The formal review of the ICMA Code of Ethics, launched in 2013 with Tenet 7, continues this year with a focus on Tenet 12. Tenet 12 requires members to:

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“Seek no favor; believe that personal aggrandizement or profit secured by confidential information or by misuse of public time is dishonest.”

Why focus on Tenet 12?

This Tenet covers a broad range of common issues that are significant for professionals working in local government: gifts, conflicts of interest, personal relationships, use of confidential information, outside employment, and endorsements. Because professionals encounter these issues on a regular basis, and they can be complicated to address, this Tenet and the guidelines generate many requests to ICMA for ethics advice.

There has been no major review or revision of the Tenet and guidelines since initially drafted in 1972. Some of the language, notably in the endorsement guidelines, is quite dated and the use of social media among professionals can create ambiguities in interpreting Tenet 12. For all of these reasons, Tenet 12 was selected by the ICMA Committee on Professional Conduct as this year’s tenet for review. 

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Tenet 12 of the ICMA Code of Ethics

 

Seek no favor; believe that personal aggrandizement or profit secured by confidential information or by misuse of public time is dishonest.

 

Guidelines

Gifts.  Members should not directly or indirectly solicit any gift or accept or receive any gift--whether it be money, services, loan, travel, entertainment, hospitality, promise, or any other form--under the following circumstances:  (1) it could be reasonably inferred or expected that the gift was intended to influence them in the performance of their official duties; or (2) the gift was intended to serve as a reward for any official action on their part.

 

It is important that the prohibition of unsolicited gifts be limited to circumstances related to improper influence.  In de minimus situations, such as meal checks, some modest maximum dollar value should be determined by the member as a guideline.  The guideline is not intended to isolate members from normal social practices where gifts among friends, associates, and relatives are appropriate for certain occasions.

 

Investments in Conflict with Official Duties.  Member should not invest or hold any investment, directly or indirectly, in any financial business, commercial, or other private transaction that creates a conflict with their official duties.

 

In the case of real estate, the potential use of confidential information and knowledge to further a member's personal interest requires special consideration.  This guideline recognizes that members' official actions and decisions can be influenced if there is a conflict with personal investments.  Purchases and sales which might be interpreted as speculation for quick profit ought to be avoided (see the guideline on "Confidential Information"). 

 

Because personal investments may prejudice or may appear to influence official actions and decisions, members may, in concert with their governing body, provide for disclosure of such investments prior to accepting their position as local government administrator or prior to any official action by the governing body that may affect such investments.

 

Personal Relationships.  Member should disclose any personal relationship to the governing body in any instance where there could be the appearance of a conflict of interest.  For example, if the manager's spouse works for a developer doing business with the local government, that fact should be disclosed.

 

Confidential Information.  Members should not disclose to others, or use to further their personal interest, confidential information acquired by them in the course of their official duties.

 

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.

 

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.

 

Endorsements.  Members should not endorse commercial products or services by agreeing to use their photograph, endorsement, or quotation in paid or other commercial advertisements, whether or not for compensation.  Members may, however, agree to endorse the following, provided they do not receive any compensation:  (1) books or other publications; (2) professional development or educational services provided by nonprofit membership organizations or recognized educational institutions; (3) products and/or services in which the local government has a direct economic interest.

 

Members' observations, opinions, and analyses of commercial products used or tested by their local governments are appropriate and useful to the profession when included as part of professional articles and reports.

 

 

 

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