Transcript Center for Urban Innovation: New Center / New Partnership

Alliance for Innovation:
Research Overview
James H. Svara
School of Public Affairs
Increased use of code of ethics

Between 1992 and 2002, the proportion
of city governments over 50,000 in
population with codes increased from
two in five to three in five
Coverage of code (State of Profession
survey, 2004)
Does your government have code of ethics that
applies to:
60
50
40
30
Yes
20
10
0
Council
Boards
Staff
Elements in professional codes
1. Prohibitions - “Don’t” statements
2. Obligations and responsibilities
3. Virtues, personal qualities and/or values.
4. Aspirations
Examples from ICMA Code [1]
1. Prohibitions - “Don’t” statements
–
–
ICMA 7: Refrain from all political activities
ICMA 12: Seek no favor
2. Obligations and responsibilities
–
–
–
–
ICMA 5: Submit policy proposals to elected officials; provide
them with facts and advice on matters of policy
ICMA 8: Make it a duty continually to improve the member's
professional ability
ICMA 9. Keep the community informed on local government
affairs
ICMA 10. Resist any encroachment on professional
responsibilities
Examples from ICMA Code [2]
3. Virtues, personal qualities and/or values.
–
ICMA 3: Be dedicated to the highest ideals of honor and
integrity
4. Aspirations
–
–
ICMA 1. Be dedicated to the concepts of effective and
democratic local government by responsible elected officials
ICMA 2: Affirm the dignity and worth of the services
rendered by government and maintain a constructive,
creative, and practical attitude toward local government
affairs and a deep sense of social responsibility as a trusted
public servant.
Enacted ethics codes or laws

Build on general law
–


Scottsdale summarizes 25 areas covered by Arizona
Constitution or statutes or the Scottsdale charter or code
Oriented toward enforcement or principles
Other approaches
–
–
–
General policy with handbook
It is the policy of the City of Phoenix to uphold, promote and
demand the highest standards of ethics…. Accordingly, all
[officials] should maintain the utmost standards of personal
integrity, truthfulness, honesty and fairness in carrying out their
public duties, avoid any improprieties in their roles as public
servants, and never use their City position or powers for
improper personal gain.
Review of applicable laws and policies.
Elements in enforcement-oriented
ethics codes
1.
2.
3.
4.
5.
6.
7.
Who is covered by provisions
Financial disclosure
Conflict of interest
Prohibitions
Post-employment restrictions
Whistle-blower protection
Administration and enforcement
Other provisions in ethics codes for
elected officials

Open meetings
–


Town officials shall conduct themselves in a manner that fully
adheres to and preferably exceeds state laws concerning open
meetings and transparency of actions. Indeed, Town officials
are encouraged to employ a "mindset of openness" in
conducting the affairs of the Town (Payson)
Public records
Non-interference
–
Under the Town's Code of Ordinances, administrative authority
is vested in the Town Manager. Members of the Town Council
are cautioned not to interfere with that authority by giving
orders or explicit directions or requests, publicly or privately,
regarding Town matters to any subordinates of the Town
Manager (Payson)
Responsibilities of others


No official shall grant nor shall any citizen
attempt to obtain and special treatment
Any person or organization that willfully
attempts to secure preferential treatment
shall be barred from contracts for two years
(Maryville, WA)
Council code based on principlesTown of Paradise Valley [1]
1. Obey the Constitution and laws of the United States of
America, the Constitution and Laws of the State of
Arizona, and the laws of the Town of Paradise Valley.
2. Be dedicated to the concepts of effective and democratic
local government.
3. Affirm the dignity and worth of the services rendered by
the Town government and maintain a deep sense of
social responsibility as a trusted public servant.
4. Be dedicated to the highest ideals of honor, ethics, and
integrity in all public and personal relationships.
5. Recognize that the chief function of local government is
at all times to serve the best interests of all the people.
Council code based on principles [2]
6. Keep the community informed on municipal affairs; encourage
communication between the citizens and all municipal officers;
emphasize friendly and courteous service to the public; and
seek to improve the quality and image of public service.
7. Seek no favor; believe that personal benefit or profit secured by
confidential or privileged information or by misuse of public time
is dishonest.
8. Conduct business of the Town in a manner which is not only fair
in fact, but also in appearance.
[Also adopted in Fountain Hills, AZ, with this additional tenet]
9. Promote understanding, mutual respect and trust among
members of Council, boards, commissions and committees
concerning their roles and responsibilities with respect to Town
staff’s responsibility for implementing the Town Council’s
policies.
Developing a code of ethics
The way the code is developed is
probably as important as its content.
 Members of the organization should be
involved in its creation.
 To make the code relevant to those
inherit it after the period of formation,
periodically repeat general discussions
of what the code is and what it means.

Comments invited
[email protected]