Selecting a chief administrator is perhaps the most important decision elected officials will make for their community.  Members may assist a community in the process by serving as an executive recruiter in a consulting capacity, as a volunteer advisor to the process, or a member of the search committee as long as they can be fair and impartial and will not be a candidate for the position. The following advice is offered to help members navigate this issue:  

1. Members can volunteer their time to serve as an advisor to the process or as part of a search committee as long as they will not be a candidate for the position.  
2. In an advisory capacity, members may help the governing body identify the preferred attributes and skills of the next manager; write the job description and job advertisement; outline the process; develop the schedule; make recommendations about the interview questions and process; review resumes; and evaluate candidates.  Members have an ethical obligation not to rank candidates and should not recommend candidates.     
3. Because the selection of the manager is uniquely the governing body’s responsibility, members should be careful about influencing the selection of a candidate. To that end, members should avoid participating in the interview with the governing body as well as governing body sessions where decisions are made about finalists and the final candidate. 
4. Members who provide this service on a consulting basis should follow the guideline on private employment.
5. If a member who is serving as a consultant or in an advisory capacity is offered the position or decides to apply for the position, he or she should immediately withdraw as an advisor and the position should be re-advertised. In this way, any appearance of improper influence is avoided.
6. Members may respond to inquiries from elected officials by providing professional advice, but a member should not seek out officials to offer their commentary on a candidate’s qualifications for the position.

Applicable Tenets and Guidelines

Tenet 3.  Demonstrate by word and action the highest standards of ethical conduct and integrity in all public, professional, and personal relationships in order that the member may merit the trust and respect of the elected and appointed officials, employees, and the public.

Guideline on Public Confidence.  Members should conduct themselves so as to maintain public confidence in their position and profession, the integrity of their local government, and in their responsibility to uphold the public trust.

Guideline on Conflicting Roles.  Members who serve multiple roles—either within the local government organization or externally—should avoid participating in matters that create either a conflict of interest or the perception of one. They should disclose any potential conflict to the governing body so that it can be managed appropriately.

Tenet 12.  Public office is a public trust.  A member shall not leverage his or her position for personal gain or benefit.

Guideline on Private Employment.  Members should not engage in, solicit, negotiate for, or promise to accept private employment, nor should they render services for private interests or conduct a private business when such employment, service, or business creates a conflict with or impairs the proper discharge of their official duties.

Teaching, lecturing, writing, or consulting are typical activities that may not involve conflict of interest, or impair the proper discharge of their official duties. Prior notification of the appointing authority is appropriate in all cases of outside employment.

Guideline on Representation.  Members should not represent any outside interest before any agency, whether public or private, except with the authorization of or at the direction of the appointing authority they serve.

PM Magazine Article

• Pay Attention to Ethics in the Hiring Process (May 2018)