Civil Service Reforms Can Go Too Far

Tom Pendergast (and to a lesser extent his brother, James) cast a huge shadow over Missouri government and politics, both during his life and after. His corrupt domination of Kansas City politics eventually led to numerous changes in Missouri government. These changes include the Missouri Plan for selecting judges, putting the Kansas City police under state control, and numerous civil service reforms at the state and local levels in Missouri.

One of these reforms is a subject of contention right now in St. Louis. In the 1940s, the office of the City of St. Louis Personnel Director, in charge of hiring most city employees, was made almost entirely independent of elected officials. That was understandable at the time, as that was a period of significant political corruption in American cities.

Over time, though, a wise move to limit corruption has petrified—as so often happens in bureaucracies—into a position designed to protect the status quo. Between 1942 and 2021, only four people held the job. Yes, they may have been very good at it. But it was inevitable that they became protectors of the system and of the other people within the system, particularly other city employees who live in the same social and cultural circles. If they weren’t there to protect the status quo, why else would a retired personnel director be taking advantage of intricate knowledge of city charter rules to prevent the current mayor from getting her person into the position now?

Former Personnel Director Rick Frank, who held the job for 17 years before retiring in 2021, has reapplied for his old position. And the current director, Sonya Jenkins-Gray, on Nov. 15 granted his request to be placed on an eligible reemployment list, according to Frank and a copy of the letter he shared with the Post-Dispatch.

That, Frank said, means the mayor would have to at least interview him should the personnel director position open up. And she wouldn’t be able to pick an interim for the job while that list exists.

“If her intent were to put a provisional appointment in there, there’s a problem per the charter and the rules,” he said.

Remember that a major city employee union sued to prevent Mayor Jones from being able to select her chosen person for the position during a prior vacancy.

H.L. Mencken said that “democracy is the theory that the common people know what they want, and deserve to get it good and hard.” When people vote for change, the newly elected officials deserve the chance to institute that change, within reason. That includes putting the people they want into important positions. The voters can then judge those elected officials later at the ballot box.

Civil service rules preventing mass firings after every election are good, in that democracy functions better with such rules than without them. Rules that give local government personnel directors some independence from politics in hiring are also good.

However, when these rules ossify into a system where a former city employee applies for a job in a move that looks as if he is simply trying to obstruct the hiring decisions of the mayor, I’d say the rules have gone too far and need to be changed.