Do Ethics Codes Make a Difference?

4.13 Do Ethics Codes Make a Difference?

Case: 5.8 As a mid-manager in a mid-sized United States city, I keep a modestly framed copy

of the ASPA Code of Ethics cut from the back cover of the Public Administration Review on the coffee table in my office. In the last year, three different colleagues from another department, presumably uncomfortable approaching the available leadership in that department, have come to me with ethical concerns. Each time I asked them whether there is a professional code of ethics they prefer to use, and hav- ing none, I used the ASPA code as a framework for talking through the issue at hand. Each time I also copied the code for my colleague to take back to the office with her and each was satisfied that it gave her a useful tool she did not have before.

In two cases, we concluded that the employee had fulfilled her professional obligations. In the third case, we concluded that it was indeed necessary to remedy the behavior in question even if that required whistle blowing. We monitored the situation until that happened and the harm was rectified. Our city does not lack for administrative regulations covering gifts and gratuities, nepotism, and similar procedural issues. But, I find such practical guidelines are not a substitute for a statement of principles. The ASPA code has served my colleagues and me well.

Discussion Questions

1. How do you know that a code of ethics prevented a misdeed?

2. How do you know that a code of ethics elicited an ethical behavior?

3. Are codes merely veneers? Shiny on the outside but hollow on the inside?

Commentary

Jeremy F. Plant, Professor of Public Policy and Administration, Penn State Harrisburg:

Formal codes of ethics have become increasingly common in recent years. Often, a professional association is the source. A good example of

126 ◾ Ethics Moments in Government: Cases and Controversies

the utility of a professional code of ethics, in this case the code promul- gated by the American Society for Public Administration (ASPA), is provided in this case. The mid-level manager (presumably a member of

ASPA) has used the ASPA code to provide useful guidance to colleagues in the city government. Having the ASPA code as a set of principles seems to enable the individual to provide ethical guidance with a firm

foundation in professionalism. The role played by the manager as an informal advisor on ethical questions is no doubt strengthened by her ability to provide not simply a personal opinion but one grounded in ASPA’s professional code.

Th e ASPA code is designed to provide a set of five canons or prin- ciples: serve the public interest, respect the constitution and the law, demonstrate personal integrity, promote ethical organizations, and strive for professional excellence. In each of the five areas, between four and eight specific examples are given to show how the principles are expected to guide behavior. While the two cases in which professional obligations were met are not spelled out, the example of whistle blow- ing derives from the second canon in the code, respect the Constitution and the law, article 6: “Encourage and facilitate legitimate dissent activ- ities in government and protect the whistle blowing rights of public employees.”

As an association bringing together a broad base of public sec- tor practitioners, academics, and students, the ASPA code has been written to provide ethical guidance for a wide variety of settings and professional activities. The code of ethics of the International City/ County Management Association (ICMA) provides a code more specifically designed for professionals working in city and county governments. The manager in this case, working in a mid-sized city, might also find it useful to review the ICMA code to see if it pro- vides more specific answers to ethical problems of the sort indicated in the case.

Th e role played by the manager in this case is a positive one, but it indicates a serious problem if a number of employees from different

departments do not feel comfortable going to their supervisors with ethical issues. It seems to be time for the leadership of the city, whether elected or managerial, to provide ethical training or an ethics audit for the city government as a whole. Their practical codes of conduct do not

seem to be grounded enough in ethics to provide adequate guidance for the employees. In the meantime, it is providential that there is an ethi- cal exemplar like the manager in the case who takes the time to listen to individuals troubled by what they see as problems of ethics that have no simple or self-evident answers.

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