September 2004 · Volume 86 · Number 8

Ethics
Helping Employees Make Sound Ethical Decisions
Many of our cities and counties have ethics laws that sit on their shelves. What are some ways to raise the ethical awareness of local government employees?
Montgomery County, Maryland, recently launched an initiative to help its employees understand the county’s ethics law. In addition to giving all county employees a brochure of ethics facts, the county has also developed a series of “brainteasers” that it posts on its Web site. Written in a straightforward style, these documents provide descriptions of typical situations that employees face in their day-to-day work and offers advice on how to handle them in a professional and ethical way.
Here are some excerpts from the county’s brochure “Ethifacts: A Primer in Montgomery County Ethics.”
Gifts. If a contractor or potential contractor attempts to give you gifts or money so that you will give them business, just say no. It’s against the law. However, if a member of your professional society wants to give you an achievement award for excellence in your field, you can accept it graciously without fear of recourse.
Hiring relatives. Your brother calls and asks you to use your contacts to get him a county job. Sorry, you’ll have to tell him to go through the regular channels because, by law, you can’t help him. You must not appoint, hire, or suggest the advancement of a relative for any position, especially if you will be supervising that relative.
The next time you are faced with an ethical crisis, ask yourself the following questions:
How will it affect my career, my future, my status in the community?
Would I like my actions on the front page of a national newspaper?
What would my peers think?
What are the penalties if I break the rules?
In March 2004, Montgomery County held an educational forum for 300 of its staff and executive leaders that was developed by county staff in consultation with this writer, currently serving as chair of the Montgomery County Ethics Commission. The forum included a speaker from the private sector; Arlington County, Virginia, Manager Ron Carlee; and myself, as the chair of the ethics commission.
Prior to the event, the commission staff e-mailed each participant a series of ethics questions based on particular scenarios. After the leadership forum, the commission posted the interactive employee training (“Brainteasers”) on its Web site, along with the appropriate responses. Here’s an example:
The ethics commission has approved outside employment for Celia to work as a sales associate for a cosmetics company. She regularly hands out catalogues to fellow employees and often stops by to take orders or answer questions during her county work hours. She also spends considerable time sorting and distributing products to her fellow employees. Sometimes, she uses her lunchtime for this work, but she often conducts this business during regular work time. Does Celia’s conduct pose an ethics violation?
Answer: Yes, you’re right. Celia is actively conducting her outside work during county work hours. Although her outside employment is approved, she is prohibited from conducting it during her county work time.
The section of the ethics law that relates to the scenario quoted here also is included with the scenario:
Outside Employment
(Code Reference: Sections 19A-12, 19A-14) 
II. Holding employment outside of your county job could pose a conflict of interest as well. For this reason, the ethics commission must approve all outside employment, including self-employment. Even for approved outside employment, you may not use county equipment, facilities, or time for that work.
In addition to the “Brainteasers” activity and speakers, the forum provided time for a workshop-style activity. I developed ethics cases based on typical issues that come before the commission and asked attendees to discuss them in small groups and make recommendations for action. Each group selected a reporter to share its analysis of the case with all attendees. Because more than one group discussed each case, there was a lively discussion about different approaches, as well as an opportunity to compare each group’s thinking with the “official advice.”
You can find information about the Montgomery County Ethics Commission and the entire employee interactive training in the “Departments and Agencies” section of the county’s Web site, at www.montgomerycountymd.gov.
If your organization is interested in ethics training, ICMA has the comprehensive training package Ethics in Action, which includes a leader’s guide, a participant handbook, and a book of readings. Filled with practical examples and discussion questions, the training package includes case studies, exercises, mini-lectures, and reproducible materials. A free, downloadable preview package is available at ICMA’s Web site, at http://bookstore.icma.org (Item no. 42360).
Elizabeth Kellar, Chair, Montgomery County, Maryland, Ethics Commission, and Deputy Executive Director, ICMA
Ethics advice is a popular service provided to ICMA members. The inquiries and advice are reviewed by the Committee on Professional Conduct, the ethics committee of the ICMA Executive Board. Some of the inquiries are revised and published as a regular feature in PM, to give guidance to members in the big and little ethical decisions they make daily. If you have a question about your obligations under the ICMA Code of Ethics, call Elizabeth Kellar at 202/962-3611, e-mail, ekellar@icma.org or Martha Perego at 202/962-3668, e-mail, mperego@icma.org.
© 2004 International City/County Management Association.