Should Professional Associations Censure and Expel Members for Violating Their Code of Ethics?

4.11 Should Professional Associations Censure and Expel Members for Violating Their Code of Ethics?

Cases: 3.5, 5.8 Th e International City/County Management Association censures and expels mem-

bers every year as individual cases warrant. The ICMA’s code of ethics has long been recognized as a model code for encouraging ethical behavior in the public management profession. Yet, year after year, the ICMA finds that some members cross over the line and must be censured and even expelled from their organization. In 2007, The ICMA Committee on Professional Conduct reviewed twenty-four ethics complaints filed against ICMA members. The review resulted in:

◾ One membership bar—failure to keep a commitment when a former member reneged on his written commitment to his employer when he left the orga-

nization after serving for seven months to take a more financially lucrative position. ◾ Two public censures with membership bar—member pled guilty to six felony and misdemeanor charges of theft of public funds, receiving stolen prop- erty, unlawful use of a computer, and misappropriation of government prop- erty. The member used approximately $88,000 in public funds for personal expenses, including $4,905 in petty cash and $4,100 in fraudulently trans- ferred leave. Another member pled guilty to a charge of theft of public funds, falsified records, impugned the reputation of other public officials by falsely stating that they attended meetings with him at an adult entertainment club, and brought embarrassment to the community he served. ◾ Six public censures—a manager’s multiple arrests for driving under the influ- ence undermined the public’s trust in his work as a professional city manager.

A member pled no-contest to two misdemeanor charges of making terroristic threats. A manager pled guilty to a misdemeanor charge of voyeurism.

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◾ Eight private censures—a manager signed an invitation to a fundraising event for a candidate for statewide office and made a financial contribution to the campaign. A member made campaign contributions to a candidate running for state office in another state. A manager made a small campaign contribution and displayed yard signs in support of a mayoral candidate in the community where he resided. ◾ Seven closed cases.

Source: http://icma.org/main/bc.asp?bcid=75&hsid=1&ssid1=2530&ssid2=2 716 (accessed August 12, 2008).

Th e American Society for Public Administration (ASPA) has never censured or expelled a member, although the by-laws state that membership can be ter- minated “when in its sole and absolute discretion the Council determines that any member appears to have acted in violation of the Society’s Code of Ethics” (Article 2: Section 5). Given this authority, why hasn’t the ASPA code been aggressively enforced? The answer is based on both practical and philosophical reasons.

On the practical side, there’s a rather important matter of liability. That is, should a member be expelled he could sue the ASPA and, if successful, this could inflict severe fiscal damage—perhaps even mortal organizational damage as the ASPA does not have liability insurance to cover such a loss. ICMA sources say that their liability coverage is expensive but feel nonetheless that it is important to be able to expel a member. And, rarely, if ever, has ICMA lost because censured and expelled members typically do not sue and if they do, find it is difficult for them to prove to a court of law that ICMA treated them arbitrarily or unfairly in reach- ing such a decision. ICMA has an elaborate adjudication process that is followed carefully whenever a member is alleged to have violated their code. ASPA has no equivalent set of due process procedures.

On the philosophical side, the argument continues as to whether ASPA’s code of ethics is and should be an aspirational document or a practical set of proscrip- tions. Some members feel strongly that the code’s strength is its aspirational quali- ties, while others feel just as strongly that the code’s weaknesses are its absence of proscriptions akin to those found in other professional codes.

Discussion Questions

1. Is a professional code of ethics that is not enforceable a satisfactory code? Why or why not?

2. What would you do if a colleague accused you of violating your professional association’s code of ethics?

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Commentary

Mark Monson, Deputy Director for Administration, Department of Health Professions, State of Virginia:

If ASPA is to stand for something in the eyes of the public and politi- cal leaders, we have to be viewed as ethical above reproach. If we aren’t viewed that way, then we are nothing more than another glorified public sector employee association. It seems to me, therefore, that we absolutely must be willing to censure and expel members for ethics vio- lations. I would even advocate ASPA taking public stands denouncing ethics violations in the public sector whenever they occur.

I’m not suggesting that we establish some kind of internal affairs organization charged with rooting out violators. But we must not hesi- tate to take action when we become aware of problems.

Mylon Winn, Professor, School of Public Policy and Urban Affairs, Southern University, Baton Rouge, Louisiana:

Th e ICMA experience with enforcing its code is a perfect example of why ASPA’s code of ethics needs to be strengthened. ICMA’s experience with liability suits and potential legal costs associated with enforcing its code has not been a problem. It is, therefore, a specious argument to contend that ASPA should not place an enforcement provision in its code.

Moreover, the argument that the ASPA code is primarily aspira- tional reinforces the contention that individual administrators should assume personal ethical responsibility for their behavior. Together these two arguments have dominated the literature and informal discussions about the code. The ASPA code as revised in 1994 was crafted to serve primarily the association and the profession. The code sought to estab- lish ethical standards that serve the profession at large. Hence, the con- tention that the code’s usefulness is based on its ability to first assist individual administrators make ethical decisions ignores the code’s intended purpose. If the focus is serving the public administration community, the fact that it is aspirational is a welcomed, but indirect, outcome, which can motivate individual administrators to make ethical decisions. Conversely, if the focus is on an aspirational code where per- sonal ethics is the primary emphasis, there is a limited need for a strong and enforceable code. In other words, it is sufficient for each individual administrator to self-regulate his or her personal ethical behavior.

Th e codes adopted by the International City/County Management Association and the National Association of Social Workers are light

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years ahead of ASPA’s code. ASPA’s code is where the first two were before 1920 with ICMA and 1940 for social workers. Both periods were the pre-enforcement era for these professional associations. Among social workers, self-regulation is based on having a strong and enforce- able code. In this regard ASPA is behind because the aspirational and legal liability arguments have tacitly supported maintaining a weak code that has limited usefulness.

Recent practitioner surveys consistently report that practitioners are embracing ASPA’s code. They are defining how ASPA’s code is applied in the workplace. Hence, there is hope for escaping the limiting effects of the aspirational code and the legal liability arguments. The efforts of practitioners represent an enlightenment that may eventually cause the code to be revised to promote shared ethics values that can be enforced. Without an enforceable code, we are just a collection of people impos- ing our personal ethical views on public situations.