Ethics

CAN WE SUPPORT A POLITICAL ACTION COMMITTEE?

Q. Our state association is discussing whether to set up a political action committee (PAC). Can ICMA members contribute to the PAC? The primary purpose of this PAC is to promote issues of importance to local governments and to our members. We want to be able to provide financial support for media campaigns that support our positions. Are there any ethical concerns for ICMA members regarding such a PAC?

A. ICMA members may make contributions to PACs as long as the purpose of the PAC is to support causes, not candidates. California, for example, formed a PAC to advocate a statewide ballot initiative that was supported by the League of California Cities (see the September 2005 PM article, "California Pushes the Envelope on Advocacy").

Advocating for local governments and for the profession is consistent with principles in Tenet 5 regarding the member's responsibility to "uphold and implement local government policies adopted by elected officials" and with the Tenet 7 guidelines on council-manager-plan elections and the presentation of issues. All advocacy activities should be conducted within local regulations, according to state laws, and in a professional manner.

RAISING FUNDS FOR THE YMCA

Q. The chair of the YMCA asked the county manager if she would join him on his visits to local businesses to solicit funds for a new facility. The chair wants the county manager to accompany him because most of the businesses do work for the city. What are the ethical considerations the county manager should consider in deciding whether or not to help the YMCA with this fund-raising project?

A. The first and most important consideration for the county manager is to evaluate the potential for a conflict of interest. Does the manager believe that any of these businesses may come before the county government for an action or a decision in the near future? The ICMA Code of Ethics focuses on the importance of avoiding any impression that a business might believe it could receive a favor from the local government manager in exchange for a gift.

In June 2006, the ICMA Committee on Professional Conduct discussed a variety of issues related to the manager's role in fundraising and agreed that certain principles should be followed when engaging in fundraising:

Transparency. The manager's role should be disclosed openly and completely. If the manager is raising funds for a community event, the amount and sources of contributions should be reported regularly.
Support from the governing body. If the governing body wants the city or county manager to raise funds on behalf of the community, the governing body should pass a resolution that documents its endorsement of the cause.
Clear purpose. The public, professional, or community benefit should be clear.

Many local government managers choose to serve in an advisory role rather than make direct solicitations for donations. They may provide a fund-raising committee with a list of donors as well as suggestions on how that committee might be effective.

ICMA members are reminded to be careful that their enthusiasm for a ballot measure or a cause not be interpreted as pressuring employees to make a donation. When employees make financial contributions to a cause that is supported by the local government, the donation should be by check, bank draft, or payroll deduction.

In general, ICMA members are advised not to solicit funds if they feel uncomfortable about it.

For advice on the ICMA Code of Ethics, or to find out more on ethics training and technical assistance available to local governments, call the Ethics Center at ICMA at 202/962-3521, or visit the Web site at http://icma.org/ethics. Calls or e-mails can also be directed to ICMA’s ethics advisers Martha Perego, 202/962-3668, mperego@icma.org, and Elizabeth Kellar, 202/962-3611, ekellar@icma.org.

Learn about the benefits of joining ICMA and receiving PM magazine as part of your benefits package at http://icma.org/join. To subscribe to PM, call 202/289-ICMA (202/289-4262) or e-mail bookstoremanager@icma.org.