United States. Office of the US High Commissioner for Germany / A program to foster citizen participation in government and politics in Germany
3. The public employee, the citizen and the state, pp. 11-13 PDF (2.1 MB)
tive fields in the state and federal governments, and with the principal members of the German Personnel Society. Despite the slowness in secur- ing the changes which we believe to be desirable, the difficulties are in general no longer due to differences regarding the objectives but rather to inability of the Germans to visualize how these objectives can be put into practice. The discussions between the Germans and the visiting experts have proved a most fruitful method of securing reforms. Five French experts on administrative law will visit Germany during the remainder of 1950 to consult principally with the judges of the Laender administrative courts. (3) German Visits to the US and European Countries It is planned to invite six top German personnel administrators to go to England and to France during 1950 for one month in each country. As a result of these trips it will be possible for the German Personnel Society to publish a book on civil service in European countries as a companion volume to the one published this year on civil service in the United States. For 1951, eight senior German personnel admin- istrators will go to the United States for three months and ten junior professionals for six months. It is proposed that the seniors observe personnel systems in the US in operation. Many of the recent techniques developed in the US are unknown in Germany, and, so far as personnel administrators are concerned, the great problem is to show them that practices which will introduce democracy into the German system are practicable and are con- sistent with the basic philosophy of the German system. The junior professionals will go through similar training by observation, but, in addition, will have special university courses in preliminary prep- aration. In the field of general training for the public service, ten professionals in 1950 and eight pro- fessionals in 1951 will go to the US for three months each. They will be chosen from the gov- ernment personnel departments, from the min- istries or from the administrative schools. They will have an initial series of seminars at an Ameri- can university and will then observe American administrative practices and the relation be- tween American public servants and the public with special reference to safeguards against the violation of citizens' rights by official action and expeditious methods of settling such violations if any occur. (4) Pamphlets "The Public Service and the Citizen." A simple interpretation of the relation between the state, the public servant, and the citizen, explaining to the public servant his role as one selected to serve the citizen, and explaining to citizens the limita- tions under which the public servant must per- form his work, since he is bound by laws and reg- ulations. (5) Land Offices Interest in Civil Service at the Land level is directed to proper legislation and to proper ad- ministration of the personnel system. As to legislation, the laws promulgated by the Land governments in 1946 at the request of Mili- tary Government are adequate to permit satis- factory systems. The concern of the Land Offices here is to advise against retrogressive changes in the law and, if the Landtage propose to pass new laws, to take such action as appropriate to ensure that these laws are satisfactory. In the field of personnel administration consider- able progress has been made in the U.S. Zone Laender over the past four years, but it is still subject to the opposition of the conservatives and to doubt among personnel administrators about prospective federal legislation and its effect upon them. Land personnel officials should be encour- aged in the initiation of modern personnel practices and practices which effectuate the objectives listed above. It should be made clear to them that, al- though Article 75 of the Basic Law permits the Federation to issue general provisions concerning the legal status of persons employed in the public service of the Laender, this will not permit de- tailed regulation by Federal law. Furthermore, Article 33 of the Basic Law guarantees every German equal access to public office in accord- ance with his suitability, ability, and professional achievements. The Land Offices should note whether the ad- ministrative courts lack adequate jurisdiction to deal with all complaints against improper officials' action, and should encourage citizens who seek more adequate support for these courts. (6) Kreis Offices The use of civil service issue as a subject in the citizen participation campaign is discussed in Part III, subd. 4. So far as local civil service is con- cerned, the attention of the KRO's is directed to comments under (5) immediately preceding. (7) Newspapers and Radio Material suitable for feature articles and radio talks will be prepared by IPG and circulated through ISD, with information copies to the Land *and Resident Offices. Land Offices may take sim- ilar action, and particularly should bring to the attention of Land newspapers and radio any mate- rial bearing upon significant civil service action taken or proposed by the Landtag or the govern- ment. In the field of administrative courts considerable emphasis ought to be placed upon newspaper and radio publicity for administrative court decisions which protect the citizen against official mistakes or misconduct, and equally upon important deci- sions which establish the rights of the state against the citizens. It is evident that many Germans do not fully appreciate the value of the administrative court in protecting their legal rights, and many do not know when decisions are rendered in a partic- ular case which may affect them directly. Further- more, it is important to the education of citizens in public affairs that they should be informed of the development of administrative law and its ef- fect upon them. (8) Films A documentary film on the subject of civil serv- ice is in preparation in cooperation with the Mo- tion Picture Branch of the Office of Public Affairs. This film will be directed to improvement of rela- tions between the public servant and the citizen. It will emphasize factors as courtesy and an at- titude of helpfulness. German news reels may cover significant activi- ties of the German Personnel Society and its sub- ordinate groups.
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