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PADM505 | LESSON 4: LOCAL ETHICS
Introduction
Topics to be covered:
· Ethics and the Public Interest
· Stakeholder Analysis
· Common Ethical Dilemmas
· Ethical Challenges in City and County Government
The previous lessons have focused on federal and state ethics. Let’s now move to a level with which you are likely most familiar – the local level. Previous lessons in this course have briefly mentioned the public interest, noting that public administrators have a responsibility to serve the public interest and do so ethically. But what is the public interest? We will discuss it here at the local level as we really see it in action when it is in our backyard.
Ethics and the Public Interest
Public interest refers to the welfare of the general public, or society as a whole. Being responsive to the public interest, as opposed to the interest of only a few groups or individuals, is a primary concern of public administrators working at all levels of government. Cooper (2006) argued that public administrators must understand the public interest and use it to guide them as they make decisions to resolve ethical dilemmas.
The problem lies in determining what the public interest is. Public interest can be very complex and extremely difficult to specify. Cooper (2006) recommended that public administrators learn the values of the citizenry by following the political system and soliciting citizen participation in that system. In order to determine public interest, public administrators must identify the needs of their stakeholders.
Stakeholder Analysis
One way to determine who the stakeholders are for a specific government organization or agency and to define the public interest for them is to conduct a stakeholder analysis . This refers to the process of identifying the stakeholders in an organization and assessing how they influence the organization, as well as how the organization’s strategies will impact them. To conduct a stakeholder analysis, managers should use the following steps (Carpenter & Sanders, 2007, pp.47-49):
STEP 1: IDENTIFY STAKEHOLDERS
All organizations, both public and private, have a wide range of stakeholders. According to Madsen and Shafritz (1992), stakeholders are particularly important to government organizations and agencies; they include the following:
· Elected officials and legislative bodies
· Interest groups
· Client groups who receive services from the organization or agency
· Public administrators who work in the organization or agency
· Contractors and vendors who provide services to the organization or agency
· Professional associations that represent the interests of public administrators
· Court system
· News media
STEP 2: UNDERSTAND THE STAKEHOLDERS’ INTERESTS AND PRIORITIES
Different stakeholders will have different interests and priorities. For government organizations and agencies, ways to learn about stakeholders’ interests and priorities include public hearings, surveys, and town hall meetings.
STEP 3: UNDERSTAND HOW THE GOVERNMENT’S DECISIONS AND RESULTING ACTIONS AND PROGRAMS MAY AFFECT STAKEHOLDERS
For each type of stakeholder, determine if decisions, actions, and programs will have a significant impact, moderate impact, or little or no impact. For some stakeholders, the impact may be unknown.
STEP 4: ESTIMATE THE STAKEHOLDERS’ INFLUENCE ON STRATEGIC PLANS
For each stakeholder in each category, determine how much power they have regarding the government’s activities. Can they control the government’s activities, possibly even vetoing decisions? For each stakeholder, rate their level of power as significant, moderate, or little or no power.
STEP 5: ANSWER QUESTIONS ABOUT STAKEHOLDERS INTERESTS
Once the above steps are completed, Carpenter and Sanders (2007, p.49) recommend answering the following questions to gain more understanding about stakeholders and their interests/influence on an organization’s plans:
Common Ethical Dilemmas
Without understanding the public interest, public administrators will be challenged to practice ethical behavior to the best of their ability in a way that meets the needs and expectations of their stakeholders. But even if they accurately and thoroughly identify all of their stakeholders and fully understand their needs and expectations, public administrators still will be challenged to provide government goods and services that appropriately meet their needs. This is because in a pluralistic society, the government is expected to meet the needs and wants of everyone, and those demands are rarely in cohesive agreement. Rather, the different stakeholders compete for goods and services from government, making it necessary for public administrators to balance those stakeholders’ competing demands as they strive to satisfy all stakeholders as much as possible, knowing that they will never please all of them at once.
To see evidence of these concepts at the local level, review the video on Ethics in Public Service presented by the California Special Districts Association. You will see more on how the attributes of an ethical leader are demonstrated (or not) in public meetings.
· Which stakeholder groups actively promote their interests?
· Which stakeholder groups are likely to support proposed actions and programs and which ones are likely to oppose them?
· Which stakeholder groups will benefit if the actions and programs are successful? Which ones will not benefit?
· Who represents each stakeholder group and where are they located?
Ethical Challenges in City and County Government
CHALLENGES
1. Leaders must acknowledge that ethics and integrity are important
2. It must be recognized that ethics and integrity are not limited to one organization or category of employee
3. Sufficient resources must be committed to building and sustaining the integrity
4. A narrow rules and regulations approach must be avoided
OMBUDSMAN
You have seen the ethics commissions at the state level, other services are available at the local level. One is that of the Ombudsman . The powers differ from state to state but you can find good general information.
faced by City and County government.
The term Ombudsman refers to an independent individual that receives complaints against the government who can initiate investigations and recommend remedies to the complaints. The United States Ombudsman Association Model Ombudsman Act for State Governments .
OHIO: EXAMPLE ETHICS VIOLATION
Let’s take a look at an example of an ethics violation in the State of Ohio. A Spencer Township Trustee, Shawn Valentine, was also an Ohio National Guard member. Two years into his term as trustee he was activated and deployed for more than 90 days. This is important because the township regulations say that if you are absent from your duties as a trustee for 90 days or more, you vacate the post – with the exemption of military service. Prior to deployment, Valentine told two other trustees of his deployment and that it was not his intent to vacate. During the time Valentine was deployed, another trustee, Smith, lost his bid for re-election and his term was ending December of that year. Hood, another trustee presented a number of resolutions at a meeting, one of which was to seek resignation from Valentine. Directly after that meeting, he posted a notice of an emergency meeting the next morning and they voted to vacate Valentine’s office and appoint Smith to his seat. Both Valentine and the Prosecutor argued that the vacation and subsequent appointment were not valid. Much of this hinged on violation of the public meeting laws.
Conclusion
The public administrator, while serving the public interest, must deal with competing demands from various stakeholders and do so while practicing ethical behavior in an optimal manner. This is challenging for even the most skilled and knowledgeable public administrators whether at the Federal, state or local levels. Utilizing your local and state resources is a good way to make sure you are making the right ethical decisions.
References
Cooper, T.L. (2006). The Responsible Administrator: An Approach to Ethics for the Administrative Role, Fifth Edition, San Francisco: Jossey-Bass Publishers.
CSDA. (2015). Applying Public Service Ethics. Retrieved from https://www.youtube.com/watch?v=iD8o-8tPVww
Icma.org. (n.d.). Retrieved November 14, 2017, from https://icma.org/
Madsen, P., & Shafritz, J.M. (1992). Essentials of Government Ethics. New York: Penguin Books.
Markkula Center for Applied Ethics at Santa Clara University. (2012). Ethical Issues for City Managers. Retrieved from https://www.youtube.com/watch?v=sbPZuh54twU
Markkula Center for Applied Ethics at Santa Clara University. (2013). How the State Legislature Impacts Local Government. Retrieved from https://www.youtube.com/watch?v=jkY_TVpEEpE&feature=c4-overview-vl&list=PLE2963468CF1AFEC6
Menzel, Donald C. (2012). Ethics management for public administrators: leading and building organizations of integrity, (2nd edition). Armonk, NY: M.E. Sharpe.
Model Ombudsman Act for State Governments, United States Ombudsman Association’s Board of Directors (1997). Retrieved from http://www.usombudsman.org/model-ombudsman-act/
The United States Ombudsman Association (USOA). (n.d.). Retrieved November 14, 2017, from http://www.usombudsman.org/
Trevas, D. (2017, August 23). Township Trustees Illegally Replaced Member on Military Leave. Court News Ohio (CNO). Retrieved November 14, 2017, from http://www.courtnewsohio.gov/cases/2016/SCO/0823/160134.asp#.WgtiDEcUmpo