Running head: Analysis

Analysis of the Commonwealth’s Attorney Office

Janell D. Sinclair

Strayer University

Professor Andre’ L Lee

February 1, 2016
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Abstract

The Commonwealth’s Attorney Office provides a valuable service to the City of Petersburg.

Without this agency, the city could experience an increase of crimes. This department will be

evaluated and analyzed to determine its planning, organizational design, decision-making

processes, and the implementation of policies. After reviewing these areas, recommendations

will be offered for improvements within the agency.

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When an agency is created; it is established with processes and policies that are

appropriate, at that time. After a period time, the initial processes and policies may not be as

effective. A proactive leader should assess its department for opportunities of improvement.

During the evaluation, the organizational design will be explored to conclude whether it is still

conducive to provide efficient and effective services.

History of the Commonwealth’s Attorney Office

A thorough account of how a department evolved, will give a reviewer the background

information to understand why the agency was created and its dynamics.

“Virginia is a commonwealth state. In the 1700’s, the Constitution of Virginia,

created several offices: Governor, Lt. Governor, Attorney General, and

eventually, Commonwealth’s Attorney, Clerk of Circuit Court, Treasurer,

Commissioner of Revenue, and Sheriff. The Commonwealth’s Attorney is the

same as the District Attorney, in other states. The position is elected, like all of

the others, for a four year term. There is a C.A. for every independent county and

city totaling 120 C.A.s. The term is for 4 years, the city elections are held the

same year as the gubernatorial race, and the county elections are two years

afterwards” (C. Conover, personal communication, January, 29, 2016).

The founders of the constitution realized the necessity of local government leaders to govern

proficiently. Charles Szypszak (2011) states as new agencies were created law-makers tried to

balance what they saw as a need for efficient administration with constitutionally required

protection of individual rights (p. 225). The birth of the Commonwealth’s Attorney Office

materialized as a result of this belief.

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The Commonwealth’s Attorney is a constitutional officer. “Constitutional officer is a

government official whose office is created by a constitution, rather than by a statute”

(Constitutional Officer Law & Legal Definition, n.d.). An office created by the constitution

creates full autonomy for the elected official from the city or county it serves.

Organizational Design

The introduction of the Commonwealth’s Attorney Office was made shortly after the

1700’s. The organizational structure was sufficient during that time; however, due to an increase

in population and revolution of government, the agency’s design needs to be evaluated to assess

if it needs to be re-vamped. According to the Cassandra Conover (personal communication,

January 29, 2016), the commonwealth attorney implements the major policies for the

department’s operations, mission, goals, and objectives which are carried out expeditiously due

to the organizational structure. The Commonwealth Attorney manages:

Investigator/Bodyguard/Security, Deputy Commonwealth Attorney, Administrative Assistant,

and the Executive Director or Victim Services. This is considered the top-down model of policy

design. Birkland (2011, p. 265) states in this type of design, “there is an ‘implementation chain’

that ‘starts with a policy message at the top and sees implementation as occurring in a chain”.

Each leader is responsible for the leadership of their respective departments in the office. This

agency is flat with relatively few levels of leadership. The execution of policies would be a

smooth process attributable to the minimal levels of bureaucratic leaders.

Commonwealth’s Attorney Current Organization Structure

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Commonwealth
Attorney

Investigator/Bodyguard/Se
curity

Deputy
Administrative Executive Director -
Commonwealth
Assistant Victim Witness
Attorney

Senior Assistant
Secretary Case Manager
Commonwealth Attorney

Senior Assistant
Commonwealth Attorney
Secretary Case Manager

Senior Assistant
Commonwealth Attorney
Secretary Intake Officer

Assistant
Commonwealth Secretary
Attorney

Assistant
Commonwealth Paralegal
Attorney

Assessment of Organizational Design

Based on the advancement and needs of the locality; a commonwealth attorney would

need to consider whether reorganization is required to increase effectiveness and services to the

residents, efficiently. In the article, “Transforming Organizational Structure” (n.d.), there are

cultural values held within the government, despite a few exceptions, that resist change and

maintains an atmosphere of mistrust and control which promotes a rigid and hierarchical

structure. Denhardt and Denhardt agrees the way an organization is designed represents a

specific philosophy of management (2009, p. 176). The commonwealth attorney is an elected

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official that is responsible to the voters and must surrender to the Constitution of Virginia. This

politician has a challenging position which requires a fine balance of leadership and humility.

It is recommended to retain the current organizational structure. The Commonwealth’s

Attorney Office salaries are funded by the Compensation Board of Virginia. The City of

Petersburg funds the paychecks, initially; and the city is reimbursed. Therefore, it would not be

appropriate to have this department report to the city administration. Additionally, being the

salaries are financed by the Compensation Board and determined by the Commonwealth

Attorney; the Human Resources unit of the city should work in cooperation and not affiliation

with the organization. The staff members are provided city benefits, but the State of Virginia

pays the city for the employment packages. In the State of Virginia, the commonwealth’s

attorney is not accountable to any city official; consequently, the leader cannot be influenced.

The presiding judges, in this city, are elected by the members of the general assembly. A

justice has a term of eight years. The honorable interviews with the House’s and Senate’s Courts

of Justice committees, and the state representatives elect the candidates. This type of selection

process can persuade the judicial branch to rule in favor to the controlling political party that

voted in favor of the judge. The detachment of the Commonwealth’s Attorney Office will

provide a balance of justice for the district’s residents which was the premise of the

organizational structure created by the founders of the state constitution.

Commonwealth’s Attorney Recommended Organizational Design

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Commonwealth
Attorney

Investigator/Bodyguard/
Security

Deputy Executive
Administrative
Commonwealth Director - Victim
Assistant
Attorney Witness

Senior Assistant
Commonwealth Secretary Case Manager
Attorney

Senior Assistant
Commonwealth Secretary Case Manager
Attorney

Senior Assistant
Commonwealth Secretary Intake Officer
Attorney

Assistant
Commonwealth Secretary
Attorney

Assistant
Commonwealth Paralegal
Attorney

Evaluation of Planning and Implementation

In the public sector, there are actors and factors that impact the success of an agency.

These participants affect the planning, implementation and decision-making of the department.

A self-appraisal is needed to gauge how internal and external elements negatively and positively

affect the unit. “There are two broad categories of participants in policy making: official actors

and unofficial actors. Official actors are involved in public policy because their responsibilities

are sanctioned by laws or the Constitution and they therefore have the power to make and

enforce policies” (Birkland, 2011, p. 93). The actors can be the employees of the department, as

well.

The Commonwealth’s Attorney Office has had several milestones under the leadership of

Cassandra Conover. These milestones consist of:

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From 1991-95, the agency had the largest caseload in the state per capita; did a complete

overhaul from one case management system to another which uses the cloud, bar codes

and scanning; May 15, 2016, this Commonwealth’s Attorney will reach 25 years of

service making her the longest serving C.A. the city of Petersburg has ever had; and

additionally, she is the senior female C.A. in the state and the senior black female D.A. in

the U.S.A (C. Conover, personal communication, January 29, 2016).

The milestones experienced include diversity and technology which propelled the City of

Petersburg in the 21st century.

This locality has a population of 35,000 people. The caseload managed by the unit

reveals the city experienced a substantial amount of crimes. An agency is allotted a specified

amount of personnel according to the population of the service area. This agency tried and

convicted cases in spite of the unusual volume of work. The transition from paper management

to a computer database promotes efficiency within the unit. As an African American female

attorney, the C.A.’s length of service and minority status offers the City of Petersburg legitimacy

on a state level and nationally.

Planning, Organizational Design, Decision Making and Implementation

There are factors and/or actors that impacts the agency. These aspects can be internal

and/or external. Conover (personal communication, January 29, 2016) admits that:

The entire staff is an actor that affects the success of the department. The staff does

influence the effectiveness of the unit because everyone has to deal with the public. They

must be competent, pleasant, and focused on being the best they can be. They have to be

able to make decisions, with the policies always in mind, as the elected C.A. is the only
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individual directly responsible to the citizens. The Commonwealth Attorney cannot be

everywhere at one time.

The staff is a reflection of the leadership in the agency. If the policies are not carried out as

given; the actions of the individual staff members effects the unit, as whole. Since staff reports

to the elected official; the C.A. must hold the staff to a high standard to ensure a re-election.

Impeding Implementation of Policy

To every action, there is an equal and opposite reaction. If the department has success in

policy implementation; it reasonable to say, the same department will experience causes that

impedes implementation. Conover claims that loss of an election; rejection of policies by a

judge; the C.A. is not focused or attentive; or injudicious actions of a staff member can hinder

policy implementation and meeting the agency’s goals and/or objectives (personal

communication, January 29, 2016). These causes can bring a negative light on the unit and have

disastrous consequences the voters.

Recommendations for Planning and Implementation

After a thorough review, there are recommendations to increase the efficiency and

effectiveness of the agency. Prior to the implementation of public policies, the Commonwealth’s

Attorney should lobby and work with the judicial branch to ensure the policies are accepted.

This would eliminate additional man hours in the drafting and creation of replacement policies.

Additionally, it would be beneficial to include the lower level staff in the formation of new

policies. This decreases imprudent behavior of staff members, as the staff are now stakeholders

of the policies. These recommendations increases efficacy and productivity within the agency,
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and ensure the political actors has positive influence on policy implementation for the City of

Petersburg.

Cause and Effect Diagram

Commonwealth • Policies are not rejected;

Attorney and Judicial save man hours. Increase
Branch work together effectiveness and efficiency.
to propose new policies

Lower level personnel • Decreases imprudent

are included in the
development and behavior of staff members.
implementation of Promotes efficiency.
policies

Conclusion

The Commonwealth’s Attorney Office was not initially created with the formation of the

State of Virginia’s Constitution. This position was realized to provide a member of government

at the highest level, the people. The C.A. is a constitutional officer and is elected by the

constituents of its locality. This elected official is the sole manager of its unit. The

Commonwealth’s Attorney has a wide range of duties and responsibilities that impacts in the

internal staff and external stakeholders. This politician should internalize the constitution, as it is

the guiding force to ensure a long and successful career.

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References

Birkland, T. (2011). An Introduction to the Policy Process: Theories, Concepts, and Models of

Public Policy Making. (p. 93). United States: Library of Congress.

Constitutional Officer Law & Legal Definition. (n.d.). Retrieved from

http://definitions.uslegal.com/c/constitutional-officer/.

Denhardt, R. and Denhardt, J. (2009). Public Administration: An Action Orientation. (6th ed.).

Mason, OH: Cengage Learning.

Szypszak, C. (2011). Understanding Law for Public Administration. Sudbury, Massachusetts:

Jones and Bartlett Publishers.

Transforming Organizational Structure. (n.d.). Retrieved from

http://govinfo.library.unt.edu/npr/library/reports/tosint.html.
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Appendix

Interview Forms: Assignment 2

Student’s Name Janell D. Sinclair Section

Agency Commonwealth’s Attorney Department

Office

Person(s) Cassandra Conover Medium (Phone, Email

Interviewed email, in person,
identify if other)
Interviewee’s Commonwealth Attorney Date(s) of January 29, 2016
Position Interview

Area Topics for Questions

1) History Ask about reasons (goals / objectives) for being established as well as
identifying / explaining the major milestones or changes since being
established.
2) Organizational Ask about the design and organizational chart, decision makers, and the
Design process involved in making major policy decisions.
3) Organizational Ask about the effects (positive and negative) of the agency’s
Design’s Effects organizational design and decision-making process on its employees and
primary recipients of services.
4) Challenges and Ask about the agency’s challenges, its successes, and the things that need
Successes improvement regarding planning, organizational design, decision
making, and implementation.
5) Future Plans Ask about the agency’s future plans for organizational design, decision
making, and implementation that are expected to affect the agency’s
operation and its primary recipients.
6) Recommendations Ask about any recommendation they might have for improvement in the
areas of planning, decision making, organization, and / or
implementation.

Insert your questions for this area and each representative’s responses here.
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1. Can you provide an organizational chart for your agency?

COMMONWEALTH’S ATTORNEY

INVESTIGATOR/BODY GUARD /SECURITY

DEPUTY C.A. ADMIN. ASST. EXEC. DIR.-VICTIM WITNESS

3 SENIOR ASST. C.A. s 4 SECRETARIES 2 CASE MANAGERS

2 ASST. C.A.s 1 PARALEGAL 1 INTAKE OFFICER

2. What is the history of this agency? How was the agency established?

Virginia is a Commonwealth state. In the 1700’s written in the constitution of

Virginia, several offices were created: Governor, Lt. Governor, Attorney General,
and eventually, Commonwealth’s Attorney, Clerk of Circuit Court, Treasurer,
Commissioner of Revenue, and Sheriff. The Commonwealth’s Attorney is the same
as the District Attorney in other states. The position is elected like all of the others
for a four year term. There is a C.A. for every independent county and city totaling
120 C.A.s. The term is for 4 years, with the city elections held the same year as the
gubernatorial race, and the county elections are two years afterwards.

3. Who is responsible for making major policy decisions? How would you describe the
effectiveness of implementing these policies and providing your services to your
constituents?

The Commonwealth’s Attorney sets the major policies for the entire office in terms
of operations, mission, goals, and objectives. The supervisors are the Deputy C.A.,
the Administrative Assistant, and the Victim Witness Executive Director are
responsible for implementing the policies to the ones under their supervision. They
have autonomy to put in place policies on their level and particular to the particular
function of the unit (i.e. legal, support staff, victim/witnesses) that will facilitate
effective implementation by the respective employees. Because the
Commonwealth’s Attorney maintains an open door to the staff, the policies are
made expediently, if doing so will improve services to the public.

4. Name 3-4 milestones your agency has encountered. Name factors and/or actors (internal
or external) affecting the agency’s success. Do the factors and/or actors influence the
effectiveness of the agency’s planning, organizational design, decision making, and
implementation? Can you provide 3-4 causes (internal or external) that may impede the
agency’s implementing its policies and meeting its goals/objectives?

A. Milestones: 1. 1991-95, had the largest caseload in the state per capita. 2. Did a
complete overhaul from one case management system to another one which uses the
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cloud, bar codes and scanning. 3. May 15, 2016, this Commonwealth’s Attorney
will reach 25 years of service making her the longest serving C.A. the city of
Petersburg has ever had. Additionally, she is the senior Female C.A. in the state
and the senior black female D.A. in the U.S.A.
B. Factors/Actors: the entire staff. The staff does influence the effectiveness because
every one of them has to deal with the public. They must be competent, pleasant,
and focused on being the best they can be. They have to be able to make decisions
with the policies always in mind because only the elected C.A. will be responsible to
the citizens. She cannot be everywhere at one time.
C. Impeding causes: loss of an election; rejection of policies by judge; the C.A.
herself if she is not focused or attentive; stupid actions of a staff member.