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.
Relationships in the workplace
When a member engages in a personal relationship in the workplace, it runs contrary to the member’s ethical duty as outlined in Tenet 3 to maintain public trust and confidence in the position as well as the member’s responsibility to mitigate the organization’s exposure to legal and financial risks.
Members have been sanctioned for the following personal relationships:
- A manager was not forthcoming with the governing body about her romantic relationship with the assistant manager until an anonymous letter prompted her to disclose it. This delay created the opportunity to place employees who were aware of the relationship in a difficult position and the relationship itself exposed the organization to significant legal and financial risks.
- An assistant manager failed to disclose an ongoing romantic relationship with his supervisor until an anonymous letter prompted him to do so. This relationship had the potential to strain the effective working relationships between the assistant manager and the other employees who report to the manager by causing unnecessary conflict within the organization due to the appearance of him receiving special treatment.
- A manager had a personal relationship with a subordinate employee for whom he made decisions on performance, promotions, and compensation. The manager and the subordinate employee lived together for at least the last six months of his tenure as the manager while he was her direct supervisor.
- A manager had a romantic relationship with a subordinate employee and later disclosed the matter to the governing body after the couple began dating. Throughout the course of the relationship, the member provided salary increases to the employee and performance evaluations.
- An administrator engaged in a personal relationship with a subordinate employee for approximately four months.
- A manager engaged in a personal relationship with a subordinate employee, failed to make timely disclosure of the relationship to the governing body, and took no steps to resolve the ethics issue the conduct created.
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 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.
Disclosure of personal conflicts
When a member has a conflict of interest in appearance or actuality or has received personal financial gain as a result of a relationship with an individual or organization, the member has an ethical obligation to disclose the potential conflict to the organization, as well as follow the organization’s appropriate policies and/or procedures in place as well as state law.
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 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.
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
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
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.
