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Gift.Horse.Ch.1.pptxChapter One: The Great Society Gift Horse
Main Ethical Issue
Was it ethical for Township Supervisor Gamble, to let his moral aspirations obstruct his understanding and comprehension of the Comprehensive Employment Training Administration (C.E.T.A.) program and its ramifications?
Sub Issues
Is it ever ethical to act upon one's morals when it directly contradicts the law?
Was it right for the township supervisor to knowingly violate hiring laws if it meant protecting the public welfare?
Was it ethical for the police chief to obey his supervisor’s illegal request, even though they both had good intentions in mind, or should the police chief have chosen disobedience over illegality, regardless of the intent?
The Story
William Gamble is the elected Township Supervisor.
One of the main roads leading to the elementary school has no sidewalks, leaving the children to either walk in the street or on the grass.
This places the children in potential danger.
Gamble has two kids that attend the elementary school.
Gamble informally discussed his sidewalk proposal with the clerk and treasurer, and then formally discussed his proposal with the board and the homeowners.
The Story Continued
The proposal was rejected by the homeowners who did not want to pay for something they did not want.
One day, Gamble was approached by an official of the Labor Department’s Comprehensive Employment Training Administration (C.E.T.A.).
One of the core premises of the C.E.T.A. was for the government to train, develop, and hire the hard-core unemployed, so as to decrease the unemployment rate and also find job opportunities for the long-time unemployed and recently released convicts.
The Story Continued
The C.E.T.A. official told the supervisor that they would provide the township employees free of charge.
Gamble jumped at the idea because it would greatly reduce the cost of his proposal and appeal to more people.
The C.E.T.A. hiring process called for the township supervisor to interview the applicants and hire or reject the applicant.
If the applicant was rejected, the supervisor would have to give a precise reason as to why the applicant was rejected.
The Story Continued
The first applicant was a suitable candidate, but the second posed several problems for Gamble.
During the interview, Gamble inquired as to the reason of the applicant’s two-year employment gap.
The applicant said he was in prison.
Knowing that any further questions about his incarceration was prohibited and illegal, he asked “where?” and was told the name of the state maximum security prison, where he served.
The Story Continued
After the interview, the supervisor approached the police chief as his superior, explaining the situation and asking if he could access the records of ex-convicts.
The police chief initially said no, but ultimately left the room, intentionally leaving Gamble access to his computer.
Upon looking into the applicant’s criminal record, he found that is was a convicted child molester.
Gamble’s predicament worsened: He could reject the applicant and explain that he illegally discriminated against the applicant and illegally used public property, or he could hire the applicant, which could potentially endanger the children.
The Story Continued
Ultimately the supervisor scrapped the project, to prevent his illegal and unethical actions from coming to light.
The Domino Effect of the Main Issue
In recounting the supervisor’s actions, we understand that the supervisor’s ethical understanding is deteriorating.
Firstly, he places moral aspirations above ethics and common sense, when he does not inform the C.E.T.A. official of the township’s and project’s policies. As a result, poor background screening led to a conflict of interest during the hiring process.
Secondly, he willingly violated hiring laws by asking a discriminating question about the applicant’s criminal record. In turn, the led him to involve the police chief, again violating ethic codes, laws, and creating another conflict of interest.
Thirdly, the supervisor involved the police chief by asking and misusing his position and governmental property, to further delve into the applicant’s criminal record: advancing his personal interests and gains.
Stakeholders and Perspectives
| Stakeholders | Position/Description | Influential Factors | Proposal Perspectives Advocate/Oppose |
| William Gamble | Elected township supervisor | His children attend the school | Advocate |
| Police Chief | Township police chief | Subordinate of the township supervisor | Beyond the scope of knowledge |
| Township Clerk | Elected township board member | Discussed many previous and current issues with the supervisor informally | Advocate |
| C.E.T.A. Official | Official of Comprehensive Employment Training Administration | Hires and includes hard-core unemployed applicants | Advocate |
| Second Applicant | Hard-core unemployed candidate chosen by C.E.T.A. Official | Convicted child molester | Advocate |
| Homeowners | Homeowners with no children living on designated street | Sidewalks would decrease their property value Don’t want to pay for something they do not want | Oppose |
| Parents | Parents of said children whom attend the near-by school | Their children are in danger when they walk to school | Advocate |
Background Information of Expert
The expert I interviewed with was Sonya Walling.
Sonya Walling is a former graduate of the program.
Assistant to the Seminole City Manager.
Works with the city council.
Works on council agendas and special projects, providing recommendations for the council.
Is involved in the community driven project, Penny for Pinellas project.
Research Recommendations
With Sonya Walling’s knowledge, insight, and experience; I have developed several justified recommendations for each main constituent, based on the ethical codes and laws that I researched.
I will be using the following ethical codes and laws to justify my recommendation:
ICMA, the International City/County Management Association
Florida Commission on Ethics: Guide to the Sunshine Amendment and Code of Ethics
ASPA, American Society for Public Administration
Equal Employment Opportunity Commission (EEOC)
Tampa, Florida Code of Ordinances
ICMA, the International City/County Management Association
The ICMA provides basic ethical principles for public officials and officers to abide by, in order to achieve excellence in the public sector.
The main principles found in the case are as followed:
Tenet 10: “Resist any encroachment on professional responsibilities, believing the member should be free to carry out official policies without interference, and handle each problem without discrimination on the basis of principle and justice”.
Tenet 11: “Handle all matters of personnel on the basis of merit so that fairness and impartiality govern a member's decisions, pertaining to appointments, pay adjustments, promotions, and discipline”.
Tenet 12: “Public office is a public trust. A member shall not leverage his or her position for personal gain or benefit”.
The supervisor’s neglect of the ICMA’s principles resulted in an unethical and illegal activities, which in turn, undermined the public trust.
Florida Commission on Ethics: Guide to the Sunshine Amendment and Code of Ethics
The Guide to the Sunshine Amendment provides an explanation and overview of the Sunshine Amendment, found in the Florida Statutes.
The following sections of the Sunshine Amendment Guide helped devise a couple recommendations:
Section VI. Advisor Opinions.
Section VII. Complaints.
Both sections provide ethical options that the police chief should have taken, because no public official should ever engage in illegal actions.
ASPA, American Society for Public Administration
The ASPA Code of Ethics is a set of principles and standards that help to promote ethical practices within the government.
The following ASPA principles are prevalent within the case:
Principle 2. Uphold the Constitution and the Law.
Explains that we need to respect, support, and abide by governmental laws.
Principle 4. Strengthen social equity.
Explains that we should treat others fairly, equally, and without discrimination or bias.
Principle 5. Fully Inform and Advise.
Explains that we must be transparent, providing detailed information and advice to others.
Principle 6. Demonstrate personal integrity.
Adhere to the highest standards of conduct to inspire public confidence and trust in public service.
Although several characters violated these principles, it was the supervisor’s and C.E.T.A. official’s neglect of Principle 5. If they had fully informed each other of the project and its ramifications, then; the situation could have possibly been adverted.
Equal Employment Opportunity Commission (EEOC)
The EEOC enforces federal laws that prohibit the discrimination of an applicant during the hiring process.
The EEOC serves as a reference to the illegal and discriminatory hiring practices of the township supervisor.
According to the EEOC, “Federal EEO laws do prohibit employers from discriminating when they use criminal history information. Using criminal history information to make employment decisions may violate Title VII of the Civil Rights Act of 1964, as amended (Title VII)” (EEOC).
This relates to the case, because not only did the township supervisor directly violate EEOC hiring laws, but the result of his discriminatory curiosity led him to engage in other illegal and unethical actions.
Tampa, Florida Code of Ordinances
The Code of Ordinances is a set of guiding ethical principles, whose intent is to promote excellence and proper ethical practices within the government.
Three sections under Division 3- Misuse of Position and Property of the Code relate to this case:
Sec. 2-540. - Use of public property. This section states that public employees are prohibited from using public property for self gain.
Sec. 2-543. - Use of confidential information. This section says that no official or employee shall use confidential information to leverage personal interests.
Sec. 2-545. - Misuse of position. This expresses that it is unlawful for an officer or employee of the government to coerce or use their held position for any reason other than for professional responsibilities.
These sections relate to the case, because in meeting with the police chief, the township supervisor violated all three of the ordinances.
Discussion Of Main Issue
We discussed in depth, what C.E.T.A. is and its operating procedures, and how both C.E.T.A. and the township supervisor are responsible.
Sonya helped me understand that both parties had failed to understand and comprehend the project, because they were both trying to promote their own agendas.
The supervisor should have clearly understood and explained the township’s policies to the C.E.T.A. official, expressing that the project will be close to an elementary school. Rather than carefully explaining the situation, the supervisor adamantly agreed to the proposal, ecstatic that he found an agreeable way to build the sidewalks.
On the other hand, the C.E.T.A. official had also neglected to understand the project and the township’s policies. C.E.T.A. is responsible for providing a background screening when choosing its applicants, yet by not fully understanding that the project took place near a school, a convicted child molester was chosen as a potential applicant.
Discussion of Sub Issue: The Interview
We then analyzed the interview between the township supervisor and the second applicant.
We agreed that it is common practice to ask about an applicant’s employment gap or if they have ever been arrested and/or convicted.
What was unethical and illegal, however, was the supervisor further inquiring about the applicants criminal record. According to the Equal Employment Opportunity Commission (EEOC), “Federal law does not prohibit employers from asking about your criminal history. But, federal EEO laws do prohibit employers from discriminating when they use criminal history information. Using criminal history information to make employment decisions may violate Title VII of the Civil Rights Act of 1964, as amended (Title VII)” (EEOC).
Discussion of Sub Issue: The Interaction
We then discussed the interaction that took place between the police chief and the supervisor, addressing the ethicality and legality of the situation.
Under no circumstances did either party act ethically or lawfully.
The supervisor intentionally created a conflict of interest by approaching and coercing the police chief, while the police chief deliberately and unethically chose to be ignorant of the supervisor’s illegal misuse of his position and government property.
Main Ethical Issue Reminder
Whether or not, if it was ethical for the township supervisor to let his moral aspirations obstruct his understand and comprehension of the Comprehensive Employment Training Administration (C.E.T.A.) program and its ramifications?
Recommendation for Main Issue
The main ethical issue present in the case, was the failed understanding and miscommunication of the project’s policies, because both the C.E.T.A official and township supervisor focused more on their personal aspirations.
I would recommend that the C.E.T.A. official and the township supervisor hold a public meeting, in which the project’s policies and restrictions are clearly defined, preventing any misunderstandings as to the legal and ethical ramifications of the project.
Recommendation for Main Issue Continued
If both parties openly shared the facts of the project, then possibly, the C.E.T.A. official would have excluded the child molester from the applicant pool, knowing that the project took place near a school, preventing the issue from transpiring.
The practice of this conduct is found under Tenet 5, of the ICMA’s Code of Ethics, stating, “Submit policy proposals to elected officials; provide them with facts and advice on matters of policy as a basis for making decisions and setting community goals; and uphold and implement local government policies adopted by elected officials” (ICMA).
Restating the Sub Issues
Is it ever ethical to act upon one's morals when it directly contradicts the law?
Was it right for the township supervisor to knowingly violate hiring laws if it meant protecting the public welfare?
Was it ethical for the police chief to obey his supervisor’s illegal request, even though they both had good intentions in mind, or should the police chief have chosen disobedience over illegality, regardless of the intent?
Personal Recommendation
Ethics are universal, morals are personal: to act on one’s morals means to act on one’s personal interest.
Recommendations for the Interview
A public official should never act unethically or unlawfully, even if the intent is to protect the public welfare.
An employer has the right to ask if the applicant has been arrested or convicted, yet to make further inquiries, violates the Equal Employment Opportunity Commission (EEOC) laws.
Per the EEOC, “Federal law does not prohibit employers from asking about your criminal history. But, federal EEO laws do prohibit employers from discriminating when they use criminal history information” (EEOC).
Additionally, Principle 2- Uphold the Constitution and the Law of ASPA Code of Ethic’s states, “Respect and support government constitutions and laws, while seeking to improve laws and policies to promote the public good” (ASPA).
Recommendations for the Interview Continued
Referring back to the miscommunication between the C.E.T.A. official and the supervisor; if the details of the project were better understood, then the C.E.T.A. official would have most likely performed a background screening, removing any inappropriate candidates from the applicant pool.
As a recommendation for the hiring process, a better question to have asked rather than “Where?” would have been, “Would the reason you were in prison affect your position or create a conflict of interest?”
The latter question not only complies with the EEOC hiring laws, but could have also prevented the supervisor from involving the police chief and misusing government property and his position.
Center For Sex Offender Management Project
The project discusses the assessment of potential job placements for sex offenders.
The project asserts, that sex offenders should not be permitted to work in service industry jobs or in settings that may be near a school or playground (2002).
http://www.csom.org/pubs/timetowork.pdf
Recommendation for the Interaction
Many violations and breaches of ethical codes and laws took place during the interaction between the township supervisor and the police chief.
Even-so, this is a sub issue because it exemplifies the ethical deterioration of the supervisor, as a result of allowing his moral objectives to obscure ethical practices.
By involving the police chief, the supervisor has now become affiliated to supervisor’s unethical and illegal actions.
I would first recommend that the police chief confront the supervisor about disclosing his unethical and illegal actions.
If the supervisor refuses to disclose his actions, then I believe the next step would be, to approach the Florida Commission on Ethics with a hypothetical scenario and await for an advisory opinion.
As a last case recommendation, the police chief should file a complaint with the Florida Commission on Ethics.
Sony Walling explained that it is necessary to follow the chain of command.
Recommendation for the Interaction Continued
Under no circumstances is breaking the law ethical or permissible by a public official.
Although the police chief is a subordinate to the township supervisor, he should have chosen disobedience over ignorance and illegality.
The unlawful misuse of public property and position is explained:
Section 2-540 of Article VIII- City of Tampa Ethics Code explains how the use or knowledge of someone misusing public property is unlawfully, stating, “No official or employee shall request, use or permit the use of any publicly owned or publicly supplied property, vehicle, equipment, material, labor or service for the personal convenience or the private advantage of himself or of any other person” (Tampa, Florida Code of Ordinances).
Work Cited
ICMA Code of Ethics. ICMA, 2015. icma.org/en/icma/ethics/code_of_ethics.
"ARTICLE VIII. - CITY OF TAMPA ETHICS CODE." Tampa, Florida - Code of Ordinances, 2017. www.municode.com/library/fl/tampa/codes/code_of_ordinances?nodeId=COOR_CH2AD_ARTVIIICITAETCO_DIV2COIN.
"Code of Ethics." ASPA Code of Ethics, 2013. www.aspanet.org/ASPA/Code-of-Ethics/ASPA/Code-of-Ethics/Code-of-Ethics.aspx?hkey=5b8f046b-dcbd-416d-87cd-0b8fcfacb5e7
Work Cited Continued
“Time to Work: Managing the Employment of Sex Offenders Under Community Supervision.” Center For Sex Offender Management, 2002, pp. 3. www.csom.org/pubs/timetowork.pdf.
"Prohibited Practices." Pre-Employment Inquiries and Arrest & Conviction. U.S. Equal Employment Opportunity Commission. www.eeoc.gov/laws/practices/inquiries_arrest_conviction.cfm.
“Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees.” Florida Commission on Ethics, 2017, pp. 17&18. www.ethics.state.fl.us/Documents/Publications/GuideBookletInternet.pdf.
Thompson, William Norman., and James E. Leidlein. Ethics in city hall: discussion and analysis for public administration. Sudbury, MA: Jones and Bartlett, 2009, pp. 1-10.
