Beyond Legal Ethics(a sample presentation)

Dr. Thomas Gardner

“Government is a trust, and the officers of the government are trustees; and both the trust and the trustees are created for the benefit of the people”

Henry Clay

Executive Responsibility

1) Technological, knowledgeable competency.

2) That which determines the quality of actions – moral leadership.

Chester Barnard - 1938

“Nothing is more important to public administrators than the public’s opinion about their honesty, truthfulness, and personal integrity. It overshadows competence as the premier value sought in their public officials and employees.”

ASPA

“Ethics”- Working Definition

• Ethics involves thinking systematically about morals and conduct and making judgments about right and wrong

• Ethical behavior involves two steps: Informed, systematic reasoning followed by action.

C. W. Lewis

Are There Universal Values?

What is the difference between ethics and morality?

“When government officials talk about ethics they, usually mean - have you violated our rule or policy”

James A. Joseph – Civil rights leader

Three Roads to Ethical Behavior

• The “Low Road” of compliance– Obey the rules, keep out of trouble

• The “High Road” of integrity– Relying on moral standards

• The “Fusion Route” of adaptation– Seeking a moderate path of compromise

What road do we want our public servants to take?

Common Ethical Standards

• Results based judgment– The outcome is efficient - economic– The outcome is legal/ process compliant– The outcome is what supervisor requested

• Decisions according to duty & principle– Religion: thou shall not…– A morally prescribed outcome

Is there a difference between public and private ethics?

Conflicting Action and Responsibility

• Political responsibility: action that is governed by democratic principles: openness accountability.

• Professional Responsibility: actions informed by expertise, history and traditions.

• Personal Responsibilities: actions informed by self reflection, personal commitment, and moral upbringing.

Guidelines: Code of Ethics

• U.S. • ASPA • ICMA• Department of Consumer Affairs• APWA

What Are Some of the Key Elements to an Ethical Code?

The Spirit of Service

• Reconcile power with service• Focus on responsibilities not rights• Emphasize values-based service• Make a commitment to personal

service• Understand the need of the people you

wish to serve

Gandhi

Public Accountability

• Protecting the public’s record– Record decisions– Record transactions

• Disclosing information– Creating an open process

Insert Industry Specific Ethics

(I.e engineering code of ethics)

What are some common ethical traps?

Why Do We Fail ?

Example: • We don’t know enough or see enough

choices to make a good choice

• We fail to find a way to be ethical in the face of other obligations

• We don’t practice enough to act with confidence

For example: can we clearly define the concept of fairness?

For example: can we clearly define the difference between a public and private act?

The Standard of Conduct• The essential quality: courage• Commit to absolute values• Commit to the journey• Commit to training your

conscience• Commit to reducing attachments• Commit to minimizing secrecy

Gandhi

“The essential moral qualities of the ethical public servant include optimism, the faith that they can be improved, and the courage to act on that faith.”

S. R. Bailey

1964