The commitment to service inspires local government professionals to volunteer their personal time to community-based organizations. Nonprofit organizations often seek out local government leaders to add to the talent pool on their boards. Employees often look to volunteer opportunities to build both their community network and enhance their professional capabilities.
While service to the community is certainly a public benefit, local government staff need to consider whether the volunteer effort will conflict with, or even undermine, their primary full-time commitment to serve their organization.
The ICMA Code of Ethics does not prohibit community service although Tenets 3 and 12 add an important dimension to consider whether an offer or opportunity to serve is appropriate.
There may be some pitfalls in serving on boards of directors of nonprofit organizations that could put members in an ethically vulnerable position. ICMA’s Committee on Professional Conduct (CPC) encourages members to be good citizens, but it also recommends members consider the following questions:
- Are your local circumstances such that it would be wise to consult with elected officials before making a commitment, or to inform them after having made it?
- Could your board service lead a reasonable person to question your loyalty to your employer, which is, of course, primary?
- Is there a likelihood that the organization will come before your local government to request funding or other consideration?
- Would your involvement appear to lend support to one group in the community over another?
- Is it likely that you will be in a position of having to abstain from a decision of the nonprofit board because of a conflict of interest? The CPC has consistently determined it is unacceptable for a member to abstain from or avoid advising elected officials because of the member’s position on a community board or commission that creates a conflict of interest. Your primary duty is to provide advice and counsel to the governing body, and circumstances in which such advice might be withheld must be avoided.
- In instances in which you must abstain from voting on a board decision because of a conflict of interest, can you still be an effective board member?
- Will you be expected to engage in fundraising? Consider the intent of Tenet 12 which advises members to avoid accepting gifts when “it could be reasonably inferred or expected that the gift was intended to influence them in the performance of their official duties.” Engaging in fundraising within the community can create a similar conflict, i.e., the person made the donation with the expectation of leveraging the donation to obtain a favor from the local government at a future time.
- Are there rules about soliciting donations within the local government organization?
- Are potential donors, whether employees, developers or individuals who have no specific relationship with the local government, really free to “just say no?”
- Having said “yes” to your favorite charity or cause, will the donor expect special consideration, treatment, or access?
- Could you be just as effective by devising a fundraising strategy but not making direct solicitations?
- Will the local government be a beneficiary of a successful fundraising effort?
- How might the media factually report your participation?
- Are you free to terminate the outside involvement without difficulty in the event a conflict of interest arises that cannot otherwise be avoided?
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 profession, their local government, and in their performance of the public trust.
Guideline on 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 12. Public office is a public trust. A member shall not leverage his or her position for personal gain or benefit.
Guideline on 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.
Applicable Tenets
Tenet 5. Submit policy proposals to elected officials; provide them with facts, and technical and professional advice about policy options; and collaborate with them in setting goals for the community and organization.
Tenet 6. Recognize that elected representatives are accountable to their community for the decisions they make; members are responsible for implementing those decisions.
PM Magazine Articles
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)
All members working in service to a local government, whether it is on a full-time, part-time, or interim basis, are expected to adhere to Tenet 7 and its commitment to political neutrality. ICMA’s Committee on Professional Conduct, the Executive Board subcommittee that determines whether a member’s conduct has violated the Code, has consistently concluded a member cannot effectively serve the organization when a member engages in political activity that has the potential to undermine public confidence. This means members should not engage in efforts such as signing or circulating petitions in support for, or against, a recall election.
Applicable Tenet and Guidelines
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 of the Governing Body. Members should maintain a reputation for serving equally and impartially all members of the governing body of the local government they serve, regardless of party. To this end, they should not participate in an election campaign on behalf of or in opposition to candidates for the governing body.
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.
Tenet 7 reminds members in service to a local government regardless of whether it is on a full-time, part-time, or an interim basis to “refrain from all political activities which undermine public confidence in professional administrators.” Members may not run for any elected office or accept appointment to any elected office while in service to a local government.
Members have been sanctioned for the following unethical conduct in running for office:
- A member was an elected official while he worked as a city manager. The member had an affirmative responsibility to comply with the ICMA Code of Ethics and when notified that his dual responsibilities violated the Code, he failed to take timely action to remedy the situation.
- A member sought elected office for school board and was unsuccessful. The member later accepted an appointment for a vacant school board position while still serving as a city manager.
- While serving as city manager, a member established a committee to explore the possibility of running for elected office. The member raised funds, created a very visible online presence, and leveraged his office for the benefit of his campaign.
- A former city manager sought elected office while not in service to local government but, in the last months of the campaign the member applied for local government executive positions.
- While serving as village manager, a member unsuccessfully ran for elected county sheriff.
- A member unsuccessfully campaigned and received an endorsement for an elected position on her employing governing body.
- While serving as county manager, a member launched his candidacy for a seat in the state legislature by seeking and receiving endorsements, raising funds, and developing an online campaign presence. The member ran unopposed.
- A member held both the appointed position of assistant city manager and elected city treasurer.
Applicable Tenet and Guideline
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.
Guideline on Running for Office. Members shall not run for elected office or become involved in political activities related to running for elected office, or accept appointment to an elected office. They shall not seek political endorsements, financial contributions or engage in other campaign activities.
Tenet 7 reminds members in service to a local government regardless of whether it is on a full-time, part-time, or an interim basis to “refrain from all political activities which undermine public confidence in professional administrators” and participating “in the election of members of the employing governing body.”
Specifically, members in service to a local government may not participate in political activities to financially support or endorse the candidacy of any individual seeking elected office at any level of government. There is no exception if the candidate a member wishes to support is in another jurisdiction of local government or in a different state entirely since members in service to a local government may not support a candidate for any elected office.
Applicable Tenet and Guidelines
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 of the Governing Body. Members should maintain a reputation for serving equally and impartially all members of the governing body of the local government they serve, regardless of party. To this end, they should not participate in an election campaign on behalf of or in opposition to candidates for the governing body.
Elections of Elected Executives. Members shall not participate in the election campaign of any candidate for mayor or elected county executive.
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.
A member is responsible for carefully and thoroughly investigating a position and community before accepting an offer of employment. Inadequately evaluating the politics of the community, financial stability of the organization, housing costs, commute, availability of employment for a partner, quality of schools, or other factors prior to accepting a position does not justify early departure. As part of the due diligence process in evaluating whether an organization and community is a good fit personally and professionally, members are encouraged to reach out to colleagues in the area and ICMA Senior Advisors who may have valuable insight to share.
The length of service guideline under Tenet 3 of the ICMA Code of Ethics advises chief administrative/executive officers appointed by a governing body or elected official that a minimum of two years with an organization is considered necessary in order to render a professional service. Given the significant investment organizations make in time and financial resources to recruit new staff and how long it takes even the most talented individual to make a meaningful contribution, a commitment of two years is both reasonable and professional.
Exceptions to the two-year tenure include significant personal issues; a change in the terms or conditions of employment; a governing body’s vote of no confidence; or when a shorter length of tenure has been negotiated in advance in writing between the employer and the employee. The two-year length of service does not apply to internal promotions unless the individual otherwise made a commitment to remain with the organization.
Applicable Tenet 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 Length of Service. For chief administrative/executive officers appointed by a governing body or elected official, a minimum of two years is considered necessary to render a professional service to the local government. In limited circumstances, it may be in the best interests of the local government and the member to separate before serving two years. Some examples include refusal of the appointing authority to honor commitments concerning conditions of employment, a vote of no confidence in the member, or significant personal issues. It is the responsibility of an applicant for a position to understand conditions of employment, including expectations of service. Not understanding the terms of employment prior to accepting does not justify premature separation. For all members a short tenure should be the exception rather than a recurring experience, and members are expected to honor all conditions of employment with the organization.
PM Magazine Article
Selecting a chief administrator is perhaps the most important decision elected officials will make for their community. Members may assist a community in the process by serving as an executive recruiter in a consulting capacity, as a volunteer advisor to the process, or a member of the search committee as long as they can be fair and impartial and will not be a candidate for the position. The following advice is offered to help members navigate this issue:
- Members can volunteer their time to serve as an advisor to the process or as part of a search committee as long as they will not be a candidate for the position.
- In an advisory capacity, members may help the governing body identify the preferred attributes and skills of the next manager; write the job description and job advertisement; outline the process; develop the schedule; make recommendations about the interview questions and process; review resumes; and evaluate candidates. Members have an ethical obligation not to rank candidates and should not recommend candidates.
- Because the selection of the manager is uniquely the governing body’s responsibility, members should be careful about influencing the selection of a candidate. To that end, members should avoid participating in the interview with the governing body as well as governing body sessions where decisions are made about finalists and the final candidate.
- Members who provide this service on a consulting basis should follow the guideline on private employment.
- If a member who is serving as a consultant or in an advisory capacity is offered the position or decides to apply for the position, he or she should immediately withdraw as an advisor and the position should be re-advertised. In this way, any appearance of improper influence is avoided.
- Members may respond to inquiries from elected officials by providing professional advice, but a member should not seek out officials to offer their commentary on a candidate’s qualifications for the position.
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.
Guideline on 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 12. Public office is a public trust. A member shall not leverage his or her position for personal gain or benefit.
Guideline on 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.
Guideline on 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.
PM Magazine Article
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.
