[Sca-cooks] OT Heralds

[Decker, Terry D.]

> > The bureaucratic
> > organization may create internal policies and regulations
> in keeping with
> > their mandate to permit them to achieve the goals directed by their
> rulers.
> > That which is prohibited may not be done.  That which is
> directed must be
> > done.
>
> What do you do when these two things are in direct conflict?
>
> Avraham
>

Usually, you don't get a conflict between prohibitions and directives, you
get the conflicts in the areas which need to be interpeted.  If there is a
conflict between a prohibition and a directive, I will point out that
prohibitions often carry dire penalties for the transgressor while there are
usually no consequences for success or failure on a directive.

In my experience, primary prohibitions and directives within a bureaucracy
seldom conflict if the governing body has done its work properly.  They may
not match reality, but that is another matter.  It also explains the
verbose, weasel-wording of most legislation.

When you do have a conflict in regulations, in theory, line workers need to
refer the conflicting regulations to higher authority, until there is a
resolution.  They may do this in practice, but forcing the issue into an
appeals system or into the courts are fairly common responses.  Some of
those oddball bureaucratic regulations everyone hates are due to a lawsuit
the bureaucracy lost.

In practical terms, if the conflict is between bureaucratic organizations,
kick it upstairs.  If the conflict is internal and concerns basic
prohibitions and directives, send it to whoever sets organizational policy.
If the conflict is in the interpeted areas which you are empowered to
interpet, then try to resolve it.  Know the regulations under which you are
operating (so you can address problems from directions other than the one
with which there is a problem).  Do not violate the law.  Be neutral and
consistent in your interpetations.  Be ready to assist the client in filing
a complaint or appeal.  Be prepared to explain your actions.

Bear