Ethics

Ethics Inquiries

THE CHAMBER BOARD PUSHES A CANDIDATE

Q: The board of directors of the local chamber of commerce recently voted to endorse an incumbent council member in her bid for reelection. Because the city government is a member of the chamber of commerce, the city manager and staff are suddenly in an awkward position. It has been the city manager’s practice to attend chamber meetings or to send senior staff in his place. In fact, the city manager is scheduled to be a featured speaker at an upcoming luncheon just one month before the council election.

The manager plans to discuss the issue at the next city council meeting. Although the city manager believes the city government should withdraw its membership, he is unsure what the city council will decide to do. What else can the city manager do to avoid any appearance of favoritism in this campaign season?

A. The city manager and senior staff can stop attending chamber meetings unless the chamber is considering a special issue that the city needs to address. In addition, the manager will want to postpone the speaking engagement because the timing could create an impression that he is lending support to the chamber’s position in the council election. These steps are recommended so that the city manager can maintain his reputation for impartiality involving candidates for elected office.

THE FORMER COUNTY MANAGER COZIES UP TO A COMMISSIONER

Q: The former county manager was forced to resign three years ago and still lives in the community. She now works as a village manager and is a member of ICMA and the state association. There was considerable controversy over the board’s decision to force her to leave county government. Some of the commissioners felt that she was not treated fairly and remain friendly with her.

The current county manager has heard through the grapevine that his predecessor has nothing but criticism about the way county government is run now. She has targeted her criticism at the county manager himself, saying that he is not competent. Are there potential ethics issues with the former county manager’s conduct?

A. Former managers may be tempted to get involved with their former employers without realizing that their actions can run afoul of the ICMA Code of Ethics. Tenet 2 of the code has a guideline that reminds members of their obligation to inform the current administrator any time they advise or respond to inquiries from elected or appointed officials in another jurisdiction.

The county manager may want to contact the former manager privately to discuss his concerns. Alternatively, an ICMA Range Rider or other respected colleague may be willing to offer counsel to the individual.

In rare cases, the conduct of a former manager can reach the point that it may be necessary to file an ethics complaint. ICMA censured a former city manager who sought to influence public policy by taking a high-profile role in advising a faction on the city council he once served. Not only did he fail to inform the incumbent administrators of his activities, he also publicly criticized the competence of appointed administrators and exacerbated factionalism on the city council. His actions diminished public confidence in the local government and in professional local government management, a violation of Tenets 2 and 3 of the ICMA Code of Ethics.

For advice on the ICMA Code of Ethics, or to find out more on ethics training and technical assistance available to local governments, call the Ethics Center at ICMA at 202/962-3521, or visit the Web site at http://icma.org/ethics. Calls or e-mails can also be directed to ICMA’s ethics advisers Martha Perego, 202/962-3668, mperego@icma.org, and Elizabeth Kellar, 202/962-3611, ekellar@icma.org.

Learn about the benefits of joining ICMA and receiving PM magazine as part of your benefits package at http://icma.org/join. To subscribe to PM, call 202/289-ICMA (202/289-4262) or e-mail bookstoremanager@icma.org.