Ethics-Dean

Speed Bumps and Potholes Along the Ethical PathwayMichael F. Dean : 

Speed Bumps and Potholes Along the Ethical PathwayMichael F. Dean MEYERS NAVE 555 Capitol Mall, Suite 1200 Sacramento, CA 95814 Tel.: 916.556.1531 www.meyersnave.com

What is Ethics Anyways? : 

What is Ethics Anyways? We all think we are honest & ethical We want others to think so, too But what does ethics mean?

What is ethics, anyway? : 

What is ethics, anyway? The way in which an official should act and perform when fulfilling official duties Represents a set of values, moral principles, or rules of conduct Concerns both individual and group/agency behavior Important framework for maintaining public confidence in the integrity and professionalism of government

“Ethics” Is a Collection of Values : 

“Ethics” Is a Collection of Values Trustworthiness Responsibility Respect Loyalty Compassion Fairness Honesty

Ethical Values May Conflict : 

Ethical Values May Conflict In any given situation some values may point to one answer; other values may point to a different course of conduct.

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What are the aspects of each of these “Ethical Values”?

Trustworthiness : 

Trustworthiness Remember your role is to serve community, not to promote yourself Be truthful with others Avoid even appearance of impropriety (pretend you are Cesar’s wife) Keep your promises

Responsibility : 

Responsibility Work to better your agency, your constituents and the broader community Promote efficiency & professionalism Do not use agency resources or information for personal gain Represent agency’s official position Avoid unrealistic promises Do your homework & come prepared

Respect : 

Respect Treat officials, staff and public with courtesy (yes, even if disagree!) Listen more; talk less (two ears, one mouth) Focus on merits, not on personalities Use diverse opinions to gain perspective Try to build consensus

Loyalty : 

Loyalty Keep confidentiality Avoid conflicts Put public interest above personal or political interests Once decision is made, stop opposing it except through appropriate internal means

Compassion : 

Compassion Convey a sense of caring for community Recognize legitimate needs of others officials, staff & the public Remember public can be intimidated by government or process Sometimes making an exception to a rule is appropriate

Fairness : 

Fairness Act on the merits Apply laws consistently to those similarly situated Support the public’s right to know and right to participate in a meaningful way Act with impartiality and avoid the appearance of bias

Honesty : 

Honesty Be truthful with Fellow officials and staff Public Yourself Act in the public interest not for personal gain

Values Can be Summarized As Three Ethical Principles : 

Values Can be Summarized As Three Ethical Principles #1 No personal financial gain #2 No personal advantages or perks #3 Act with transparency and fairness

Laws Try to Impose Ethics : 

Laws Try to Impose Ethics Laws designed to prevent financial interests from influencing decisions Laws limiting personal advantage or “perks” of office Laws requiring “open government” or transparency

How Ethics Laws Work : 

How Ethics Laws Work By requiring public disclosure By prohibiting certain actions

Ethics Is More Than The Law—But The Law Is A Darn Good Start : 

Ethics Is More Than The Law—But The Law Is A Darn Good Start What does the law require? The law is floor for ethics, not the ceiling What does your conscience say? What would your mother say? How will the public perceive it? Perception is reality What if it were in the newspaper?

What Others Have Said : 

What Others Have Said Ethical principles of No Personal Financial Gain No Personal Advantage or Perks Transparency & Fairness of Process Have resulted in many comments about ethics over the millennia:

What Others Have Said, cont. : 

What Others Have Said, cont. “No man can serve two masters” New Testament, Mathew 6:24 “When a man assumes a public trust, he should consider himself as public property” Thomas Jefferson “The good of the people is the chief law” Cicero

Comments About American Government : 

Comments About American Government The Government Belongs to the Public “…Government of the People, by the People, and for the People…” Abraham Lincoln Public Life Is Life in a Fishbowl “If you can’t stand the heat, get out of the kitchen.” Harry Truman

The California Legislature Talks About Transparency : 

The California Legislature Talks About Transparency “…it is the intent of the law that…actions be taken openly and that…deliberations be conducted openly. The people of the State do not yield their sovereignty to the agencies which serve them.” --- Ralph M. Brown Act

The California Legislature Talks Some More About Transparency : 

The California Legislature Talks Some More About Transparency “The people … do not give their public servants their right to decide what is good for the people to know and what is not good for them to know…” -- Ralph M. Brown Act

The California Legislature Talks About No Financial Gain or Bias : 

The California Legislature Talks About No Financial Gain or Bias “Public officials, whether elected or appointed, should perform their duties in an impartial manner, free from bias caused by their own financial interests or the financial interests of persons who have supported them.” -- Political Reform Act

Good Summary By A Famous French Guy : 

Good Summary By A Famous French Guy “In general, democracy gives largely to the community, and very sparingly to those who govern it. The reverse is the case in aristocratic countries, where the money of the State is expended to the profit of the persons who are at the head of affairs.” Alexis de Tocqueville (“Democracy in America”, 1835)

The Rationalization Trap : 

The Rationalization Trap Lots of time and effort by official plus few formal benefits Lousy pay; long hours; Unpleasant fellow officials & public No actual detriment to the public if ….. Use the agency pick up truck & refill gas Use the computer during non-work hours Make photo copies and reimburse the agency I can compartmentalize and “be fair”

Rationalization Trap Exposed, or Self Deception is Easy(Quote by Famous Greek Guy) : 

Rationalization Trap Exposed, or Self Deception is Easy(Quote by Famous Greek Guy) “Nothing is so easy as to deceive oneself; for what we wish, we readily believe.” Demosthenes (384-322 BCE) Public service does not “entitle” you

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Let’s Breakdown the Three Ethical Principals A Bit More…

Ethics Principle #1No Personal Financial Gain : 

Ethics Principle #1No Personal Financial Gain Make decisions based solely on the public’s interests Do not make decisions based on your own interests

Rules to Ensure No Financial Gain : 

Rules to Ensure No Financial Gain Disclose financial interests Political Reform Act Form 700 Disqualification if economic interest Political Reform Act No making of contracts if financial interest Govt. Code section 1090 Take nothing in return for a decision Bribery (Pen. Code 518)

Principle #2No Advantages or Perks : 

Principle #2No Advantages or Perks Public officer or employee gets only what the office or employment provides by law or statute Public officer or employee does not get any other advantage or perk

Rules to Ensure No Personal Advantage or Perks : 

Rules to Ensure No Personal Advantage or Perks Use of Agency equipment, offices, staff Loans Commercially available terms Gifts Disclosure ($50) Maximum ($390) Limited travel Mass mailing

Principle #3Transparency & Fairness : 

Principle #3Transparency & Fairness Operate in an open and public process Act with impartiality

Rules to Ensure Transparency & Fairness : 

Rules to Ensure Transparency & Fairness Brown Act Open and Public meetings Notice requirements Political Reform Act -Economic Disclosure Bias Rules Nepotism –civil service Bidding Political supporters Issue bias in Quasi-judicial matters

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How can we approach an ethical question?....

Types of Ethical Dilemmas : 

Types of Ethical Dilemmas Personal (or agency) Cost Dilemma Political detriment Financial detriment Answer may be easy; doing the “right thing” may not be Right vs. Right Dilemma Conflict between two or more ethical values Answer may not be obvious at all Balancing values – weight to public perception

Identify What is Causing the Issue : 

Identify What is Causing the Issue What ethical principles are at stake? What ethical values are implicated? Which type of ethical dilemma do you have? Personal Dilemma? Right vs. Right Dilemma?

These Questions May Help : 

These Questions May Help Are you acting to benefit a specific person? Who is it and what is your relationship? Are you using public resources in some fashion? Are you in a public space? Are you personally benefiting?

#1 -- Is It Ethical? : 

#1 -- Is It Ethical? Your agency receives a gift of season tickets to the Mudhens, the local professional sports team. The Mudhens play in “The Mud Puddle,” a sports arena owned by your agency, but operated by a private party by contract. Your agency proposes to give the tickets to you and the members of the agency board.

#1 Discussion points : 

#1 Discussion points Which principles are at stake? Personal financial advantage or gain? Personal perks? Fairness/appearance of bias? What laws apply, if any?

#1Discussion, cont. : 

#1Discussion, cont. All 3 ethical principles at stake Gift laws are just the minimum. Gift directly to office holder not permitted What is the value of the season pass How much money is at stake? Appearance of a perk Who is being benefited? Does the gift have public benefits or just private ones? (Monitoring of the public facility?) Will the public accept your explanation?

#2 -- Is it ethical? : 

#2 -- Is it ethical? Your agency is considering 2 critical policies. You are one of 2 board members who support policy A. You are one of 3 board members who oppose policy B. Your colleague (who opposes Policy A and supports Policy B) invites you to the Bull Moose Bar & Grill. Your colleague buys you a drink and proposes that he will vote for policy A (so it passes) if you agree to vote for policy B (so it passes).

#2 Discussion points : 

#2 Discussion points Which principles are at stake? Personal financial advantage or gain? Personal perks? Fairness/appearance of bias? What laws apply, if any?

#2 Discussion, cont. : 

#2 Discussion, cont. No personal advantage or perk to you. Ends justify the means? Quid pro quo for vote = bribery Consideration of matters other than public interest on a vote (Policy B).

#3 -- Is it ethical? : 

#3 -- Is it ethical? The agency’s General Manager is active in the Loyal Order of Aardvarks. She is in charge of publicity for the annual pancake breakfast. The General Manager asks the agency administrative assistant to design and duplicate a flyer on the agency’s copier. The Manager reimburses the agency for all costs, spends Wed. afternoon distributing the flyer to local businesses and has the flyer distributed to employees in the agency’s interoffice mail.

#3 Discussion points : 

#3 Discussion points Which principles are at stake? Personal financial advantage or gain? Personal perks? Fairness/appearance of bias? What laws apply, if any?

#3 Discussion, cont. : 

#3 Discussion, cont. No personal gain Public benefit? Agency constituents vs. LOA Personal use of staff and resources (perks)

Promotion of Ethics : 

Promotion of Ethics Evaluate what message the agency sends: Is it about Getting it done? How it gets done? Include ethics values in your mission statement Adopt a code of ethics Make sure your leaders model ethics

Promotion of ethics, cont. : 

Promotion of ethics, cont. Hire for ethics Leopards don’t change spots Talk commitment to ethics orientation and hiring Include ethics in evaluations Before issues arise, tell officers and employees whom to ask if an ethical question comes up Provide training in making ethical decisions Tell the public

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Questions?