What a Type ype of o Public u cU Utility y for o Re-municipalisation? e u c pa sa o Debating Company Models of Legitimacy Regarding Actors‘ Interests and Challenges of Public Sector Economy Dr. Carsten Herzberg University of Potsdam 1 Argument: There is no typology providing sufficient orientation in debates of re-municipalisation. The purpose of this presentation is to propose a typology of public utilities based on legitimacy structures. The typology can be used as a compass in debates of re-municipalisation. Furthermore, some theorybuilding on actors actors’ preferences and the problem problemsolving of current challenges of public economy is drafted. drafted 2 What Kind of Legitmacy? Output Legitimacy Procedural Legitimacy Input Legitimacy 3 Business Form and Loss of Control Within the same business form, public utilities can be very different. 4 Concept of Steering: A Dichotomist View? Insufficiently Steered Public Utilities Well Steered Public Utilities Within the same business form, public utilities can be very different. 5 Six Models of Public Utilities Based on Three Types of Legitimacy – Weberian Ideal Types Black Box Modern Service Provider Participative Utility Political Utility Profit Maximiser Bureaucratic Institution 6 Input legitimacy 1. Manager’s formal autonomy Output legitimacy 1. Price policy/Profits 2. Power balance between 2. Service Quality council and company board 3. Wage policy 3 C 3. Composition of ii f company board (including different parties and workers) Procedural legitimacy 1. Manager’s personality 2. Procedures on Accountability 3. Protest and NGOs 7 Black Box Reduced input legitimacy structures: The board is the centre of power, and therefore private law status is needed. needed Behind closed doors, doors an oligarchy of mayor, manager, and leaders of major parties make policy arrangements. Despite this black box structure, this model can be a comfortable tool of governance for the mayor if he has a good relationship with the strong manager. manager Modern Service Provider Al Almost all ll parties i are represented d in i the h company board. b d These Th enlarged l d structures of input legitimacy are in alignment with good service quality. In order to get feedback on products, citizens are involved as ‘clients’ in forums and through other forms of procedural legitimacy. However, the consensual orientation of this model can hamper spontaneous reactions to market needs. This model is p possible in p private law status and p public law status,, but also as PPP in some cases. Participative Utility While the modern service provider seeks to strengthen classical structures of democracy, this model goes beyond representative democracy. Boards are opened for NGOs and associations in a way that is disadvantageous to some party groups. Procedures of structural legitimacy are elaborated and help to bridge 8 some gaps in output legitimacy. This model relies on public law status. Political Utility This utility is far removed from council control of input legitimacy or NGO insights of procedural legitimacy. legitimacy In fact, fact the head of the company is not a manager, manager but a politician – a ‘friend of the government’. For this uninhibited position, private law status is needed. To ensure medium service quality, a technical director is employed. In order to be maintained over time, time this model sometimes needs a ‘protector’ protector from upper levels of government. Profit P fit Maximiser M i i This model is organised as a public-private partnership in private law status. Both the public partner and the private partner have an interest in profit accumulation of output legitimacy. Service quality varies according to strategic needs. This model is susceptible to protest from NGOs because its structure lacks transparency. However, this model can ggain some p public support pp if p profits are used for subsidising g other services of g general interest. Bureaucratic Institution Even if all interested council members could at least passively assist at board meetings, there is less interest in utility policy. This utility is organised in public law status. The head of the utility is a ‘technical technical director director’ who ensures good service quality. quality Even if insights are evaluated positively, this model has difficulties in reacting to competition and tendencies of privatisation due to its ‘old-fashioned’ way of working. Illustrating Differences between Public Utilties BUREAUCRATIC INSTITUTION BLACK BOX Potsdam (2002-2011) PROFIT MAXIMISER Berlin (2010) MODERN SERVICE PROVIDER Norderstedt Münster Cordoba Paris POLITICAL UTILITY PARTICIPATIVE UTILITY Illustrating Differences between Public Utilties BUREAUCRATIC INSTITUTION BLACK BOX Potsdam (2002-2011) Potsdam (1989) Potsdam (since 2012) PROFIT MAXIMISER Potsdam PPP (1998-2000) POLITICAL UTILITY MODERN SERVICE PROVIDER PARTICIPATIVE UTILITY Actor Groups and Model Preferences Consensual models Modern service provider (bureaucratic institution) Conflicting models Participative utility, utility political utility Ambivalent models Black box, profit maximiser 12 Public Utilities and Challenges Protection for Privatisation Modern service provider Competition Democratic Control + (+) (+) Participative utility (+) (+) + Black box (+) (+) - Profit maximiser ((-)) + - - - + (-) - - Bureaucratic institution Political utility Table 4: Public Utility Models and Challenges (hierarchical list) + = positive effects are expected; (+) = positive effects are possible; ~ = no effects are likely/neutral; (-) = negative effects are possible; - = negative effects are expected. 12 Thank you for your attention 14