ethics essay
Ethics in Public Administration: Chapter Six
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MAINTAINING RESPONSIBLE CONDUCT
Personal Emphasis up to now
Cultivate an awareness of ethical dilemmas
Develop ways to conceptualize them
Practice ways to think about resolution
Need to consider organizational policy and management
Is a code enough?
Is a design better?
2
The Situational Context
Zimbardo’s The Lucifer Effect
Sensitive, caring students become brutal in a prison simulation
Trevino(1986) : individual and situational variables interact with cognitive component to determine how an individual will decide
Both job characteristics and organizational culture can contribute.
3
Internal and External Controls
Carl Friedrich: internal more important; Herman Finer: external institutional controls more.
Neither is sufficient alone; issue is emphasis.
Pay attention to more laws, management controls, performance evaluation tightening
Pay attention to counseling, training, professional codes of conduct.
The real issue: How to integrate the two
4
“Much Ado About Something”
What are the facts?
What are the principles involved?
What alternatives might resolve this?
5
External Controls
Max Weber (1946) “The honor of the civil servant is vested in his ability to execute conscientiously the order of the superior authorities, exactly as if the order agreed with his own conviction.”
They are “tools” of the organizations. Without Sympathy or Enthusiasm: The Problem of Administrative Compassion, Thompson (1975).
The problem is: the “tools” are people.
6
Ethics Legislation
Does the law define obligation; is personal discretion reduced?
Law is a collective ethical judgment, a moral minimum established by the political community.
Principles and priorities are still critical.
People still engage in ethical assessments of laws
Vary in seriousness, sophistication, legitimacy
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Ethics Legislation
Started with Andrew Jackson’s sharing of the “spoils”
Influence peddling, information peddling, and public funds for personal gain were common
No “science of administration” or concept of “public servant”
After that many federal and state ethics laws and committees
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Codes of Ethics
Center for the Study of Ethics in the Professions online database
Some focus on peer esteem and have no formal enforcement
Others censure, suspend, or expel:
National Education Association (NEA)
International City/County Management Association (ICMA)
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ASPA
Revised many times, awareness and use have increased
Enforcement not a part of it due to diverse membership
Tenents:
Serve the public interest
Respect the Constitution and the law
Demonstrate personal integrity
Promote ethical organizations
Strive for professional excellence
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ASPA
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Pros and Cons of Ethics Legislation
Pros
Provide broad constraints on decision-making
Provide sanctions for irresponsible decision-making
Provide cautionary examples
Cons
Broad and subject to interpretation
Difficult to enforce
Enforcement may be demoralizing
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Pros and Cons of Codes of Ethics
Pros
Can present lofty ideals of profession
Can be tailored to fit specific situations
Can be mechanism for clarifying values of group
Cons
Vague loftiness can inhibit concrete application
Difficult to enforce
Enforcement may be irrelevant—members can leave the association
Can stifle discretion and inhibit job performance
13
Internal Controls
Responsiveness: the internalization of “technical knowledge” and sensitivity to “public sentiment” Friedrich(1935)
External controls are “poor substitutes for a sense of duty. …. One cannot commandeer responsibility. One can only cultivate it, safeguard its roots, stimulate its growth, and provide it with favorable climatic conditions.” Fritz Marx (1940)
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The New Public Administration
Minnowbrook Conference 1968: Began the movement
Administrators not simply neutral instruments of elected officials but bring to policymaking and administration a commitment to change.
Organizational change, social equity, and good management are strongly bound together.
Client-oriented administration: the public and its problems are the focus of concern.
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Tenents of the New Public Administration Movement
Administrators inevitably involved in politics
Political control over bureaucracy is essential
External political controls are not enough
External points of reference (management techniques, professional standards, democratic government) engender internal values and thus enhance responsible conduct.
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PROS OF INTERNAL CONTROLS
Values internalized remain in the decision process. (Even if supervisor or external controls are weak or absent.)
Internalized values are likely to create a responsive bureaucracy that takes into account the unique dimensions of concrete situations.
Cultivating internal controls give a person self-confidence even in the midst of difficult decisions.
Cons of Internal Controls
In a society with relative values, whose values should be adopted?
Internal controls can be unreliable and self-serving can contaminate responsibility
Competing internal values can create conflict, e.g. technical or professional standards can compete with sensitivity to public concerns.
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ASPA CODE OF ETHICS
HTTP://WWW.ASPANET.ORG/PUBLIC/ASPA/RESOURCES/CODE_OF_ETHICS/ASP
A/RESOURCES/CODE%20OF%20ETHICS1.ASPX
I. Serve the Public Interest
Serve the public, beyond serving oneself. ASPA members are committed to:
1. Exercise discretionary authority to promote the public interest. 2. Oppose all forms of discrimination and harassment, and promote
affirmative action. 3. Recognize and support the public's right to know the public's business. 4. Involve citizens in policy decision-making. 5. Exercise compassion, benevolence, fairness and optimism. 6. Respond to the public in ways that are complete, clear, and easy to
understand. 7. Assist citizens in their dealings with government. 8. Be prepared to make decisions that may not be popular.
II. Respect the Constitution and the Law Respect, support, and study government constitutions and laws that define responsibilities of public agencies, employees, and all citizens. ASPA members are committed to:
1. Understand and apply legislation and regulations relevant to their professional role.
2. Work to improve and change laws and policies that are counterproductive or obsolete.
3. Eliminate unlawful discrimination. 4. Prevent all forms of mismanagement of public funds by establishing and
maintaining strong fiscal and management controls, and by supporting audits and investigative activities.
5. Respect and protect privileged information. 6. Encourage and facilitate legitimate dissent activities in government and
protect the whistleblowing rights of public employees. 7. Promote constitutional principles of equality, fairness, representativeness,
responsiveness and due process in protecting citizens' rights.
III. Demonstrate Personal Integrity Demonstrate the highest standards in all activities to inspire public confidence and trust in public service. ASPA members are committed to:
1. Maintain truthfulness and honesty and to not compromise them for advancement, honor, or personal gain.
2. Ensure that others receive credit for their work and contributions. 3. Zealously guard against conflict of interest or its appearance: e.g.,
nepotism, improper outside employment, misuse of public resources or the acceptance of gifts.
4. Respect superiors, subordinates, colleagues and the public. 5. Take responsibility for their own errors. 6. Conduct official acts without partisanship.
IV. Promote Ethical Organizations Strengthen organizational capabilities to apply ethics, efficiency and effectiveness in serving the public. ASPA members are committed to:
1. Enhance organizational capacity for open communication, creativity, and dedication.
2. Subordinate institutional loyalties to the public good. 3. Establish procedures that promote ethical behavior and hold individuals
and organizations accountable for their conduct. 4. Provide organization members with an administrative means for dissent,
assurance of due process and safeguards against reprisal. 5. Promote merit principles that protect against arbitrary and capricious
actions. 6. Promote organizational accountability through appropriate controls and
procedures. 7. Encourage organizations to adopt, distribute, and periodically review a
code of ethics as a living document.
V. Strive for Professional Excellence Strengthen individual capabilities and encourage the professional development of others. ASPA members are committed to:
1. Provide support and encouragement to upgrade competence. 2. Accept as a personal duty the responsibility to keep up to date on
emerging issues and potential problems. 3. Encourage others, throughout their careers, to participate in professional
activities and associations. 4. Allocate time to meet with students and provide a bridge between
classroom studies and the realities of public service.