the respective statutes when intervening in the public life. The public trust is the principle that requires public officials to act and make decisions within their mandate in the best interest of the public in time because the public would be worse off without such decision. Therefore, decision-making and implementation by the public authorities requires to adopt a justifiable internal control system in order to justify the compliance with the public trust principle.

Internal Controls in Public Policy Interventions

Adoption of internal control systems to make public decisions to intervene in the public activities is a good public governance practice in the interest of both the public and decision-making authority. In my view, an internal control system underlying public policy decision-making should comply with following elements.

  • First, the decision-making should be carried out by the authority or officials who have been specifically mandated to do so under the relevant statutes. Any suggestions, instructions and recommendations from teams of experts or political leaders or any other influential groups have no role to play unless the decision-making authority accepts them as beneficial to the public within the public mandate given to the authority. Therefore, any decision made by the relevant authority on the basis of prevailing conditions and factors is a lawful act of intervention in the public and such authority stays responsible for the decision. Therefore, the teamwork and leadership concepts used in private business management are not relevant in public decision-making.
  • Second, any internal assessment committees or delegated officials appointed by the decision-making authority to assist him by making recommendations are considered as a part of good governance in exercising the public authority. However, these committees and officials can make only views and recommendations which do not have any binding on the decision-making authority to accept them. However, any attempt made by the decision-making authority to influence such committees and officials to make recommendations that the decision-making authority considers appropriate for him to make the decisions is a serious breach of internal control mechanism that could lead to frame charges of criminal breach of public trust when the outcomes of such decisions are questionable. In this regard, formation of policy-making committees to be chaired by the decision-making authority himself is a gross breach of the principle of internal controls and serves no purpose in the event such decisions are challenged, because subordinates are not expected to be independent at meetings chaired by the decision-making authority.
  • Third, staffing based on the principle of division of labour to gather and assess information and implement the public policy decision is part and parcel of the internal control system. The performance of respective staff members of different ranks is the fulfilment of work delignated or allocated them on individual basis within the prescribed remuneration and supervisory system. As they are not decision-makers within the relevant statuary provisions, they are not expected to perform beyond fulfillment of assigned duties. Reshuffle of staff to create teams with fringe benefits to support the decision-making authority at the ad-hoc discretion and views of the authority outside routine transfer and remuneration system is a breach of the internal control system. The fact of the matter is that the decision-making authority is singularly responsible for his public policy decisions as the supporting staff have no specific mandates. Therefore, such reshuffles and offer of additional remunerations to selected staff members are a serious breach of the internal control system that can infringe the rights of public officials. Further, in the case of some public policy-making institutions, there are several layers of public officials authorized to make decision under the relevant statutes. In such instances, the Head of the institution creating reporting lines as part of the institution's internal control system to seek his concurrence for such policy decision is a breach of both the relevant statutory provisions and internal control system behind the authorised decision-making. in that respect, authorised officials are responsible for such public policy decisions despite the intervention of the Head of the institution.
  • Fourth, decision-making should be justified with appropriate information supporting the benefits to the targeted category of the public. As such decisions have potential to affect some other categories of the public, the justification based on the fair assessment of beneficial outcomes and adverse outcomes expected from the decisions is necessary to uphold the public trust underlying the public authority. This is especially required in the case of decisions to change existing public policies as various parties who already benefit from such policies and stand to lose tend to raise various allegations over the new policy. As public policies are highly exposed to allegations in the context of democratic politics, public authorities are required to make new policy decisions only after a careful assessment. Therefore, the justification with supporting information and views should be recorded in the form of minutes that contain in the relevant policy files with orderly numbered folios. This will prevent post-policy fabrication of minutes in the event of public concerns over the policy. Such fabrication of minutes is a breach of internal control and public trust.

Therefore, decision-making is necessarily a time-consuming task. However, the speed and the process involved in decision-making are up to public authority to decide depending on the underlying exigencies. The undue delay also can cause charges of criminal breach of trust to the public authority in the event such delay causes detrimental effects to the general public. Therefore, the public authorities are required to maintain a system of information, an on-going assessment mechanism and criteria adopted to exercise the decision-making authority within the specific mandate given in the relevant statues to safeguard the interests of the public authority. Instances of rushing to make decisions do not arise in public policy-making if the internal control system is effective with required resources. Rushing decisions are always subject to public allegations and sources of fraud.

  • Fifth, policy instruments, the strength and the phase required in implementing the policy decisions must be well defined and quantified. Otherwise, public confusions can cause unexpected outcomes in relevant markets.
  • Sixth, certain public policies require concurrence from several supervisory layers before implementing them. Therefore, such policies should not be implemented prior to obtaining the concurrence as such decisions are unlawful. However, the decision-making authorities should not seek such concurrences unless it is mandated in the relevant statutory provisions because such undue concurrences have no force in law and the decision-making authority is legally responsible for the decisions it makes.
  • Seventh, the transparency in decisions made, conditions that required such decisions and public benefits envisaged from such decisions is in good democracy. The decision-making authority does not have to worry on allegations if such decisions have been made genuinely in the public interest within his mandate. Allegations are common because public decisions cause unfavourable effects to some segments of the public. In the present context of political disputes, public authorities should expect allegations if they are to perform their public duties.
  • Eighth, the public authority should stay ready to amend or finetune the policy decisions periodically depending on the periodical assessment of outcomes reported. Further, such policies should be withdrawn, if necessary, at the appropriate time without delay. This is generally lacking in public policies. Otherwise, markets will adjust to invalidate the policy actions.
  • Ninth, the decision-making authority should ensure that it has the necessary resources to make and implement public decisions. As the public decisions have implications on the state budget, budgetary constraints will limit the resources and the ability to implement public decisions. Many public decisions stay inoperative due to budgetary constraints.
  • Tenth, internal control system should not be amended or bypassed abruptly to make certain decisions due to whatever reasons because it invariably causes allegations over such policy decisions. Such instances cause legal risks to the decision-making authority as public decisions are subject to judicial review if applications are made in that respect. Therefore, it is necessary that public decisions are made within the internal control system upon the justification of public benefits supported by the prevailing information and ground factors within the mandate.
  • Eleventh, the internal control system should be examined and reviewed for its effectiveness periodically by the three layers, external audit, internal audit and compliance. External audit being the Auditor General is a statutory requirement under the Constitution. Internal audit and compliance are the two agents within the internal control system itself. In this review, the governance and specific internal controls behind the flow of information including various numerical estimations used to make the public decision is of utmost importance as misgoverned information could result in decisions detrimental to the general public. Therefore, internal control systems operating without such external assessments and reviews are not considered as reasonable and trustworthy.

However, private business management experts are not accustomed to such public trust environment and transparency in making decisions. Their decision-making culture is singularly dominant by the view or the direction of the CEO/Chairman on the resources provided at a cost to shareholders of the company. In the case of a family-owned company, the family stays ready to bear the consequences of business decisions. 

Unlike the public-wide impact of public decisions which is not measurable in monetary terms, the effectiveness of business decisions is measured on the business expansion and profit limited to stakeholders. Therefore, when these business management experts are appointed to the high-profile posts of the public sector institutions, they tend to make arbitrary decisions outside the existing internal control systems. Such behaviours invariably destabilize present operating systems and cause routes to explicit fraud and conflicts of interest. Further, no new progress is reported from any instances of such appointments in the past.

When private management experts take charge of high-profile public posts, they always tend to seek or quote remuneration packages they enjoyed in the private business management. This is because they are always inclined to evaluate everything in monetary terms. Therefore, they do not understand the value of the public power they receive with such posts to intervene in the affairs of the public and the public recognition locally and globally that they are never able to earn from private business positions unless they reach the position of rare global business leaders/creators such as Bill Gates, Steve Jobs and Mark Zuckerberg.

Their appointments to high-profile public posts pave the routes to destabilase and destroy public institutional cultures and trust in numerous channels as a result of business community around such business management experts getting into the the institutional management. The inauguration of the first day of the post is celebrated with such business leaders who later become informally influential in decision-making processes of the public institutions. They are appointed to various public consultative committees to represent their business lines and become closer and friendly to public officials. Therefore, knowingly or unknowingly, internal controls and cultures become gradually irrelevant to facilitate their businesses. 

As they know that this is the opportunity remaining for limited time attached to public posts of their friends, they get maximum use of the term to augment their businesses and profit. This is the source leading to various irregularities taking place in public institutions. As a result, the public trust underlying operations of public officials and institutions is changed to business community trust. This incidence has nothing to do with the promotion of markets, but the promotion of conflict of interests and vested business interests. Therefore, restoring the public trust in such public institutions and officials will be a daunting task. 

 

To be continued.

(Views in this article are those of the author based on his hands-on experience in public decision-making on economic management subjects.)

 

P Samarasiri
Former Deputy Governor
Central Bank of Sri Lanka


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