Ethics

• Ethics is the application of reason to guide conduct so that it is consistent with the value system to which we subscribe

• Sources of ethical dilemmas

– Conflict among responsibilities (Legislator wants one thing but rules or professional standards dictate something else)

• Conflict between responsibilities and personal needs (work schedule and personal life)

• Obligations or rules that are unclear

Ethical dilemma

• While on patrol you pull over a car that is weaving all over the road. You walk up to the driver’s side and discover the driver is your father-in-law. He is drunk as a skunk.

What do you do?

Moral philosophies

• Absolutism: any breach of a value system is wrong

– 18th. Century philosopher, Immanuel Kant, said that it would even be wrong to misdirect a potential murderer who is looking for his quarry.

• Relativism: no absolute rules of behavior - moral judgments must take context into account.

– Utilitarianism (a branch of relativism) holds that behavior should be judged by its consequences:

• A 19th. Century utilitarian philosopher, John Stuart Mill, stated that actions are right to the extent that they produce a benefit “to all concerned”.

Ethical dilemma

• You have no evidence against the “number one man” of a criminal organization. You have barely enough to arrest the “number two man”. He is weak-willed, and if he winds up in handcuffs, away from the “gang”, he might be sufficiently scared to confess and implicate his boss.

Naturally that would place him in a lot of legal and personal trouble.

What do you do? Evaluate your options using absolutist and utilitarian approaches

Legislative decisions

• Special interests

– Legislative decrees must mediate between the interests of various groups and constituencies

• Personal interests

– Individual goals and desires may conflict with public roles

• Furthering non-government jobs and careers

• Furthering the interests of family and friends

• Fundraising and “pay to play”

Administrative decisions

• Policies or recommendations should be consistent with legislative intent, which supposedly reflects the will of the people

• Assuring responsiveness

– Limit discretion with detailed legislation

– Supervision and inspection

– Educating administrators in their responsibility to act in the public interest

– Insure that agency personnel are representative of population

– Involve citizens in making decisions

Individual decisions

• Conflicts of interest

– Personal gain

– Family and friends

• Recusal

• Vetting

Privatization

• Issues:

– Profit motive overrides other values

– Unequal distribution of products or services

– No public input into decisions

• Fixes:

– Use nonprofit organizations

– Detailed contractual language

– “Accountability structures” - supervision and inspections - are especially important when liberty interests are involved

Federal ethics rules

• Conflicts of interest

– Cannot decide or advise as to matters in which self, family or close associates have a financial interest

– Cannot accept gifts in connection with position, or from a subordinate (Exception: non-cash gifts worth $20 or less)

• Political activities

– Employees who are not SES or law enforcement can on their own time participate in most political activities, including running for nonpartisan office

– Cannot run for partisan office, solicit money, accept volunteer services from a subordinate, or be identified by govt. position

• Endorsements

– Cannot intervene with the Govt. on behalf of others

– Cannot officially endorse a private enterprise

• Private gain

– Cannot use travel credits or upgrades for self

– After leaving permanently banned from representing others before the Govt. on an issue in which they participated

– Two-year ban when matters were under their respb’y, but they did not “personally and substantially” participate

– To prevent “influence peddling” and “revolving door”, procurement officials involved in contracts greater than $10 million barred from accepting compensation from contractors for one year after leaving the government

• Financial disclosures

– Yearly financial disclosure form required for Federal supervisory and management employees

• Major obligations (other than mortgage or car)• Securities held• Private financial interests that might conflict with

official responsibilities

Lobbying

• Strictly regulated – Federal and State

– California Secretary of State

• Requirements to register

• Prohibitions on giving valuable gifts to legislators and staff

Waste, fraud and abuse

• “Whistle-blowing” by employees and the public

• Professional organizations and codes of ethics

– Example - American Society for Public Administration

– Inspections and audits

– Internal investigative units (US Dept. of Defense OIG)

• Organizations

– “Ethics audit” – review an organization’s values

• Ethics audit of General Dynamics, which had many defense contract violations, revealed cultural agreement that the Govt. was an “adversary” and that it was ok to take an advantage

– Integrity training