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85 UMKC L. Rev. 931 (2016-2017)
Smarter Laws, Better Bureaucrats

handle is hein.journals/umkc85 and id is 965 raw text is: SMARTER LAWS, BETTER BUREAUCRATS Stephen Goldsmith* and Eric Bosco INTRODUCTION The proliferation of smart cities and the advancement of data-driven solutions to both the common and complex problems in our society have revolutionized the world we live in. Our experiences as consumers allow us to receive personalized offers, configure the music we hear, choose the best route for us to drive, and monitor our own health and sleep habits. Indeed the digital revolution touched city hall as more cities analyze data to drive performance and involve citizens. In turn it has provided insight to many government services, from public health and safety to social services, and citizen engagement. The City of Chicago, one of the leaders of the smart cities movement nationally, has a variety of noteworthy initiatives, using predictive analytics to improve public health inspections of restaurants and pioneering the use of sensors to monitor key indicators across the city. New Orleans officials apply predictive models to spot vacant properties and prevent blight. Boston firefighters take advantage of real-time information about building hazards before and as they reach the scene of a fire. However, fundamentally, cities still operate with a set of rules developed in the wake of Tammany Hall that ushered in progressive government. At the time those rules controlled how public officials procured goods and services, hired and promoted employees, and slowed corruption by requiring employees to operate within narrow parameters. The definition of an accountable government over the last 100 years has been how well it follows rules, not how much it accomplishes. For example, when Goldsmith took over as Chairman of the Corporation for National and Community Service, the parent of AmeriCorps and Vista, the staff considered funding proposals from non-profits as criteria of record keeping regularities, but not their performance. The same applies to most cities. Even those that rigorously use stat programs to measure progress rarely define employee performance based on problems solved or outcomes affected. These progressive rules are embedded in city and state laws throughout the United States in procurement and civil service codes. Our legal system and the media that cover the state house and city hall are focused on compliance not performance. The age of smart cities is upon us and with it comes the need for systemic change in these laws and the way they are enforced. We are suggesting that to unlock performance, a new definition of accountability should apply to those who occupy public positions or with which public agencies contract. * Stephen Goldsmith is the Daniel Paul Professor of the Practice of Government and the Director of the Innovations in American Government Program at Harvard's Kennedy School of Government and former Mayor of Indianapolis, Indiana (1992-2000). Eric Bosco is a writer and research assistant for the Civic Analytics Network at the Harvard Kennedy School's Ash Center for Democratic Governance and Innovation.

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