Judy Nadler and Miriam Schulman
These materials were prepared for the Markkula Center for Applied Ethics program in Government Ethics by Senior Fellow Judy Nadler and Communications Director Miriam Schulman. The Center provides training in local government ethics for public officials. For more information, contact Hana Callaghan.
As favoritism is the broadest of these related terms, we'll start with its definition. Basically favoritism is just what it sounds like; it's favoring a person not because he or she is doing the best job but rather because of some extraneous feature-membership in a favored group, personal likes and dislikes, etc. Favoritism can be demonstrated in hiring, honoring, or awarding contracts. A related idea is patronage, giving public service jobs to those who may have helped elect the person who has the power of appointment.
Favoritism has always been a complaint in government service. In 2002, a survey from the federal government's Office of Personnel Management found that only 36.1 percent of federal workers thought promotions in their work units were based on merit. (Government Executive Magazine, "Playing Favorites," by Brian Friel, October 2004). They believed that connections, partisanship, and other factors played a role.
Cronyism is a more specific form of favoritism, referring to partiality towards friends and associates. As the old saying goes, "It's not what you know but who you know," or, as blogger Danny Ferguson put it, "It's not what you don't know; it's who your college roommate knows." Cronyism occurs within a network of insiders-the "good ol' boys," who confer favors on one another.
Nepotism is an even narrower form of favoritism. Coming from the Italian word for nephew, it covers favoritism to members of the family. Both nepotism and cronyism are often at work when political parties recruit candidates for public office.
One of the most basic themes in ethics is fairness, stated this way by Artistotle: "Equals should be treated equally and unequals unequally." Favoritism, cronyism, and nepotism all interfere with fairness because they give undue advantage to someone who does not necessarily merit this treatment.
In the public sphere, favoritism, cronyism, and nepotism also undermine the common good. When someone is granted a position because of connections rather than because he or she has the best credentials and experience, the service that person renders to the public may be inferior.
Also, because favoritism is often covert (few elected officials are foolish enough to show open partiality to friends, and family), this practice undercuts the transparency that should be part of governmental hiring and contracting processes.
Probably the biggest dilemma presented by favoritism is that, under various other names, few people see it as a problem. Connections, networking, family-almost everyone has drawn on these sources of support in job hunting in the private spherre.
And everyone can point to instances where cronyism or nepotism is an accepted fact of life in political sphere, as well. John F. Kennedy, for example, appointed his brother Robert as attorney general. Every president and governor names close associates to key cabinet positions. Mayors put those they know and trust on citizens committees and commissions. Friends and family can usually be counted on for loyalty, and officeholders are in a good position to know their strengths.
So what's the problem?
The first issue is competence. For cabinet level positions, an executive will probably be drawn to experienced, qualified candidates, but historically, the lower down the ladder, the more likely for someone's brother-in-law to be slipped into a job for which he is not qualified. The American Civil Service Act was passed in 1883 in large part because so many patronage jobs, down to dogcatcher, were being filled by people whose only qualification for employment was their support for a particular party or candidate. Also, the appearance of favoritism weakens morale in government service, not to mention public faith in the integrity of government.
Reasonable people will differ about the appointment of friends and family in high-level positions, but public officials should be aware that such choices can give the appearance of unfairness. According to the National Conference of State Legislatures, 19 state legislatures have found the practice of nepotism troubling enough to enact laws against it. Others may restrict the hiring of relatives or friends in more general conflict-of-interest rules.
Public officials should also note that dilemmas involving favoritism extend beyond hiring and contracting practices to the more general problem of influence. Golfing partners, people who come over for Sunday dinner, members of the same congregation all are likely to exert a greater influence over an official than a stranger might. Council members, mayors, and legislators must make special efforts to ensure that they hear all sides of an issue rather than just relying on the views of the people they know. Further, many conscientious lawmakers have discovered that they must change their patterns of socializing when their work involves many decisions affecting friends and associates. At the least, they may choose to recuse themselves from votes where social relationships may exert undue influence.