ICMA assists members with ethical dilemmas and enforces the ICMA Code of Ethics.

ICMA members adhere to the principles of the ICMA Code of Ethics as a condition of membership and agree to submit to a peer-to-peer review of their conduct under established enforcement procedures. ICMA invests significant resources in ethics education and enforcement activities. Martha Perego, ICMA's director of ethics, answers member inquiries, publicizes issues, and provides educational sessions about ethics. Members seeking advice about ethical dilemmas are encouraged to contact Martha Perego 202/962-3668 or via email at mperego@icma.org.

How the ICMA Ethics Process Works

ICMA members sometimes ask how the ethics enforcement process works. Here are some of the most common questions about the process.

Q.Does ICMA investigate every complaint it receives?

A. No. ICMA receives some ethics complaints that are groundless, and they are not pursued at all. Other complaints may raise a question about ethics, so ICMA will ask the member to respond to the ethics complaint. About half of the time it is clear from the member's response that there is no ethics issue, so no investigation is required.

Q.What happens if the member admits to a violation of the ICMA Code of Ethics?

A. If the member admits to a violation and no further information is desired by the Committee on Professional Conduct (CPC), the CPC will review the case and take appropriate action. States are not asked to provide a fact-finding report in a case like this, or if a member has entered a guilty plea, or has been found guilty and exhausted all appeals.

Q.What is the role of the state association?

A. In cases where the facts are not clear, the state association is asked to appoint three ICMA members to gather information about the ethics complaint. At least one member must be from the state where the complaint is alleged to have occurred.

Q.How long does the fact-finding committee have to complete its report?

A. The committee has 60 days to complete its report. However, sometimes it is not possible to conduct all of the necessary interviews or gather key documents in 60 days. In such cases, the fact-finding committee requests an extension to complete its report.

Q.How long does it take to resolve a typical case where a fact-finding report is required?

A. When everything works smoothly, the process can be completed in six months. It often takes a year, as respondents or fact-finding committees request more time to complete their submissions.

Q.What happens if a case involves a legal problem?

A. Since the ethics process is not a legal process, ICMA moves forward with an investigation whenever possible. Court cases are often a problem, however, because witnesses are reluctant to cooperate while legal proceedings are pending.

Q.The appeals process can take years. Is there anything ICMA can do if a member has been found guilty after trial by a judge or jury of criminal conduct?

A. Yes. The rules provide that the executive director can immediately issue a notice of suspension of membership, and the CPC may then commence an investigation.

Q.Does the CPC make all final decisions in ethics cases?

A. The CPC can make final decisions to dismiss a case or to issue a private censure. In cases where a public censure, expulsion, or membership bar is recommended, the ICMA Executive Board makes the final determination.

Q.How does the state association find out what happened in an ethics case?

A. Once the case has been concluded, the state president and the fact-finding committee shall be notified of its outcome. The state association is welcome to contact ICMA staff to check on the status of a pending case.

Q.Can ICMA disclose a private censure to the state association or to the member who filed a complaint?

A. Yes, it can. The Code of Ethics, however, requires members to maintain confidentiality. Members should not discuss or divulge information with anyone about pending or completed ethics cases, except as specifically authorized by the Rules of Procedure.

To learn more about ICMA's Ethics program, select from the menu at the top of this page.