PUBLIC ADMINISTRATION IN THE MENTAL HEALTH COURT 1

Theories of Public Administration in Guam’s Mental Health Court

Amalia C. Duenas

University of Guam

PA 510-01—Administrative Thought

Charles V. Esteves

May 16, 2024

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Theories of Public Administration in the Mental Health Court

Effective planning and implementation are critical components of successful public

administration. However, navigating the complexities of governance requires a strong theoretical

foundation and practical strategies. Through analyzing the different theories of a few of the most

notable theorists in public administration, this paper will explore how these theoretical

frameworks are exemplified in the implementation of modern-day programs, including strategic

planning, functional organization, process optimization, and interagency collaboration.

This paper will demonstrate how public administration theories are used in modern-day

applications. It will refer to the programmatic systems involved in the planning and

implementing of the Guam Mental Health Court (MHC) to integrate the ideas of these theorists

and illustrate the influence of public administration on modern-day governance. It will also

highlight how each theorist has influenced the processes required for implementing such a

project. By examining foundational theories from renowned public administration theorists such

as Weber, Taylor, Gulick, and Barnard, it is evident that theoretical frameworks can inform and

enhance the development and execution of modern-day programmatic systems, such as the

Guam Mental Health Court.

Theorists of Public Administration

Max Weber

Max Weber is well-known in Public Administration for his ideas of relativism and

domination. In his theories, he discusses the aspects of domination and authority as they relate to

forms of governing. (Jos C. N. Raadschelders & Fry, 2022).

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Bureaucratic Theory

Weber’s approach is rooted in bureaucracy, which he believed to be “the most rational

and efficient form of organization yet devised by man.” (Jos C. N. Raadschelders & Fry, 2022).

Incorporating this idea into his works, Webster asserts that domination should follow these

guiding principles: They should be carried out on a continuous basis, not simply at the pleasure

of the leader. Tasks should be divided into functionally distinct areas, each with the requisite

authority. Offices should be arranged in the form of a hierarchy. Administration is based on

written documents. Lastly, control should be based on impersonally applied rational rules. (Jos

C. N. Raadschelders & Fry, 2022).

Legal Authority

Legal authority is the power or right to enforce laws and make binding decisions that are

recognized as legitimate by a society. Weber believes that legitimacy is based on a belief in

reason, and laws are obeyed because they have been enacted by proper procedures. The

legitimacy of legal authority rests on rules that are rationally established and only exist when the

legal order is implemented and obeyed in the belief that it is legitimate. (Jos C. N. Raadschelders

& Fry, 2022).

Frederick Taylor

Taylor sought ways to improve the workplace and coined his idea of Scientific

Management. His approach is rooted in the premise that administration should be separated from

political and policy concerns with the goal of making work procedures more efficient.

Scientific Management

When he first developed this concept, Taylor aimed to improve workplace efficiency. He

established appropriate task performance standards and steps for managers to implement the
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Scientific Management method. In doing this, he hoped to foster a “commitment to science and

friendly cooperation” in the workplace through an equal division of work and responsibility

between management and workers. (Jos C. N. Raadschelders & Fry, 2022).

Functional Organization

Taylor proposed organizing work into specialized functional units, each responsible for

specific tasks. This idea laid the foundation for modern organizational structures. Functional

organization highlights how different departments or divisions are created based on different

functions. Each department is responsible for carrying out specific tasks related to its function.

(Jos C. N. Raadschelders & Fry, 2022).

Time in Motion Studies

Time and motion study is a technique used in Scientific Management to analyze and

improve work processes. It involves breaking down tasks into individual motions or steps and

measuring the time required for each motion. The purpose is to identify inefficiencies, eliminate

unnecessary motions, and find the most efficient way to perform a task. The process involves

selecting a task, observing it, timing the motions, analyzing the data, developing a new method,

and implementing it. The goal is to eliminate wasted time and effort, reduce fatigue, and increase

productivity. (Jos C. N. Raadschelders & Fry, 2022).

Luther Gulick

Gulick advocates for consolidation, integration, and centralization in public-sector

organizations to achieve greater efficiency through administrative organization and reform.

Administrative Organization & Reform

Gulick maintains that the administrative branch can plan and implement democratic

policies. He advises that administrative reform should require both a rational division of work
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and subsequent integration within each organization as part of an integrated executive branch.

Reform of the basic structure and underlying processes of administration. Functions must be

defined, work divided, structures and relationships formalized, staff professionalized, and

activities rationalized. (Jos C. N. Raadschelders & Fry, 2022).

Chester Barnard

Barnard emphasized the necessity of human cooperation in achieving collective

accomplishments. (Jos C. N. Raadschelders & Fry, 2022). Viewing organizations as an exchange

between individuals and the collective. This concept laid the groundwork for Barnard's theory of

the Incentive System.

Incentive System

Barnard defines the incentive system as the ethical ideal upon which cooperation depends

and requires the general diffusion of a willingness to subordinate immediate personal interests

for both the ultimate personal interest and the general good. (Jos C. N. Raadschelders & Fry,

2022). The incentive system is based on the idea that individuals will continue to participate in

the organization as long as they perceive that they are receiving more from the organization in

terms of inducements (rewards) than they are required to contribute.

Organizational Dynamics

Barnard identifies three basic organizational activities: inducing a willingness to

cooperate among organizational participants, establishing and defining organizational purpose,

and communication. Executives are responsible for providing a system of communication,

securing individual efforts, and defining organizational purposes. (Jos C. N. Raadschelders &

Fry, 2022).
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Justice and Mental Health Collaboration Program

To tie in the ideas of these theorists and further demonstrate the impact of public

administration on modern-day governance, the following will reference the programmatic

systems involved in the planning and implementation of the Guam Mental Health Court (MHC)

and highlight how each theorist has influenced the processes required in implementing this

project.

The Judiciary of Guam serves the community by delivering justice fairly and efficiently

through transparent, inclusive, and accessible court services. Within the superior court, treatment

courts to better serve the community. With these treatment courts, there has been a reduction in

recidivism among criminals enrolled under these treatment courts. (Judiciary of Guam, 2024b).

The Mental Health Court (MHC) is a treatment court with a specialized court docket for persons

with mental illnesses who become involved with the legal system. The participants that are

eligible for this program include defendants with serious mental illness, or developmental

disability, with or without co-occurring substance or alcohol abuse or dependency disorders. The

MHC replaces the traditional criminal court with a treatment-based, problem-solving court

model, as individuals with mental illness are more likely to be arrested and remain confined

longer than those who do not have a mental illness. (Judiciary of Guam, 2024b). The Guam

MHC relies on treatment and flexible terms rather than the traditional adversarial court system.

By examining this programmatic system, we can better understand how the theories of Weber,

Taylor, Gulick, and Barnard are applied in practice.

Planning and Implementation

To begin the process of implementing a treatment court, the program must first draft a

guide of how the program will look and function. Through the use of the “Planning and
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Implementation Guide”, the ideas thought up by the organization can be guided, monitored, and

carried out. The Guam MHC’s Planning and Implementation guide was developed to foster

discussion on best practices, identify considerations for collaborative efforts, and help

participants work through key decisions and implementation challenges. It uses a systems-level

approach to improving participants' outcomes, which includes input from leaders of the criminal

justice, mental health, and substance use disorder fields (Judiciary of Guam, 2024b).

The Planning and Implementation Guide can be seen as a modern-day Time-in-Motion

Study, originally conducted by Taylor, which aims to optimize efficiency. This guide aims to

foster best practices work through existing implementation challenges and adjust these methods

to focus on efficiency and optimization. The Planning and Implementation Guide can also be

compared to Gulick’s Reform Theory, where functions must be defined, work divided, structures

and relationships formalized, staff professionalized, and activities rationalized. With this guide,

we see all these steps taken in an effort to produce the best functioning program.

Mental Health Court Rules

Standard Operating Procedures (SOPs) are highly beneficial for training and guiding

personnel in various industries. Studies show that SOPs have significant potential to enable

provider organizations to improve quality without increasing costs. SOPs are therefore an

important document in terms of quality measures and evaluation (Madhav M. Singh, 2019).

SOPs are a set of written instructions that document a standard or repetitive activity. It provides

detailed guidance to ensure consistency in performing a specific function. SOPs specify job steps

to standardize services and ensure quality. The Mental Health Court established a set of SOPs,

which are called the “Mental Health Court Rules”. These rules are designed to govern the

administration of the MHC and promote the health and well-being of MHC Participants. They
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were developed by the Interagency Strategic Planning Workgroup, made up of leaders from

various local agencies such as the Judiciary, Guam Behavioral Health & Wellness, Public

Defender Services, and the Office of the Attorney General. The Mental Health Court Rules play

a crucial role in ensuring the fair and effective operation of the Mental Health Court and

prioritize the privacy and dignity of the MHC Participants. (Judiciary of Guam, 2024a).

In observing the Mental Health Court Rules, Weber’s theory of Legal Authority begins to

draw parallels. The legitimacy of these rules is placed on the fact that they were written,

approved, and established among leaders of various local agencies and rests on rules rationally

established to prove legitimacy. The Mental Health Court Rules are obeyed because they have

been enacted by proper procedures. The Mental Health Court Rules can also be seen as a

modern-day example of Gulcik’s Administrative Organization, highlighting the use of evidence-

based policymaking and scientific methods in administration.

Objectives Timeline

Developing a comprehensive strategic plan involves thinking through and detailing plan

elements, developing the logic underlying the choice of elements, and clearly documenting the

plan. Objective timelines, such as the Logic Model, are effective tools to assist in program

planning, implementation, management, evaluation, and reporting. The Logic Model helps

define a program’s intended impact and goals; the sequence of intended effects; which activities

are to produce which effect; and where to focus outcome and process evaluations. Experts in the

field agree that there are connections between program success and using logic models.

(Department of Health and Human Services, 2014). In the Guam Mental Health Court, the

objective timeline is used to meet the following goals and objectives: 1. Develop a collaborative,

comprehensive approach to serving persons with MHD or co-occurring MHSUD; 2. Build local
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capacity to identify and divert individuals with potential mental health needs from entering the

criminal justice system; 3. Provide resources to improve the current response and services to

participants in the Mental Health Court. (Judiciary of Guam, 2022b). The objective timeline

notes the ways in which these objectives will be accomplished, a deadline to accomplish these

tasks, and who is responsible for carrying these tasks out. Using the logic model helps ensure

that the plan will work—that the elements (goals, objectives, tasks, and action steps) will lead to

the desired results. (Bureau of Justice Assistance, 2009). This timeline is valuable for

documenting the division of duties and is a vital tool for the implementation process of the

program.

This tool's use can be compared to Weber’s Bureaucratic Theory, as it emphasizes the

organization's division of tasks, hierarchy, and control based on established and accepted rules.

The objectives timeline also employs scientific methods to achieve greater efficiency and

effectiveness in governmental operations, emphasizing the same factors as Taylor’s Scientific

Management. This timeline stresses the need for systematic planning and rationalization of

processes.

MHC Flowchart

Organizational structures influence coordination and communication within a project

team. A good structure can facilitate the efficient flow of information, allow teams to work

synergistically, and avoid communication barriers that can be detrimental to a project. (Cut

Nizma et al., 2024). This MHC flow chart is a visual representation of how participants will

move through the Mental Health Court Program. This flowchart depicts the different stages of

the MHC, including entry into the criminal justice system, prosecution and pretrial services,

adjudication, sentencing and supervision, and corrections. Each intercept identifies the
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responsibilities of the respective agency during each stage of the MHC process and what the

defendants will experience in terms of services and legal proceedings. (Judiciary of Guam,

2023).

This flowchart outlines the clear stages and responsibilities of each agency within the

Mental Health Court, reflecting a structured approach akin to Taylor's concept of functional

organization. It is also clear how the flowchart works to effectuate open and clear

communication between partners, much like Barnard noted in his theory on organizational

functioning. By organizing different stages of the Mental Health Court process into specialized

departments with clear lines of authority, it is clear how similar this process mimics Taylor’s and

Barnard’s approach.

Interagency Collaboration

Collaboration between groups can facilitate the development of high-quality guidelines.

While collaboration is often desirable, misunderstandings can occur. One method to minimize

misunderstandings is the pre-specification of terms of engagement in a memorandum of

understanding (MOU). (Alam et al., 2022). The Judiciary of Guam has an established MOU with

the Guam Behavioral Health and Wellness Center to collaborate as partners in fulfilling the

terms of the JMHCP grant. There are plans to expand this MOU to include other key partners

involved in the program, but the program is still in the planning stage. The comprehensive roles

and duties of each agency will be outlined in the "BJA FY22 JMHCP – MOU". With the help of

partners, participants will be referred to outside service providers to meet their needs. (Judiciary

of Guam, 2022a).

These Memorandums of Understanding (MOUs) pertain to Barnard's Executive Function,

specifically in terms of coordinating efforts, establishing communication channels, and defining

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organizational purposes among the various agencies involved in the Mental Health Court

program.

Key Findings

These theories provide frameworks for structuring processes, optimizing efficiency, and

fostering cooperation, all essential elements in addressing complex societal issues. These

theoretical foundations provide valuable insights into the organizational principles underlying

modern public administration. (Jos C. N. Raadschelders & Fry, 2022). The principles of

bureaucracy, functional organization, administrative reform, and incentive systems continue to

inform strategic planning, process optimization, and interagency collaboration within

programmatic systems like the MHC programs. The connections between the theorists and the

functions of the Mental Health Court Program highlight the relevance of management theories in

addressing contemporary challenges such as reforming treatment courts and interagency

collaboration. By applying the theoretical framework from these renowned theorists, modern

systems have an easy guide to enhance efficiency, accountability, and effectiveness in addressing

the complex needs of individuals with mental health disorders or substance use disorders.

Conclusion

This paper provides a comprehensive exploration of the theories of notable public

administration theorists, including Max Weber, Frederick Taylor, and Luther Gulick, and their

relevance to modern-day program implementation. These theoretical frameworks, rooted in

bureaucracy, scientific management, and administrative organization, offer valuable insights into

effective planning and governance. By integrating these theories into practical strategies, public

administrators can enhance the efficiency and effectiveness of their operations, contributing to

the advancement of public programs and governance.

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Kopp, I. B., & Munn, Z. (2022). A memorandum of understanding has facilitated

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