Ethics for Local Elected Officials 2017 Essentials of County - PDF document

Ethics for Local Elected Officials 2017 Essentials of County Government Frayda Bluestein Norma Houston Navigating Ethical Issues Goals for Our Session:  Distinguish between legal and ethical standards  Identify key legal issues  Identify ethical considerations  Discuss and compare views about how to navigate situations involving ethical issues Ethics vs. Law If people act legally are they also acting ethically ? Legal Ethical If you can do it, does that mean you should do it? UNC school of Government www.sog.unc.edu Page 1

Legal Who decides if you have acted illegally ? Legislature: defines conduct that is prohibited and establishes sanctions (criminal, civil, invalidation of action) Legal Who decides if you have acted illegally ? Judges: apply common law rules, established through case law. Note: Legislature can override the common law. Ethical Who decides if you have acted unethically ? Citizens UNC school of Government www.sog.unc.edu Page 2

Ethical Who decides if you have acted unethically ? The press Ethical Who decides if you have acted unethically ? You Ethical Who decides if you have acted unethically ? Your fellow board members UNC school of Government www.sog.unc.edu Page 3

HOW DO YOU DEFINE IT? SMALL GROUP DISCUSSION What Is A “Conflict of Interest”? Key Concepts 1. Your conduct involves 3. Your ethical obligations both legal requirements include: and ethical considerations  Obeying all applicable laws 2. The law places limits on:  Upholding integrity and  independence of office Voting  Avoiding impropriety in  Contracting exercise of official duties  Gifts & Favors  Faithfully performing  Misuse of Confidential duties of office Information  Conducting board  Misuse of Public business in open and Property public manner (G.S. 160A-86(b)) UNC school of Government www.sog.unc.edu Page 4

Ethics and Civility Civil Dialogue and Public Trust in Government - NCACC You Have A Choice You have a choice about how to act; you should evaluate legal and ethical factors in deciding how to act Deciding How to Act: Two Questions Is it Your Is it legal? ethical? Decision UNC school of Government www.sog.unc.edu Page 5

HOW DO YOU NAVIGATE IT? SMALL GROUP DISCUSSION Framework for Navigating Ethical Issues Answer the following questions for the ethical scenarios on your case problems worksheet: 1. What are the possible legal issues? 2. What are the ethical considerations? 3. What would you do and why ? HOW DO YOU ENFORCE IT? UNC school of Government www.sog.unc.edu Page 6

Local Codes of Ethics Mandatory, but no authority for sanctions Note: Boards can modify ethics codes adopted by previous boards Compliance is voluntary, unless the actions violate a state law and that state law provides a remedy. What is Censure? Resolution expressing dissatisfaction with the board member’s conduct Has no legal effect! UNC school of Government www.sog.unc.edu Page 7

What Can Be Done About Unethical Behavior?  Recall: No general authority (some units have charter provisions allowing it)  Amotion: Common law power to remove board member - very high standard and due process required Coates Canons Blog http://canons.sog.unc.edu/removing-an-elected- official-by-amotion-judge-says-it-can-be-done/ Successfully Navigating Ethics Recap: Deciding How to Act Is it Your Is it legal? ethical? Decision UNC school of Government www.sog.unc.edu Page 8

One Last Thing . . . Don’t Forget Your Verification Form! To get credit for today’s ethics training:  Fill out both parts of the verification form  Keep the top part for your records  Give the bottom part to your board clerk – do not send to the SOG! Thank You! Frayda Bluestein Norma Houston 919.966.4203 919.843.8930 bluestein@sog.unc.edu nhouston@sog.unc.edu UNC school of Government www.sog.unc.edu Page 9