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Model Code - Introduction I CityEthics.org Page 2 of 3
<br />3 that it provide effective administration, featuring an independent ethics commission with teeth, which gives swift
<br />advisory opmions, which has a monopoly on interpreting and enforcing the code, which can give waivers for exceptions,
<br />and which provides training for all city officials and employees, as well as for everyone who does business with the city;
<br />4. that it provide whistle-blower protection so that city employees (the people who know whaYs going on) and others will
<br />be able to report violations without endangering their jobs and pensions
<br />The other essential element of an effective ethics code is that it be the center of an ethical environment. Rarely is the passage of
<br />an ethics code the result of an ethics environment. More commonly, it is a response to a scandal or series of scandals in an
<br />environment where unethical behavior has been accepted, up to a point. In such instances, work on a new or revised ethics code
<br />can be an exercise m political oneupmanship.
<br />But the writing or revision of an ethics code can also be an occasion for, and centerpiece of, the founding of an ethical
<br />environment. The discussion of a new or improved ethics code can help a community determine its goals and ideals, and identify
<br />conduct that is consistent and inconsistent with an ethical environment. It can also provide guidance that will help people in and
<br />out of government think and act more ethically. Out of this process should come, besides the code itself, an ongoing ethics
<br />education system and an organized as well as mformal system of rewarding ethical behavior and the examination of issues
<br />through an ethical as well as a practical lens.
<br />If a community's leaders intend an ethics code to be a bandage, the ethics system will not function properly. If it is a true reflection
<br />of community leaders' aspirations and ideals, then the ethics code will not only function as part of an all-encompassing elhical
<br />environment, it will be almost unnecessary except as a process that keeps inspiring and motivating officials and employees to
<br />think and act ethically.
<br />Cities will want to make changes in the language of certain of the model provisions, but they should be careful that the changes
<br />do not undermine the purpose and spirit of the provision, unless that is the stated intent. Also, the language in this model code is
<br />intentionally as readable as possible. Many lawyers will say that the language musl be more formal, but the question is, Which is
<br />more important: the ability of ordinary municipal employees and officials to understand a code that guides their ethical conduct, or
<br />the preference lawyers have for familiar, usually more complex or vague terminology?
<br />Few municipalities will want to include everything in this model code, but it is definitely worth discussing all the provisions. Certain
<br />provisions that may seem expendable will not seem that way after deliberation among a number of people. For example, it can be
<br />difficult for a dty's leaders to allow an ethics commission to have the power to not only reprimand politicians and administrators,
<br />but even fine or suspend them. When there is no public discussion, ethics codes invariably withhold this power from the ethics
<br />commission, or do not even create an ethics commission at all, but have a political body handle ethics matters
<br />And yet the most comprehensive ethical requirements have little value if an ethics commission has no teeth, that is. if it cannot
<br />enforce the code but can only make recommendations to elected officials. Since elected officials, those whom they appoint, and
<br />their friends and enemies constitute the great majority of the people who will be brought before an ethics commission, involving
<br />officials at the end of the process effectively makes the entire process a political one. Doing this announces to everyone, in and
<br />out of the government, that those who are friendly with elected officials are likely to get away with unethical conduct (whether this
<br />is true or not). Therefore, citizens will be less likety to file ethics complaints, and officials will be less likely to follow the code's
<br />requirements
<br />The fact that elected officials like to have the finai say Is itself a conflict of interest, because it is certainly not in the public interest
<br />to give them this final say. The more independent the ethics commission, the more it will be trusted by city residents, the less it will
<br />be used for political purposes, and the more respect its decisions will be given. When an ethics system is not perceived as
<br />independent, and ethics accusations are politicized, the ethics system can actually undermine the very confdence in government
<br />it is supposed to protect.
<br />Municipal officials and employees should not be expected to be all-knowing saints. The basic rule of any ethics code is simple and
<br />requires little knowledge: If you're not sure there is a conflict that could be seen as affecting your decision, ask for advice or
<br />withdraw from dealing with the particular matter. In other words, if doing anything seems to be wrong or to look wrong, don't do it.
<br />No one's parlicipation in a particular matter is indispensable.
<br />The provisions of this model code have been organrzed to make it easier for city officials and employees to understand what is
<br />expected of them. First come the more general ethical guidelines, which are not enforced by the Ethics Commission (however.
<br />people may ask the Ethics Commissions for advisory opinions concerning these guidelines). Second come the conflict of interest
<br />rules that are enforced by the Ethics Commission. Neut come the disclosure rules, exceptions, and penalties for violation of the
<br />code And then comes the Definitions section. Wherever a defined term is used, there is a star, so that people know that they can
<br />check the Definitions section.
<br />The second half of the code deals with the code's administration, The provisions of this part contain the necessary mformation
<br />about filing an ethics complaint, the formation, powers, and responsibilities of the Ethics Commission, and the enforcement of the
<br />code. This part comes last because it is primarily of interest to people who want to file a complaint. Most people will never have to
<br />read this part. This means that this part can be more technical, which it needs to be due to the requfrements of due process, that
<br />is, protections of the rights of those against whom ethics complaints are brought.
<br />Throughout this model code there are comments following sections or subsections There are two kinds of comment: (i) comments
<br />of the author intended for those who will consider this model code when writing or amending their city's ethics code: and (ii)
<br />comments intended to be part of the ethics code, that is, comments intended for the community, to clarify the code. Comments of
<br />http://cityethics.com/mc/introduction , 319 4/16/2010
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