50 Shades of Grey:Examining Ethical Behaviour

presentation to AMCTO 2017 Conference, C. Richard Tindal, Ph.D

An Ethical Guide 1

Why Is Ethical Behaviour Grey?

• Law requires obedience to the enforceable

• Ethics requires obedience to the unenforceable

An Ethical Guide 2

Legal Versus Ethical Behaviour

Entitlements

Geography

Romance

An Ethical Guide 3

The Personal Factor

An Ethical Guide 4

Eunuch from Mars

Completely objective

How Objective Would You Be If?

• Close friend or long time enemy

• Just engaged to your favourite cousin or just broke that engagement

• Holds views you find admirable or repugnant

An Ethical Guide 5

Multiple & Conflicting Guidelines

• Employer code of conduct

• Code of professional association

• Personal code

An Ethical Guide 6

Case for Written Rules

• Clarity

• Commitment

• Criteria

An Ethical Guide 7

Limits to Written Rules

• Tend to focus on negatives

• “To define is to confine”

An Ethical Guide 8

Rules of Employer

• No outside employment

• Use of municipal property

• Gifts

• Confidentiality

• Not using position to advance oneself

• No improper political activity or lobbying

An Ethical Guide 9

What Is Your Experience?

• How many covered by employer code?

• What subjects most problematic?

• How can problems best be resolved?

An Ethical Guide 10

Food for Thought

• Treated to lunch, within $ limit

–Regular outing, with friend, take turns $

–One time outing, with potential client

• If not $, what other code issues arise?

An Ethical Guide 11

Code as “Ethical Art”

• Signs pointing in right direction are just artwork without enforcement mechanisms

An Ethical Guide 12

A Virtuous Circle

An Ethical Guide 13

Not Just Rules,but Organization’s Values

• Importance of values highlighted by Peters and Waterman

• Do these values emphasize ethical behaviour?

–Not in the Canadian Senate of recent years

An Ethical Guide 14

Instilling an Ethical Culture

• Spell out, emphasize, and review values

• Consider values in hiring & evaluating

• Reflect values in decisions made

–Vancouver

• Promote employee sensitivity to values

–Measuring your ELQ

An Ethical Guide 15

What Is Your ELQ?

• You need 10 points to pass this test

• 1. Do you follow the law? (1 point)

• 2. Do you follow your organization’s code? (1)

• 3. Do you follow the Golden Rule (1)

• 4. Do you teach ethics every day to those with whom you work? (7)

• Bob Stone, How High Is Your ELQ?, July 30, 2008, available at

http://www.governing.com/columns/mgmt-insights/How-High-Is-Your.html

An Ethical Guide 16

Rules of Professional Association

• What are AMCTO’s 3 broad principles?

• Service to the municipal profession (PIT)

• Support to members of council

• Service to the community

An Ethical Guide 17

Applying AMCTO Principles:Support to council members

• Objective, neutral, merit-based public service

• What if you know what council wants to hear?

• What if council is clear on what it wants to hear?

• Speaking truth to power versus keeping out of trouble – or are you?

• Municipal Monitor 4th Q, 2016

An Ethical Guide 18

Council-Staff Guidelines

• Bill 68 requires policy on c-s relations

• Any without that policy yet?

• Org structure & values affect c-s relations

• Key topics:

– Staff role providing info & advice

–Council role in policy implementation

An Ethical Guide 19

Applying AMCTO Principles:Engaging Community

• E & E service delivery, engage community in decision-making, protect legacy

• Do you incorporate community feedback in your recommendations? Pros/Cons?

• How far do you go in assessing conflicting views and seeking common ground?

• How far do you go in protecting legacy?

An Ethical Guide 20

Your Personal Code:Applying Your Sniff Test - 1

• If you have doubts, don’t

• If you hope no one will notice, don’t

An Ethical Guide 21

Applying Your Sniff Test - 2

• If you are trying to rationalize it, don’t

• If your inner voice won’t be quiet, don’t

An Ethical Guide 22

Triple Protection

An Ethical Guide 23

The Case for Ethical Behaviour

• It is the right thing to do

• Maintains public confidence in LG

• Best defence against over-zealous province

– Provincial presumption of LG deficiencies

– Increased accountability in Bill 68

– Expanded role for Integrity Commissioners

An Ethical Guide 24