SLIDE 1
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
If people act legally are they also acting ethically? If you can do it, does that mean you should do it?
Legal Ethical
Ethics vs. Law
UNC school of Government www.sog.unc.edu Page 1
SLIDE 2 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
SLIDE 3
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
SLIDE 4 HOW DO YOU DEFINE IT? SMALL GROUP DISCUSSION What Is A “Conflict of Interest”? Key Concepts
both legal requirements and ethical considerations
- 2. The law places limits on:
- Voting
- Contracting
- Gifts & Favors
- Misuse of Confidential
Information
Property
- 3. Your ethical obligations
include:
laws
independence of office
exercise of official duties
duties of office
business in open and public manner
(G.S. 160A-86(b))
UNC school of Government www.sog.unc.edu Page 4
SLIDE 5 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 legal? Is it ethical? Your Decision
UNC school of Government www.sog.unc.edu Page 5
SLIDE 6 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
SLIDE 7
Local Codes of Ethics
Note: Boards can modify ethics codes adopted by previous boards Mandatory, but no authority for sanctions
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
SLIDE 8 What Can Be Done About Unethical Behavior?
- Recall: No general authority (some units have
charter provisions allowing it) Coates Canons Blog
http://canons.sog.unc.edu/removing-an-elected-
- fficial-by-amotion-judge-says-it-can-be-done/
- Amotion: Common law
power to remove board member - very high standard and due process required
Successfully Navigating Ethics Recap: Deciding How to Act
Is it legal? Is it ethical? Your Decision
UNC school of Government www.sog.unc.edu Page 8
SLIDE 9
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
