How a member represents his or her qualifications and experience on a resume and when applying for ICMA’s Voluntary Credentialed Manager program reflects on a member’s integrity. A member should always be sure his or her approach is consistent with the Tenet 3 guideline on credentials.
Members have been sanctioned for the following unethical conduct concerning the presentation of their professional and/or educational credentials:
- A member served 13 communities in 17 years and omitted some of those jobs and dates of employment from his resume that he submitted for a job opening.
- A manager falsified his educational credentials on the ICMA membership application, a resume for employment, and under oath during a deposition; applied for the ICMA Credentialed Manager designation when he knew his educational credentials were falsified and did not meet the requirements for the credential; failed to correct a falsification of his personnel file; and provided false documents in response to a media request for information about his credentials.
- A member misrepresented credentials in obtaining a position appointment by claiming he had earned a bachelor's degree from a college that does not confer those degrees.
- A member indicated on a job application that he had earned an MPA, but not all coursework had been completed to receive the diploma at the time of application. Inaccurate credentials led to excluding candidates with appropriate credentials from the employment process.
- A member applied for a manager position and omitted employment where he was fired, and claimed to have a degree and other educational experience that he did not possess.
Applicable Tenet 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 Credentials. A member’s resume for employment or application for ICMA’s Voluntary Credentialing Program shall completely and accurately reflect the member’s education, work experience, and personal history. Omissions and inaccuracies must be avoided.
PM Magazine Article
ICMA promotes ethical conduct by providing confidential advice to members, offering insight on real world issues in Public Management (P.M.) magazine's monthly column, Ethics Matter!, and providing guidance to local government officials.
Topics of Interest
Access ethics advice along with real world examples published in P.M. magazine. Can't find your issue and in need of ethics advice? ICMA members can contact Jessica Cowles, ICMA's ethics director, at jcowles@icma.org.
Tenet 7 of the ICMA Code of Ethics draws a distinction between activities on behalf of a candidate for elected office (such activities are not permitted) and personal advocacy for issues (these are permitted). The Code recognizes a member can play a legitimate role in providing crucial information to governing bodies and the voters on the impact of ballot measures. The guidelines permit members to provide information and assistance with elections on the council-manager form of government and how to engage on issues of personal advocacy and/or interest.
A member may make financial contributions to issue-oriented political action committees, publicly express his or her views, and actively engage in debate and dialogue. As a member considers potential involvement, keep these points in mind:
- Know and comply with the law regarding use of public resources for ballot measures. Many states or jurisdictions prohibit the use of public time or resources on measures once they are formally placed on the ballot.
- Consider where the governing body stands on the issue. If governing body members are opposed or divided, a wise strategy would be to limit the effort to providing background information on the measure.
- Prepare a communication plan in advance for any ballot measures that are directly related to the local government. At a minimum, the communication plan should detail how information will be distributed to the public and what role staff will play (i.e., does the governing body expect staff to be an advocate, for or against, or be neutral; and what public resources will be devoted to the matter). Clarity at the beginning of the process will help to offset the possibility of misunderstandings.
- Caution is necessary even if a member decides to actively join the debate. A member should think carefully about what impact the issue involvement may have on the member’s ability to effectively serve the local government and community in both the short and long-term.
- If a manager feels compelled to raise funds for the measure, the manager should not ask employees to contribute because employees may not feel they are not free to decline the request given the manager’s supervisory role.
This advice is applicable for senior staff as well as the manager. Some members may feel the proper role for all staff is to provide information and then let the voters decide, while other members may take the approach that as professionals who have expertise in local government operations and a vested interest in the future of the community, it is an act of integrity on the part of leaders to make their voices heard.
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 Relating to the Form of Government. Members may assist in preparing and presenting materials that explain the form of government to the public prior to a form of government election. If assistance is required by another community, members may respond.
Presentation of Issues. Members may assist their governing body in the presentation of issues involved in referenda such as bond issues, annexations, and other matters that affect the government entity’s operations and/or fiscal capacity.
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.
PM Magazine Article
Since the local government manager is usually the most highly compensated employee in the organization, the pay offered to attract, retain, or sever ties with them is a highly visible, sensitive, and sometimes political issue. For this reason, managers should ensure their efforts to obtain the compensation they deserve are reasonable and conducted in a transparent and fair process.
Consider the following best practices for executive compensation:
- The governing body has a governance role to play. The governing body should create a compensation committee of the governing body or committee of the whole to design and implement the framework for setting the manager’s compensation.
- Compensation must be benchmarked to comparable local government or public sector agencies.
- Expert advice is important. When the manager may be that expert, it is a conflict of interest to serve in that role when the manager is the beneficiary of the outcome. Encourage the governing body or chief elected official to engage experts, whether contracted or in-house, as necessary to provide this advice and information.
- The entire governing body must make decisions on compensation and benefits in a public meeting. In the interest of transparency, the pay plan with compensation ranges for local government positions, including for the manager, should be publicly accessible on the organization’s website.
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 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.
Resource
PM Magazine Articles
- Negotiating Employment Agreements and Compensation (February 2021)
- The Ethics of Compensation (February 2016)
- Second Acts: How To Survive An Ethics Misstep (March 2015)
- Navigating the Job Search Process (May 2014)
ICMA members may be asked to raise funds for ballot initiatives, community projects, and other interests.
All fundraising activities are governed by these key principles:
- Do not leverage your position for personal gain. Tenet 12 of the ICMA Code of Ethics and its guideline on gifts remind members not to leverage their position for personal gain and avoid soliciting money if the individual or the individual’s organization might view the contribution as a “favor” and expect special treatment from the member in the future. Members should exercise good judgment and refrain from soliciting funds from a business if they have a specific issue that may be coming before the local government in the near future for action or a decision.
- Refrain from asking employees to donate. Members may provide employees with information about the cause and give them an opportunity to donate if they are so inclined. Do not directly ask a subordinate to donate since this may create a situation where employees feel uncomfortable or even coerced into donating.
- Exercise discretion. Members should feel free to decline to participate in fundraising activities for any cause if they feel it is inappropriate. An option to consider is to serve in a strategic capacity offering advice on fundraising rather than personally doing the direct ask.
- Do not fundraise for candidates seeking elected office. Tenet 7 of the ICMA Code of Ethics reminds all members in service to a local government (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.”
There are a few areas concerning fundraising worthy of additional guidance:
- Projects in the Employing Local Government: To promote transparency in the process, a member should take these steps:
- Obtain governing body approval for the fundraising effort.
- Provide clear guidance and direction to staff who may be engaged in fundraising.
- Publicly announce a fundraising campaign is under way and outline the parameters of the campaign in writing.
- Regularly report on the sources and amounts of donated funds and services.
- Ballot Measures: Tenet 7 of the ICMA Code of Ethics has a guideline on “presentation of issues” that defines how members can engage in these areas. Members may assist their governing body in the presentation of issues involved in referenda such as bond issues, annexations, and other matters that affect the government entity’s operations and/or fiscal capacity.
- Financial contributions to a Political Action Committee organized to promote an issue: When advocating for an issue, comply with all legal requirements that may apply and consider the governing body’s position on the issue. If the governing body has taken an official stance, members may be obliged to represent the official position of the governing body. If the governing body has not taken an official position or is split on the issue, carefully consider how engaging in fundraising for the measure may reflect on your official responsibilities and your relationship with the governing body.
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.
There are very limited circumstances when it would be acceptable for a member to offer an endorsement. Provided the member does not receive any compensation, a member may endorse books or other publications; professional development or educational services a recognized educational institution or nonprofit membership organization like ICMA provides; or products and/or services where the local government has a direct economic interest such as in the case of a city-owned convention center.
Members are free to provide a verbal reference for vendors during a competitive procurement process or in response to a direct inquiry as well as serve as a professional reference during a recruitment process.
Applicable Tenet and Guideline
Tenet 12. Public office is a public trust. A member shall not leverage his or her position for personal gain or benefit.
Guideline on Endorsements. Members should not endorse commercial products or services by agreeing to use their photograph, endorsement, or quotation in paid or other commercial advertisements, marketing materials, social media, or other documents, whether the member is compensated or 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
- Guardrails for Managing Relationships with Vendors (October 2022)
- The Murky World of Endorsements (November 2020)
There may be situations where a member serves in more than one position even for a short period of time. If faced with this circumstance, it is important to disclose to the governing body the potential conflicts with the member’s primary role so they can be appropriately managed.
There is also the need to fully think through the issue of compensation to ensure any raises for taking on additional responsibility are in line with the local government’s compensation policy and would not be so excessive or exorbitant as to undermine public trust. Some examples are if the manager needs to temporarily fill in the role of human resources director for a few weeks until that recruitment process is complete, or the local government is considering a policy change that would permit the assistant city manager to simultaneously serve as the executive director of the city’s economic development agency.
Applicable Tenet 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.
Political neutrality has been a long-held value of the local government management profession and has been included in every version of ICMA’s Code of Ethics since the membership first adopted it in 1924. Public trust and confidence in the organization to serve all members of the community equally relies on professional staff making recommendations to the governing body that are free from political bias.
When Tenet 7 was last reviewed with the membership, the board approved the addition of a personal advocacy guideline to help members better understand their ethical obligation regarding issues of personal interest. The guideline recognizes members have a right to voice their opinion on public issues, and before taking this step, they should consider the impacts of their actions on the organization and the community. Finally, members may engage in issues of personal interest only when it does not present a conflict with their professional responsibilities.
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 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.
