The spring primary season and the run-up to the fall elections generated interesting ethical challenges for ICMA members. Here is advice on questions posed recently to ICMA’s ethics adviser.

 

 

Q: The contest for city council is pretty fierce. A resident contacted the city manager after receiving several mailers regarding one of the candidates. The mailers referenced a pending investigation into the candidate’s alleged violation of several city ordinances.

The resident, who notes that she is undecided and neutral so far, wants the city manager to provide her with the facts: Is there an investigation by the city? Did this candidate occupy a home without a permit? Was this candidate cited for violating city zoning laws?

What’s the most ethical course of action for the manager in this situation?

A: Part of any local government manager’s job is to respond to questions and provide information about the locality’s business. But it is not a staff function to research and analyze information generated by a third party—especially by candidates or political campaigns in the midst of an election—to determine if the information is factual.

While it’s nice that the resident has confidence in the manager’s objectivity, the manager should decline the request kindly noting that it is not an appropriate use of public resources (i.e., time) and suggest that the information may be available under a public records request for any resident to review and to draw conclusions.

Q: The director of the local chamber of commerce e-mailed the town manager to inform her that the governor was coming to town and asked if the town manager would please forward an attached invitation to a “meet and greet” sponsored by the chamber to the mayor and council. The message also asked the manager to please RSVP so that the chamber will know whom to expect.

The town manager replied that she would be happy to assist. It’s nothing out of the norm for the manager’s office to be the conduit for invitations extended to the governing body by various community or civic groups.

When the manager opened the invitation, however, she realized that this event, while held in a public venue, was advertised as an opportunity to support the governor’s reelection effort. The manager was uncomfortable even forwarding the e-mail, let alone asking who was planning on attending.

Is she right to be concerned about the propriety of this request?

A: Yes. The town manager should respectfully decline the chamber director’s request. Public resources should not be used to invite anyone to a political campaign event. And given the manager’s commitment to remain politically neutral, even the small act of sending along the invite could be construed as engaging in political activity.

Q: A local business owner is hosting one of the candidates for state legislature at an open house at his office. The invitation extended over the phone to the city manager promises that no donations will be asked for or accepted. It is purely an opportunity to meet the candidate and talk about issues.

Should the manager attend?

A: Since the event is for a candidate running for elected public office, the manager should decline the invitation. Even if it is not a fundraiser, this is a tactic in a larger effort designed to get that person elected.

Even appearing at a private meeting can create the appearance that the manager endorses or supports this candidate. Better to adopt a policy to attend only those events that are truly open to the public, do not require any donations, and/or are debates designed to inform.

In each case, members should seriously consider whether voicing their opinion will either conflict with the performance of official duties or make it difficult to do so. In the latter, it is not a reason to necessarily stand down but a valid point to consider.

Q: The local government has two critical bond measures on the ballot. One is to support additional funding for new schools and the other is for a new light-rail system to bolster economic development.

It is unfortunate timing because the debt imposed on taxpayers if both measures are approved would be pretty stiff. Hence, each measure has a fairly well-financed, vocal, and entrenched constituency. Plus, there are candidates running in the next election whose platform is based on their issue-centric position.

As the issues worked their way through the long process of development and public vetting, the county manager has reflected on more than one occasion that this is the quintessential ethical situation of “right versus right.” Each project aligns to the county’s values and strategic plan.

Each has merit, benefits a segment of the community, and is a valid use of local public funding. In advance of the voting, the county manager is seriously considering joining the advocacy effort on behalf of the light-rail project.

Would doing so violate his ethical commitment to the profession’s ethics?

A: Local government professionals do not lose their right to voice their opinion by virtue of the job. During the debate last year on the boundaries of political neutrality as expressed by Tenet 7 of the ICMA Code of Ethics, a guideline was added to clarify this point.

Tenet 7 calls members to refrain from all political activities that undermine public confidence in professional administrators. But on issues either related to their local government or of personal concern, members may voice their opinion and engage in advocacy efforts, including making a financial contribution to an issue-oriented political action committee or putting a bumper sticker on their personal vehicles.

In each case, members should seriously consider whether voicing their opinion will either conflict with the performance of official duties or make it difficult to do so. In the latter, it is not a reason to necessarily stand down but a valid point to consider.

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