November is the height of all things fall and giving thanks for our family and friends. For our profession in the United States, the month also means local, state, and federal elections. This can bring different personalities to leadership positions that results in member questions about the profession’s commitment to political neutrality and how to forge effective working relationships with these individuals.
Members have asked me these questions about Tenet 7. My answers follow that are based on the ICMA Code of Ethics. Note: I edited identifying information to honor the conversation’s confidentiality.
Is it okay to financially contribute to a nonprofit, nonpartisan organization in my state? Could I be part of this nonprofit’s organizing effort?
Donating. In these times, it is extremely difficult to have nonbiased information in local government campaigns, and this seems like a great instrument for doing so. Tenet 7’s guideline on personal advocacy states that you can be involved in issues of personal interest as long as it does not conflict with your job responsibilities. On the surface, I think it is fine to donate. I’m sure their list of funders will be made public so you should consider whether this is something you should disclose to council.
Can you assist in organizing it? Yes, with caveats. An organization whose mission is to provide accurate, nonpartisan election information with a commitment to democracy should not be considered controversial, but some elected officials and community members may mistakenly interpret your involvement through a political lens.
Consider whether voicing your personal and financial support could affect your ability to be effective in your role. Are you the convener who brings together disparate interests in your community? The moderator? Viewed as an objective voice in the community? While the cause does not seem to be aligned with a particular political party, what is the perception? Finally, tone and respect matter enormously here—both your own and that of the those associated with the organization.
I would like to wear an LGTBQ pin and display an “Everyone Welcome” sign in a local government facility. Would these activities be considered political?
In your circumstance, your governing body adopted a Pride month resolution and the local government’s personnel policy says that the organization is accepting and encouraging of all. Since the governing body has adopted statements of support, you have responsibility for policy implementation since they are the council’s view, not your own personal opinions, on the matters at hand.
Additional information that wasn’t included in my response to the member:
Remember that balancing political neutrality with personal advocacy is always challenging! Members never need to face this one on their own. For example, several practitioners tackled this issue in a recent, free webinar for members and provided a resource list on this topic: icma.org/page/advocacy-issues-personal-interest. These resources included a link for an ICMA project several years ago that culminated in its participants writing an article that laid out several questions to consider before engaging on issues of personal interest: icma.org/articles/pm-magazine/what-if-i-want-march.
I have a friend who is running for a local governing body in a different community from the one where I am the manager. I stay out of any politics, but I have been invited to gatherings for them and would like to attend. Since this does not involve my organization, can I?
If the candidates are hosting gatherings, even though they are not in the community you manage, you should not attend or contribute to their campaigns. The gatherings are likely fundraising events and that compromises your political neutrality even if they are nonpartisan races. Your councilmembers or residents may hold different viewpoints and that could cause trouble for you.
The Chamber of Commerce will be hosting a candidates forum for the five candidates for the local governing body. Three of the five are incumbents and they are running for three at-large seats. This is the organization’s first election since I became manager. Is it okay for me to attend the forum?
If I did, I would stand at the back of the room just as an observer and would not participate in any way. I want to get a sense of where policy direction might go if there is a change in the governing body, and this will be the only forum since it is not available online.
It is okay to attend in-person. Your approach of keeping a low profile by sitting at the back of the room is spot on so you learn what the council candidates are discussing without highlighting your presence.
I have a former governing body member that has decided to fill a vacant county commission seat in a district that covers our community and the surrounding area. This seat will be filled by appointment to serve out the remaining term of the former elected commissioner. As part of the appointment process, the candidate needs to submit letters of recommendation, and they asked me to write one. I am unaware of any other potential candidates for the position. Also, the appointment must be from the same party as the original elected member.
You should not write a letter of recommendation for this elected office candidate, even if it is filled by appointment. You should explain that your commitment to political neutrality prevents you from doing so. If a member of your governing body, employees, or residents disagree with positions/policies of this candidate (and there will likely be at least a few), it puts you in a very difficult situation.
I have been asked to speak at a women’s health event that our local federal elected official is organizing. My governing body is divided along political lines so I am concerned this could be viewed as political.
You wouldn’t think a woman’s health event would be controversial or political. These are the times we live in, and your instinct is right to decline given the composition on your governing body and that the invitation to speak is coming directly from a congressional office. Local government management jobs are hard enough that you do not need this to be any fodder for your community or governing body.
As I was preparing to send a letter to the state municipal league to alert them of federal cybersecurity funding/resources being cut and the impacts on the community I manage, it occurred to me that perhaps this may be interpreted as me engaging in political activities. To be clear, this communication is meant to alert our professional associations of the impact of the loss of these resources and to ask them, as our advocates, to work to restore this important funding. What do you think?
Your letters addressed to your state municipal league are both factual and professional. The letters are fine to send as-is with the caveat that your governing body is supportive of the organization’s efforts because you would not want to land in hot water. You may have done so already, but I advise you to provide notice to your governing body since you are sending them to the state league. I will explain a few areas that would require you to do some further assessment:
- If you wrote these letters in your capacity as manager directly to federal representatives without your governing body adopting a resolution to ask you to do so or otherwise informing them. The difference here is they are going to the league as a professional association. My recommendation is to have the league advocate for local government needs so one community is not feeling any direct effects from those efforts.
- If the letters were your own personal opinions because these are clear impacts on the community you manage.
- If you have a very divided governing body on this and other federal spending issues, it may not be wise or good timing to write these letters.
One of the benefits of your ICMA membership is free, confidential ethics advice.
Have a conversation with me (jcowles@icma.org) to ask before you act. Don’t go at it alone. Keep the questions coming!
JESSICA COWLES is ethics director at ICMA (jcowles@icma.org).
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