Professional courtesy extends beyond interactions with elected officials and the public. If a member of a colleague’s governing body contacts you for advice, or you respond to the inquiry, a member is expected to notify his or her colleague of this contact as outlined in Tenet 2 and its guideline. You would want the same professional courtesy extended to you if the reverse situation occurred.
Rocky relationships between the manager and the governing body can cause everyone involved to develop an exit strategy. If the governing body’s transition plan involves finding a new manager and you are contacted, you have an ethical obligation to explain you cannot discuss an occupied position until the incumbent's separation from employment is publicly known.
There are also unique considerations to keep in mind if you are a retired manager who lives in the community, and it is a good idea to review the advice for interim/retired managers.
Applicable Tenets and Guidelines
Tenet 2. Affirm the dignity and worth of local government services and maintain a deep sense of social responsibility as a trusted public servant.
Guideline on Advice to Officials of Other Local Governments. When members advise and respond to inquiries from elected or appointed officials of other local governments, they should inform the administrators of those communities in order to uphold local government professionalism.
Tenet 3. Demonstrate by word and action the highest standards of ethical conduct and integrity in all public, professional, and personal relationships in order that the member may merit the trust and respect of the elected and appointed officials, employees, and the public.
Guideline on Seeking Employment. Members should not seek employment for a position that has an incumbent who has not announced his or her separation or been officially informed by the appointive entity that his or her services are to be terminated. Members should not initiate contact with representatives of the appointive entity. Members contacted by representatives of the appointive entity body regarding prospective interest in the position should decline to have a conversation until the incumbent's separation from employment is publicly known.
PM Magazine Articles
- Err on the Side of Caution (September 2022)
- The Ethical Boundaries When Former Managers Live in Your Town (March 2022)
- Showing Professional Courtesy and Respect When You’re No Longer in Charge (July 2021)
- Respect: Where's Aretha When You Need Her? (July 2017)
- Guard Against Ethical Missteps (May 2017)
Serving a public organization often provides employees with access to confidential information or knowledge of news before it is made public. Members are reminded to refrain from any investments that would compromise their objectivity in their local government position or would create an actual or perceived conflict of interest.
Applicable Tenets and Guidelines
Tenet 3. Demonstrate by word and action the highest standards of ethical conduct and integrity in all public, professional, and personal relationships in order that the member may merit the trust and respect of the elected and appointed officials, employees, and the public.
Guideline on Public Confidence. Members should conduct themselves so as to maintain public confidence in their position and profession, the integrity of their local government, and in their responsibility to uphold the public trust.
Tenet 12. Public office is a public trust. A member shall not leverage his or her position for personal gain or benefit.
GUIDELINES
Investments in Conflict with Official Duties. Members should refrain from any investment activity which would compromise the impartial and objective performance of their duties. Members should not invest or hold any investment, directly or indirectly, in any financial business, commercial, or other private transaction that creates a conflict of interest, in fact or appearance, with their official duties.
In the case of real estate, the use of confidential information and knowledge to further a member’s personal interest is not permitted. Purchases and sales which might be interpreted as speculation for quick profit should be avoided (see the guideline on “Confidential Information”). Because personal investments may appear to influence official actions and decisions, or create the appearance of impropriety, members should disclose or dispose of such investments prior to accepting a position in a local government. Should the conflict of interest arise during employment, the member should make full disclosure and/or recuse themselves prior to any official action by the governing body that may affect such investments.
This guideline is not intended to prohibit a member from having or acquiring an interest in or deriving a benefit from any investment when the interest or benefit is due to ownership by the member or the member’s family of a de minimus percentage of a corporation traded on a recognized stock exchange even though the corporation or its subsidiaries may do business with the local government.
Confidential Information. Members shall not disclose to others, or use to advance their personal interest, intellectual property, confidential information, or information that is not yet public knowledge, that has been acquired by them in the course of their official duties.
Information that may be in the public domain or accessible by means of an open records request, is not confidential.
Whether you are a long-time manager who is embarking on retirement and perhaps transitioning to a second career, or you are testing the waters in another field, it is critical to make a transition with your reputation intact, do no harm to the profession, and uphold your commitment to the profession’s ethical values.
Members who are permanently retired or no longer in service to a local government are required to adhere to Tenets 1 and 3 of the ICMA Code of Ethics. All members in service to a local government, whether it is on a full-time, part-time, or interim basis must follow all 12 tenets of the Code.
Advice on some common challenges interim or retired members may encounter follows:
Political Activity
Former managers and assistants who want to run for elected office or engage in political activity in the community they recently served should refrain from using their former official title, always demonstrate respect for their successor, and be accurate and fair in their presentation of information. ICMA senior advisors should be sure to discuss their plans with their state association president before taking any action.
Employment Opportunities
Because of their talents and knowledge of local government, members have been actively recruited for positions in financial services, management consulting practices, engineering, law, development corporations, and telecommunications as examples. In many cases, there are few ethical concerns because there is no nexus between the former and new employer.
Ethical issues do arise if the member is recruited to join the firm closely following a project, negotiation, or controversial interaction between the local government and the firm. For example, a manager was recruited to join a firm shortly after the member finished negotiations on behalf of the local government to bring the firm’s corporate headquarters to the community. Accepting an offer under those circumstances could result in questions from the public about when the manager was first recruited and whose interests the manager represented during those negotiations. Members are advised to be careful about the timing of such moves and to be cognizant of creating the appearance of a conflict of interest.
Representing a client before the governing body or agency
While it is not a violation of the Code to represent a client before the governing body or agency where you previously served as the manager, think about whether your presence before the agency creates the appearance of impropriety, undermines the integrity of the process, or the credibility of your former employees. As a result of your relationship with the employee, will you be afforded special treatment or otherwise gain an unfair advantage? Do you have “insider” information that may unfairly benefit your client? One former manager who went to work for a firm who did business before the local government opted to stay behind the scenes and let other staff take the lead role in representing the client at meetings with staff or hearings.
Interim assignments
Regardless of the length of the assignment, an ICMA member working for a local government whether it is on a full-time, part-time, or interim basis is expected to follow all 12 tenets of the ICMA Code of Ethics. Members should not accept an interim assignment if they are serving as an elected official or plan to run for elected office. Members should refrain from any political activity on behalf of a candidate for any elected office while serving in an interim position.
Relationships with a former community
Retired managers who choose to live in the community following the end of their employment have a unique perspective. They have much more detailed knowledge about the organization’s operations and finances than the average resident. There is also the added layer of needing to provide the successor with the space and freedom to manage the organization, and that may mean making decisions that are different from the predecessor’s approach. The retired manager’s opinion may also still carry a lot of weight with the members of the governing body and staff who now report to someone new.
Retired managers have an ethical obligation to ensure any public commentary they choose to make about their former organization, or its staff, does not undermine their successor, is both factual and professional, and adheres to Tenets 1 and 3 of the Code. Finally, before a retired managers decide to insert themselves in a community discussion, they should consider how they would feel if their predecessor had taken this action when they were in the manager’s position.
Applicable Tenets and Guideline
Tenet 3. Demonstrate by word and action the highest standards of ethical conduct and integrity in all public, professional, and personal relationships in order that the member may merit the trust and respect of the elected and appointed officials, employees, and the public.
Guideline on Public Confidence. Members should conduct themselves so as to maintain public confidence in their position and profession, the integrity of their local government, and in their responsibility to uphold the public trust.
PM Magazine Articles
It can be helpful to review dilemmas your peers in the local government management profession have faced and how they have navigated those issues. Keep in mind, ICMA ethics staff are available to confidentially discuss the issue and offer advice for consideration.
Examples of real scenarios members have faced and tips on ethical decision-making are highlighted in the articles below.
PM Magazine Articles
- Core Values of Tenets 1 and 2 (April 2024)
- Err on the Side of Caution (September 2022)
- Right, Wrong, or Just Blurry? (May 2022)
- Resolving Everyday Ethics Challenges (June 2021)
- Integrity: Upholding High Personal and Professional Standards (January 2021)
- Is This an Ethics Violation? You Ask. We Answer. (October 2020)
- Lessons from the Field (September 2020)
- A Cautionary Ethics Tale (January 2019)
- Making Ethical Choices (November 2016)
- Why You Can’t Rely on Your Attorney (August 2016)
- Dealing with Everyday Ethical Issues (April 2016)
- Ethics in the Real World (March 2016)
- Managing Mistakes (October 2015)
- Everyday Ethics (August 2015)
- Responding to an Ethical Crisis (November 2014)
ICMA was founded with a commitment to representative local government with a dedication to promoting efficient and effective public services. To fulfill this commitment, ICMA works to maintain and enhance public trust and confidence in local government, achieve equity and social justice, affirm human dignity, and improve quality of life.
Members of ICMA dedicate themselves to the faithful stewardship of the public’s trust in striving for management excellence as outlined in ICMA’s Declaration of Ideals (below):
- Provide an environment that ensures the continued existence and effectiveness of representative local government and promotes the understanding that democracy confers privileges and responsibilities on each citizen.
- Recognize the right of citizens to influence decisions that affect their well-being; advocate a forum for meaningful citizen participation and expression of the political process; and facilitate the clarification of community values and goals.
- Respect the special character and individuality of each community while recognizing the interdependence of communities and promoting coordination and cooperation.
- Seek balance in the policy formation process through the integration of the social, cultural, and physical characteristics of the community.
- Promote a balance between the needs to use and to preserve human, economic, and natural resources.
- Advocate equitable regulation and service delivery, recognizing that needs and expectations for public services may vary throughout the community.
- Develop a responsive, dynamic local government organization that continuously assesses its purpose and seeks the most effective techniques and technologies for serving the community.
- Affirm the intrinsic value of public service and create an environment that inspires excellence in management and fosters the professional and personal development of all employees.
- Seek a balanced life through ongoing professional, intellectual, and emotional growth.
- Demonstrate commitment to professional ethics and ideals and support colleagues in the maintenance of these standards.
- Take actions to create diverse opportunities in housing, employment, and cultural activity in every community for all people.
ICMA completed its three-year review of the Code dedicated to focus on better integrating the profession’s long-standing ethical commitment to diversity, equity, and inclusion into the 12 tenets in June 2023.
As background, the Board adopted a statement in June 2020 that included several steps ICMA would take with one action specific to ethics:
“The local government management profession and ICMA were founded on a Code of Ethics and a Declaration of Ideals, which demand that we serve the best interests of all, achieve equity and social justice, and act with integrity so that we may earn the trust of all those we serve. Addressing systemic racism is our ethical obligation. We will revisit our Code of Ethics to better integrate our ethical commitment to racial justice and equity into the very fiber of the 12 tenets.”
The project scope of work included the following steps with the assistance of a consultant team:
- Conducted an environmental scan to learn how other professional associations are addressing equity and racial justice in their codes.
- Convened focus groups to help shape a survey to membership.
- Facilitated discussions: in-person meetings and virtual sessions.
- Developed a survey to send to all members to gauge ways to strengthen the Code’s commitment to equity and social justice and the ethical responsibility of members to serve the best interests of everyone living in their communities.
- Prepared a report for the Committee on Professional Conduct (CPC) and Board summarizing recommended changes to the Code.
- Developed a member communications strategy for proposed Code changes.
Engaging members in discussion was a crucial component of the effort to review the language in the Code. ICMA facilitated 17 sessions and heard from over 600 members who shared their perspectives. The discussions focused on four tenets and some of the corresponding guidelines that participating members identified as most relevant to the profession’s continued commitment to diversity, equity, and inclusion that shaped the survey that was sent to membership in July 2022.
The consultant team briefed the CPC on its initial survey analysis then presented to the Board its preliminary survey results where the board offered feedback. The CPC refined its recommendations during its meetings in October and November.
Revisions to tenets of the ICMA Code of Ethics require the approval of a majority of corporate members voting while the board has the authority to revise the guidelines. In December 2022, the board approved the CPC’s recommendation to place four changes to the tenets of the Code before the members for consideration. The CPC also provided recommended changes to the guidelines for the board’s consideration after the results of the member vote on the tenets were available.
An election to revise language in Tenets 1, 4, 9, and 11 was open March 1-31, 2023, to voting members. In early April 2023, ICMA canvassed 2,544 ballots cast. Via this special election ballot, 84% of corporate members approved the proposed changes. Notably, this special election holds the distinction of having the highest participation rate (31%) in ICMA’s online voting history. The board voted to approve the changes to the associated guidelines at its June 2023 meeting.
Applicable Tenets and Guidelines
Tenet 1. We believe professional management is essential to effective, efficient, equitable, and democratic local government.
Tenet 4. Serve the best interests of all community members.
Guideline on Effects of Decisions. Members should inform the appropriate elected or appointed official(s) of a decision's anticipated effects on community members.
Guideline on Promote Equity. Members should ensure fairness and impartiality in accessing programs and services and in the enforcement of laws and regulations. Members should assess and propose solutions to strive to eliminate disparities.
Tenet 9. Keep the community informed on local government affairs. Encourage and facilitate active engagement and constructive communication between community members and all local government officials.
Guideline on Engagement. Members should ensure community members can actively engage with their local government as well as eliminate barriers and support involvement of the community in the governance process.
Tenet 11. Manage all personnel matters with fairness and impartiality.
Guideline on Diversity and Inclusion. It is the member’s responsibility to recruit, hire, promote, retain, train, and support a diverse workforce at all levels of the organization.
Resources
- Race, Equity, and Social Justice Tools, Research, and Learning Opportunities
- Code of Ethics Review Focusing on Diversity, Equity, and Inclusion
PM Magazine Articles
- The Profession’s Commitment to Equity and Justice (February 2022)
- Equity and Social Justice (August 2020)
- Ethical Leadership in the Time of COVID-19 (May 2020)
- Pay Attention to Ethics in the Hiring Process (May 2018)
- The Fundamental Connection (August 2017)
Members serving in local government may leverage their expertise to serve as a consultant or engage in other paid outside employment if the activity does not create a conflict with their official position or prevent them from effectively carrying out all aspects of their full-time, permanent position. Members should obtain prior approval from the organization, comply with any internal regulations and/or state laws regarding outside employment, ensure no public resources are used for private employment, and be clear and accurate in taking vacation or other leave as appropriate.
For members serving as a local government manager, there is the added consideration significant absences may create the appearance your focus and full attention is no longer on your employing organization and its best interest so a mindful approach is necessary.
Applicable Tenets and Guidelines
Tenet 3. Demonstrate by word and action the highest standards of ethical conduct and integrity in all public, professional, and personal relationships in order that the member may merit the trust and respect of the elected and appointed officials, employees, and the public.
Guideline on Public Confidence. Members should conduct themselves so as to maintain public confidence in their position and profession, the integrity of their local government, and in their responsibility to uphold the public trust.
Tenet 12. Public office is a public trust. A member shall not leverage his or her position for personal gain or benefit.
GUIDELINES
Private Employment. Members should not engage in, solicit, negotiate for, or promise to accept private employment, nor should they render services for private interests or conduct a private business when such employment, service, or business creates a conflict with or impairs the proper discharge of their official duties.
Teaching, lecturing, writing, or consulting are typical activities that may not involve conflict of interest, or impair the proper discharge of their official duties. Prior notification of the appointing authority is appropriate in all cases of outside employment.
Representation. Members should not represent any outside interest before any agency, whether public or private, except with the authorization of or at the direction of the appointing authority they serve.
A conflict of interest, in its simplest form and by its very definition, occurs when your personal interests or loyalties compete with your professional obligations. The ICMA Code of Ethics references conflicts of interest over 10 times and includes guidelines to address conflicts that may stem from performing your official duty, personal relationships, investments, private employment, giving policy advice, advocating for your personal cause, and confidential information, just to name a few.
The sheer coverage of the issue in the Code serves as one more reminder: it is critical for public leaders and staff to discern when they have a conflict of interest and appropriately address it, keeping in mind their conduct directly impacts public confidence and trust in the organization, as well as the local government management profession.
Sometimes a potential issue is not a conflict of interest in actuality, but it creates the perception of one. Even the perception of a conflict of interest can be damaging to public confidence and trust for either a member personally or for the organization. It is crucial for a member to consider how elected officials, staff members, and the community will view the approach to managing any potential conflicts. ICMA’s ethics director, Jessica Cowles, is available to members for a confidential conversation to discuss the issue, provide advice and can be reached at jcowles@icma.org.
Applicable Tenets and Guidelines
Tenet 3. Demonstrate by word and action the highest standards of ethical conduct and integrity in all public, professional, and personal relationships in order that the member may merit the trust and respect of the elected and appointed officials, employees, and the public.
GUIDELINES
Public Confidence. Members should conduct themselves so as to maintain public confidence in their position and profession, the integrity of their local government, and in their responsibility to uphold the public trust.
Relationships in the Workplace. Members should not engage in an intimate or romantic relationship with any elected official or board appointee, employee they report to, one they appoint and/or supervise, either directly or indirectly, within the organization.
This guideline does not restrict personal friendships, professional mentoring, or social interactions with employees, elected officials and Board appointees.
Influence. Members should conduct their professional and personal affairs in a manner that demonstrates that they cannot be improperly influenced in the performance of their official duties.
Conflicting Roles. Members who serve multiple roles – either within the local government organization or externally – should avoid participating in matters that create either a conflict of interest or the perception of one. They should disclose any potential conflict to the governing body so that it can be managed appropriately.
Tenet 7. Refrain from all political activities which undermine public confidence in professional administrators. Refrain from participation in the election of the members of the employing legislative body.
GUIDELINES
Elections. Members share with their fellow citizens the right and responsibility to vote. However, in order not to impair their effectiveness on behalf of the local governments they serve, they shall not participate in political activities to support the candidacy of individuals running for any city, county, special district, school, state or federal offices. Specifically, they shall not endorse candidates, make financial contributions, sign or circulate petitions, or participate in fund-raising activities for individuals seeking or holding elected office.
Personal Advocacy of Issues. Members share with their fellow citizens the right and responsibility to voice their opinion on public issues. Members may advocate for issues of personal interest only when doing so does not conflict with the performance of their official duties.
Tenet 12. Public office is a public trust. A member shall not leverage his or her position for personal gain or benefit.
GUIDELINES
Gifts. Members shall not directly or indirectly solicit, accept or receive any gift if it could reasonably be perceived or inferred that the gift was intended to influence them in the performance of their official duties; or if the gift was intended to serve as a reward for any official action on their part.
The term “Gift” includes but is not limited to services, travel, meals, gift cards, tickets, or other entertainment or hospitality. Gifts of money or loans from persons other than the local government jurisdiction pursuant to normal employment practices are not acceptable.
Members should not accept any gift that could undermine public confidence. De minimus gifts may be accepted in circumstances that support the execution of the member’s official duties or serve a legitimate public purpose. In those cases, the member should determine a modest maximum dollar value based on guidance from the governing body or any applicable state or local law.
The guideline is not intended to apply to normal social practices, not associated with the member’s official duties, where gifts are exchanged among friends, associates and relatives.
Investments in Conflict with Official Duties. Members should refrain from any investment activity which would compromise the impartial and objective performance of their duties. Members should not invest or hold any investment, directly or indirectly, in any financial business, commercial, or other private transaction that creates a conflict of interest, in fact or appearance, with their official duties.
In the case of real estate, the use of confidential information and knowledge to further a member’s personal interest is not permitted. Purchases and sales which might be interpreted as speculation for quick profit should be avoided (see the guideline on “Confidential Information”). Because personal investments may appear to influence official actions and decisions, or create the appearance of impropriety, members should disclose or dispose of such investments prior to accepting a position in a local government. Should the conflict of interest arise during employment, the member should make full disclosure and/or recuse themselves prior to any official action by the governing body that may affect such investments.
This guideline is not intended to prohibit a member from having or acquiring an interest in or deriving a benefit from any investment when the interest or benefit is due to ownership by the member or the member’s family of a de minimus percentage of a corporation traded on a recognized stock exchange even though the corporation or its subsidiaries may do business with the local government.
Personal Relationships. In any instance where there is a conflict of interest, appearance of a conflict of interest, or personal financial gain of a member by virtue of a relationship with any individual, spouse/partner, group, agency, vendor or other entity, the member shall disclose the relationship to the organization. For example, if the member has a relative that works for a developer doing business with the local government, that fact should be disclosed.
Confidential Information. Members shall not disclose to others, or use to advance their personal interest, intellectual property, confidential information, or information that is not yet public knowledge, that has been acquired by them in the course of their official duties.
Information that may be in the public domain or accessible by means of an open records request, is not confidential.
Private Employment. Members should not engage in, solicit, negotiate for, or promise to accept private employment, nor should they render services for private interests or conduct a private business when such employment, service, or business creates a conflict with or impairs the proper discharge of their official duties.
Teaching, lecturing, writing, or consulting are typical activities that may not involve conflict of interest, or impair the proper discharge of their official duties. Prior notification of the appointing authority is appropriate in all cases of outside employment.
Representation. Members should not represent any outside interest before any agency, whether public or private, except with the authorization of or at the direction of the appointing authority they serve.
Endorsements. Members should not endorse commercial products or services by agreeing to use their photograph, endorsement, or quotation in paid or other commercial advertisements, not for the member’s support. Members may, however, provide verbal professional references as part of the due diligence phase of competitive process or in response to a direct inquiry.
Members may agree to endorse the following, provided they do not receive any compensation: (1) books or other publications; (2) professional development or educational services provided by nonprofit membership organizations or recognized educational institutions; (3) products and/or services in which the local government has a direct economic interest.
Members’ observations, opinions, and analyses of commercial products used or tested by their local governments are appropriate and useful to the profession when included as part of professional articles and reports.
PM Magazine Articles
- Asked and Answered on Conflicts of Interest, Part 2 (September 2024)
- Asked and Answered on Conflicts of Interest, Part 1 (February 2024)
- Be Alert to Conflicts of Interest (February 2023)
- Guardrails for Managing Relationships with Vendors (October 2022)
- Err on the Side of Caution (September 2022)
- Conflicts of Interest (February 2020)
