Business Ethics Project III
I C M A C o d e o f Ethics w it h G u id e lin e s The ICMA Code of Ethics was adopted by the ICMA membership in 1924, and most recendy amended by the membership in October 2019. The Guidelines for the Code were adopted by the ICMA Executive Board in 1972, and most recendy revised in June 2019.
The mission of ICMA is to advance professional local government through leadership, management, innovation, and ethics. To further this mission, certain principles, as enforced by the Rules of Procedure, shall govern the conduct of every member of ICMA, who shall:
T e n e t 1. W e b elieve professional m a n a g e m e n t is essential to e ffic ie n t and d e m o c ra tic local g o v e rn m e n t by e le c te d officials.
T e n e t 2. A ffirm th e d ig n ity and w o rth o f local g o v e rn m e n t services and m aintain a d e e p sense o f social responsibility as a tru s te d public servant.
GUIDELINE
A d v ic e t o O f f ic ia ls o f O t h e r L o c al
G o v e r n m e n t s . When members advise and respond to inquiries from elected or appointed officials of other local governments, they should inform the administrators of those communities.
T e n e t 3. D e m o n s tra te b y w o rd and a c tio n th e highest standards o f eth ical c o nd u ct and in te g rity in all public, professional, an d personal relationships in o rd e r th a t th e m e m b e r m ay m e rit th e tru s t and resp ect o f th e e le c te d and a p p o in te d officials, em plo yees, and th e public.
GUIDELINES
P u b lic C o n f id e n c e . Members should conduct themselves so as to maintain public confidence in their position and profession, the integrity of their local government, and in their responsibility to uphold the public trust.
In f lu e n c e . Members should conduct their professional and personal affairs in a manner that demonstrates that they cannot be improperly influenced in the performance of their official duties.
L e n g th o f S e r v ic e . For chief administrative/executive officers appointed by a governing body or elected official, a minimum of two years is considered necessary to render a professional service to the local government. In limited circumstances, it may be in the best interests of the local government and the member to separate before serving two years. Some examples include refusal of the appointing authority to honor commitments concerning conditions of employment, a vote of no confidence in the member, or significant personal issues. It is the responsibility of an applicant for a position to understand conditions of employment, including expectations of service. Not understanding the terms of employment prior to accepting does not justify premature separation. For all members a short tenure should be the exception rather than a recurring experience, and members are expected to honor all conditions of employment with the organization.
A p p o i n t m e n t C o m m it m e n t . Members who accept an appointment to a position should report to that position. This does not preclude the possibility of a member considering several offers or seeking several positions at the same time. However, once a member has accepted a formal offer of employment, that commitment is considered binding unless the employer makes fundamental changes in the negotiated terms of employment.
C r e d e n t ia ls . A member s resume for employment or application for ICMA’s Voluntary Credentialing Program shall completely and accurately reflect the member’s education, work experience, and personal history. Omissions and inaccuracies must be avoided.
P ro fe s s io n a l R e s p e c t. Members seeking a position should show professional respect for persons formerly holding the position, successors holding the position, or for others who might be applying for the same position. Professional respect does not preclude honest differences of opinion; it does preclude attacking a persons motives or integrity.
R e p o r t in g E th ic s V io la t io n s . When becoming aware of a possible violation of the ICMA Code of Ethics, members are encouraged to report possible violations to ICMA. In reporting the possible violation, members may choose to go on record as the complainant or report the matter on a confidential basis.
C o n f id e n t ia lit y . Members shall not discuss or divulge information with anyone about pending or completed ethics cases, except as specifically authorized by the Rules of Procedure for Enforcement of the Code of Ethics.
S e e k in g E m p lo y m e n t . Members should not seek employment for a position that has an incumbent who has not announced his or her separation or been officially informed by the appointive entity that his or her services are to be terminated. Members should not initiate contact with representatives of the appointive entity. Members contacted by representatives of the appointive entity body regarding prospective interest in the position should decline to have a conversation until the incumbent s separation from employment is publicly known.
R e la tio n s h ip s in t h e W o r k p la c e . Members should not engage in an intimate or romantic relationship with any elected official or board appointee, employee they report to, one they appoint and/ or supervise, either directly or indirectly, within the organization.
This guideline does not restrict personal friendships, professional mentoring, or social interactions with employees, elected officials and Board appointees.
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Conduct Unbecoming. Members should treat people fairly, with dignity and respect and should not engage in, or condone bullying behavior, harassment, sexual harassment or discrimination on the basis o f race, religion, national origin, age, disability, gender, gender identity, or sexual orientation.
Tenet 4. Serve the best interests of the people.
GUIDELINES
Impacts of Decisions. Members should inform their governing body o f the anticipated effects of a decision on people in their jurisdictions, especially if specific groups m aybe disproportionately harmed or helped.
Inclusion. To ensure that all the people within their jurisdiction have the ability to actively engage with their local government, members should strive to eliminate barriers to public involvement in decisions, program, and services.
Tenet 5. Submit policy proposals to elected officials; provide them w ith facts and advice on matters of policy as a basis for making decisions and setting com m unity goals; and uphold and im plem ent local governm ent policies adopted by elected officials.
GUIDELINE
Conflicting Roles. Members who serve multiple roles - working as both city attorney and city manager for the same community, for example - should avoid participating in matters that create the appearance o f a conflict of interest. They should disclose the potential conflict to the governing body so that other opinions may be solicited.
Tenet 6. Recognize th a t elected representatives o f the people are e ntitled to th e credit for the establishment of local governm ent policies; responsibility for policy execution rests w ith the members.
Tenet 7. Refrain from all political activities which undermine public confidence in professional administrators. Refrain from
participation in the election of the members of the employing legislative body.
GUIDELINES
Elections of the Governing Body. Members should maintain a reputation for serving equally and impartially all members of the governing body of the local government they serve, regardless o f party. To this end, they should not participate in an election campaign on behalf of or in opposition to candidates for the governing body.
Elections of Elected Executives. Members shall not participate in the election campaign o f any candidate for mayor or elected county executive.
Running for Office. Members shall not run for elected office or become involved in political activities related to running for elected office, or accept appointment to an elected office. They shall not seek political endorsements, financial contributions or engage in other campaign activities.
Elections. Members share with their fellow citizens the right and responsibility to vote. However, in order not to impair their effectiveness on behalf o f the local governments they serve, they shall not participate in political activities to support the candidacy of individuals running for any city, county, special district, school, state or federal offices. Specifically, they shall not endorse candidates, make financial contributions, sign or circulate petitions, or participate in fund-raising activities for individuals seeking or holding elected office.
Elections relating to the Form of Government. Members may assist in preparing and presenting materials that explain the form o f government to the public prior to a form of government election. If assistance is required by another community, members may respond.
Presentation of Issues. Members may assist their governing body in the presentation o f issues involved in referenda such as bond issues, annexations, and other matters that affect the government entity’s operations a n d /o r fiscal capacity.
Personal Advocacy of Issues. Members share with their fellow citizens the right and responsibility to voice their opinion on public issues. Members may advocate for issues o f personal interest only when doing so does not conflict with the performance of their official duties.
Tenet 8. M ake it a d uty continually to improve the m em ber’s professional ability and to develop the competence of associates in the use of m anagement techniques.
GUIDELINES
Self-Assessment. Each member should assess his or her professional skills and abilities on a periodic basis.
Professional Development. Each member should commit at least 40 hours per year to professional development activities that are based on the practices identified by the members o f ICMA.
Tenet 9. Keep the community informed on local governm ent affairs; encourage communication between the citizens and all local governm ent officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service.
Tenet 10. Resist any encroachm ent on professional responsibilities, believing the m em ber should be free to carry out official policies w ith o u t interference, and handle each problem w ith o ut discrimination on the basis of principle and justice.
GUIDELINE
Information Sharing. The member should openly share information with the governing body while diligently carrying out the m em bers responsibilities as set forth in the charter or enabling legislation.
Tenet 11. Handle all matters of personnel on the basis of m erit so th a t fairness and im partiality govern a m em ber’s decisions, pertaining to appointments, pay adjustments, promotions, and discipline.
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G U ID E L IN E
Equal O p p o rtu n ity . All decisions pertaining to appointments, pay adjustments, promotions, and discipline should prohibit discrimination because of race, color, religion, sex, national origin, sexual orientation, political affiliation, disability, age, or marital status.
It should be the members’ personal and professional responsibility to actively recruit and hire a diverse staff throughout their organizations.
Tenet 12. Public office is a public trust. A m em ber shall not leverage his or her position for personal gain or benefit.
G U ID E L IN E S
G ifts . Members shall not directly or indirectly solicit, accept or receive any gift if it could reasonably be perceived or inferred that the gift was intended to influence them in the performance o f their official duties; or if the gift was intended to serve as a reward for any official action on their part.
The term “Gift” includes b u t is not limited to services, travel, meals, gift cards, tickets, or other entertainment or hospitality. Gifts o f money or loans from persons other than the local government jurisdiction pursuant to normal employment practices are not acceptable.
Members should not accept any gift that could undermine public confidence. De minimus gifts may be accepted in circumstances that support the execution o f the mem ber s official duties or serve a legitimate public purpose. In those cases, the m ember should determine a modest maximum dollar value based on guidance from the governing body or any applicable state or local law.
The guideline is not intended to apply to normal social practices, not associated with the m em ber’s official duties, where gifts are exchanged among friends, associates and relatives.
In v e s tm e n ts in C o n flic t w ith O ffic ia l
D u tie s . Members should refrain from any investment activity which would compromise the impartial and objective performance of their duties. Members should not invest or hold any investment, directly or indirectly, in any financial business, commercial, or other private
transaction that creates a conflict of interest, in fact or appearance, with their official duties.
In the case o f real estate, the use of confidential information and knowledge to further a m em ber’s personal interest is not permitted. Purchases and sales which might be interpreted as speculation for quick profit should be avoided (see the guideline on “Confidential Information”). Because personal investments may appear to influence official actions and decisions, or create the appearance of impropriety, members should disclose or dispose of such investments prior to accepting a position in a local government. Should the conflict of interest arise during employment, die m ember should make full disclosure a n d /o r recuse themselves prior to any official action by the governing body that may affect such investments.
This guideline is not intended to prohibit a member from having or acquiring an interest in or deriving a benefit from any investment when the interest or benefit is due to ownership by the m ember or the m em ber’s family of a de minimus percentage o f a corporation traded on a recognized stock exchange even though the corporation or its subsidiaries may do business with the local government.
Perso n al R elatio n sh ip s. In any instance where there is a conflict o f interest, appearance of a conflict o f interest, or personal financial gain o f a m ember by virtue of a relationship with any individual, spouse/partner, group, agency, vendor or other entity, the member shall disclose the relationship to the organization. For example, if the m ember has a relative that works for a developer doing business with the local government, that fact should be disclosed.
C o n fid e n tia l In fo rm a tio n . Members shall not disclose to others, or use to advance their personal interest, intellectual property, confidential information, or information that is not yet public knowledge, that has been acquired by them in the course o f their official duties.
Information that may be in the public domain or accessible by means of an open records request, is not confidential.
P riv a te E m p lo y m e n t. Members should not engage in, solicit, negotiate for, or
promise to accept private employment, nor should they render services for private interests or conduct a private business when such employment, service, or business creates a conflict with or impairs the proper discharge of their official duties.
Teaching, lecturing, writing, or consulting are typical activities that may not involve conflict o f interest, or impair the proper discharge o f their official duties. Prior notification o f the appointing authority is appropriate in all cases of outside employment.
R e p re s e n ta tio n . M embers should not represent any outside interest before any agency, w hether public or private, except with the authorization o f or at the direction of the appointing authority they serve.
E n d o rs em en ts. M embers should not endorse commercial products or services by agreeing to use their photograph, endorsement, or quotation in paid or other commercial advertisements, marketing materials, social media, or other documents, w hether the m ember is compensated or not for the m em ber’s support. M embers may, however, provide verbal professional references as part of the due diligence phase o f competitive process or in response to a direct inquiry.
M embers may agree to endorse the following, provided they do not receive any compensation: ( l ) books or other publications; (2) professional development or educational services provided by nonprofit membership organizations or recognized educational institutions; (3) products a n d /o r services in which the local government has a direct economic interest.
M embers’ observations, opinions, and analyses of commercial products used or tested by their local governments are appropriate and useful to the profession when included as part o f professional articles and reports.
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IGMA ethics
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