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9/28/2021
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Shwanda Barnette, J.D.Florida League of Cities
Ethics in the WorkplaceFACC Fall AcademyThursday, October 21, 2021
Agenda
Opening Moves
What Ethics Is Not
So, What is Ethics
Making Ethical Decisions
Ethical Principles Exercise
Contributing to a Culture of Ethics
Concluding Thoughts on Ethical Decision-making…
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Opening Moves
Opening Moves-Expectations
This will be a mutually beneficial learning opportunity
You will spend just as much time teaching and learning from each other as you will listening to me
Feel free to ask questions for clarification at any point along the way by raising your hand, and there will also be designated time for Q&A at the end
What you give is what you get
Opening Moves-Ground Rules
Introduce yourself before working with your small group
Make sure everyone in the group has equal opportunities for “air-time”
Display grace and kindness to all participants
Commit to staying engaged
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Opening Moves – Who am I?
My Background: Lawyer Educator DC.gov FLCU
Instructional Philosophy: Philosophical Inquiry (PI)
Enhanced Social Inclusion Active Participation in the Learning
Process Deepen understanding by transforming
what is learned into daily practice and problem solving
What we are gaining through this collaborative experience
Opening Moves – Who are you?
Name?
Municipality?
What makes you a great fit for your role?
What do you love the most about your career?
Opening Moves - Breakout
Remember to spend time getting to know each other before we dive into these discussions.
NameMunicipalityWhat makes you a great fit for the Clerk’s Office What do you love the most about your job
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What Ethics is Not
What Ethics is Not…
Simply following the ethics laws/rules.
There are actions that are lawful but not ethical
There are actions that are ethical that may violate the law
Some actions, if not for the law, would be perfectly acceptable
Some actions may be ethically required but are illegal
Ethics is Not…
Abstract and irrelevant to real-world practice
Just a matter of personal preference
About what is best for me
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Breakout!
Think of a time in your life when you had to make a difficult decision to choose the “right thing” over what seemed most beneficial to you. What considerations or factors went into the decision you made to do what was right?
So What Is Ethics?
So…What is Ethics?
“moral principles for living and making decisions.”Larry Z. Leslie (2004) Mass Communication Ethics: Decision making in postmodern culture, 2nd edition. Boston: Houghton Mifflin, 6.
“the study of what we ought to do.”A. David Gordon and John Michael Kittross (1999) Controversies in Media Ethics, 2nd edition. New York: Longman, 1.
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Workplace Ethics
Focused on the elements of the workplace culture and applying ethics to each aspect
Every employee contributes to the workplace culture
Workplace Ethics definition: create and foster a workplace in which employees are honest and do the right thing in each situation (Small Business Chronicle)
Roles in Workplace Ethics
Senior Management: policies and enforcement
Supervisors: leadership, education, awareness, reinforcement, reporting
Employees: understanding, application, communicating questions, concerns and issues
Responsibilities
Think before you act: How does this decision affect the
municipality? How does this decision affect me,
personally?
Consider the impact of your decisions on all involved
Hold yourself and others accountable to be good stewards of the municipality's resources
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An Ethical Workplace Is…
A safe and healthy work environment To maintain an ethical workplace,
employees must feel:
Physical safety (Safe space)
Emotional safety (Respect; regard for well-being)
Career safety (Opportunities for development)
Employees are more likely to engage in unethical
behavior when they don’t feel safe!
Breakout!
What are some ways you see the following elements of staff safety demonstrated within your municipality:
Physical safety (Actual safe space)Emotional safety (Respect; regard for well-being)Career safety (Opportunities for development)
Know the rules!
Florida’s Ethics Law: FL Constitution established several state statutes, as well as the Commission on Ethics
Chapter 112 – FL Ethics Law
Chapter 119 – Open Records
Chapter 286 – Open Meetings
Your city’s ordinances (and some charter counties have them, also)
Your municipality is depending on you to be the expert!
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Making Ethical Decisions
How our life experiences shape our decision-making
Most of us, who have chosen a life in public service, want to do “the right thing”
Most public servants that find themselves in ethical trouble get there unintentionally
How we determine right and wrong is largely shaped by society, but also by our personal life experiences
So how do we develop a shared sense of what is right and wrong in our
municipalities?
How do values guide us?
What are values? Whatever it is that we value
Our individual values are important to consider
The collective values should be clearly defined
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How do values guide us?
How do we clearly define “values” in the workplace?
Codes of Conduct help to define our values
Department Heads set the tone for understanding our values
Supervisors help to enforce the collective values
Staff members “buy-in” to uphold our values
Breakout!
What is your definition of a “Public Servant?”
What are their traits/characteristics?
The Decisions of Public Servants
Not only what we value personally, but the values that are associated with our roles as public servants should guide our decision-making
We must consider: The values of our constituents/community
The “collective good” for which we bear special responsibility
Applying relevant values to the facts of a situation
Using one or more tested ethical principles to the decision
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Ethical Decisions: More than the Law
When in doubt about whether a potential decision is ethical or not, consider consulting your attorney.
But also, consult your inner ethical compass. Most people will be able to identify situations that at least raise a red flag.
If a violation occurs, don’t try to cover it up. The ethical problem may go from bad to worse.
Break Time –Please Be Back in 10 Minutes!
Ethical Principles Exercise…
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Ethical Principle #1
Do that which you can justify and for which you are willing to take complete responsibility.
--Jean-Paul Sartre
Ethical Principle #1
Scenario: You have an old, wealthy and powerful friend in town.
Your adult child just graduated from a local university and is
looking for their first career job. Your friend calls you to “catch
up” and congratulate you on recently becoming the Town Clerk.
After casual conversation about your child’s recent graduation
festivities, your friend offers to personally give your child a job
starting the following Monday.
What do you say/do?
Analysis: ??? Decision: ???
Ethical Principle #2
Do that which you would want every person to do, as if required by law.
--Immanuel Kant
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Ethical Principle #2
Scenario: You’ve noticed a department head and one of her
employees leaving the office at the same time, daily. They seem
to be flirty based on conversations you witnessed; and you ran
into them downtown, holding hands, this past weekend. In
casual conversation with HR Staff, you learn that this department
head just requested a promotion for this subordinate, to move up
to a job for which the employee is not qualified.
What do you say/do?
Analysis: ??? Decision: ???
Ethical Principle #3
Imagine that you do not know anything about “who” you are in the society in which the results of your decision are to be experienced. What decision would you choose?
--John Rawls
Ethical Principle #3
Scenario: Many residents are in an uproar about a recent racial incident
involving your village police officers. Your village does not have a known
history of racial violence, and the clerk’s office has a very diverse staff.
You notice tensions rising between staff members who have strong
opinions on both sides, and from your office, one morning you overhear
one of your staff members say to an elderly resident at the counter, “We
had less issues in this village, when we had less of “them” here.”
What do you do in that moment? Moving forward?
Analysis: ??? Decision: ???
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Ethical Principle #4
Do the greatest good for the greatest number [of people], while doing the least harm, possible.
--John Stuart Mill
Ethical Principle #4
Scenario: A well-respected developer proposes a major
revitalization project for a blighted area in your city. Many
residents are excited to see this area finally improve for the better.
However, in order to implement the project, your city will need to
exercise their lawful right to eminent domain. The residents of the
blighted area are unified in their opposition to losing their homes.
How should city leaders address this?
Analysis: ??? Decision: ???
Ethical Principle #5
Ethics is knowing the difference between what you have a right to do, and what is right to do.
--Potter Stewart
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Ethical Principle #5
Scenario: Your friend Mike and his girlfriend, who also works for
your city, recently broke up. He suspects that she was not only
unfaithful but that she lied to him about many things. Mike works
in the mailroom and knows that you have access to the
database that maintains all personnel information for employees,
most of which is public record. Mike asks you to look up any
helpful information you can find about his ex.
What do you do?
Analysis: ??? Decision: ???
Break Time –Please Be Back in 10 Minutes!
Contributing to a Culture of Ethics
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How can you contribute to a “Culture of Ethics” in your municipality?
Every day you are faced with decisions that have the potential to create ethical dilemmas
A few guiding thoughts may help you avoid unethical behavior and contribute to a “Culture of Ethics”
How does it feel?
If I think it “feels” wrong, it probably is.
Do not ignore that feeling and get yourself into a situation that you will likely regret. Even if you do not know whether there is an explicit rule against it, or not, trust your inner moral compass. If it doesn’t feel right, stop and pursue further guidance.
Too Good to be True?
If it feels too good to be true, it probably is.
Most people who give you something or do something for you that feels too good to be true will eventually want or expect something in return. It’s best to avoid this by not accepting whatever goods or services are being offered if it feels too good to be true.
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What’s Your Price?
If this will create a sense of obligation, I should decline.
Can you honestly say that you can accept a gift from someone without it influencing you in some way or another? People don’t typically give elected officials or government employees gifts just because they like them, but because they want something.It is to create a sense of obligation for present or future gain.
Breakout!
What are some examples of gifts that may seem small or innocent but could possibly create a sense of obligation in elected officials or staff. Try to list 3-5 examples.
Break Time –Please Be Back in 10 Minutes!
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Concluding Thoughts…
Breakout!
What is one thing you will take away from today’s session?
State one thing you can commit to doing that will contribute to a “culture of ethics” in your municipality?
Key Takeaways
Ethics - not simply following the ethics laws/rules
Ethics - about making the right decisions, every day for the collective good
Holding yourself and others accountable to uphold the values of your municipality is key
Your municipality is depending on you to be the expert
Every staff member contributes to the culture of ethics
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