Beyond AB1234: Applying Ethics in the Workplace

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Beyond AB1234Applying Ethics in the Workplace

• Presented by
• Mark Meyerhoff

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What is Ethics?

• A set of moral principles.
• The discipline dealing with what is good and bad.
• Ethics from ethos meaning how to live

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What is the Right Thing to Do?

• Values
• What are the values necessary in business/the
  public sector?
• What are the values that are central to your
  business/agency?
• The Law

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Basic Values

• Honesty/Truthfulness
• Truthful with employees and the public
• Evaluations
• Communications
• Keep your promises
• Do not place personal interests above your public
  service

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Basic Values

• Respect
• Treat all employees with dignity
• Act professionally
• Focus on issues not individuals
• Involve employees in decisions

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Basic Values

• Responsibility
• Never delegate accountability
• Ensure efficient use of agency resources
• Financial
• Equipment
• Materials
• Maintain confidentiality
• Enforce the rules

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Basic Values

• Fairness
• Apply rules equally and without bias
• Make decisions based on merit not opinions or
  personal interests
• Provide same level of service to all members of
  the public/customers

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Basic Values

• Compassion
• Make government accessible to members of the
  public
• Provide efficient service to less fortunate
  members of society
• Treat members of public with dignity and empathy

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Basic Values

• Public Service
• Be aware of public perception
• Promote transparency in government actions
• Treat public with respect, dignity and courtesy

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Choosing The Right Thing to Do

• Not always easy
• Ethical dilemmas
• Confidence v. Disclosure
• Feelings v. Honesty
• Team v. Individual

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Ethical Dilemmas

• The personal cost problem
• Decisions can lead to detriments
• Friendships
• Personal finances
• More work for you
• Dealing with problems caused by decision
• Ethics making the right decision not the
  easy decision

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Ethical Dilemmas

• The no clear answer problem
• Any decision may potentially be the right one
• Need to employ a decision-making process

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The Law

• Conflicts of interest laws
• Government Code 1090
• Government Code 87100
• Government Code 1126
• Form 700

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Government Code 1090 Conflicts

• General Rule
• A public officer or employee may not make
  contracts in which he or she is financially
  interested.

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Effect of 1090 Conflict

• Insufficient for interested party to abstain from
  voting
• Insufficient if contract is fair, just and
  equitable
• Or even if more advantageous than another
  contract
• No good faith defense
• Contract is void

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Political Reform Act Conflicts

• General Rule
• No public official may make, participate in
  making or in any way use or attempt to use
  his/her official position to influence a
  governmental decision in which he/she knows or
  has reason to know he/she has a disqualifying
  financial conflict of interest.

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Effect of Conflict

• Member of board, council, or commission must
• Publicly declare the specific interest
• Leave the room / refrain from participating
• Employees / Officials No clear requirements

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Government Code 1126

• Cannot
• Use agency time, facilities, equipment, supplies,
  prestige, influence for private gain or advantage
• Accept money or consideration from third party
  for performance acts required to perform for
  agency during regular course of business
• Engage in off duty conduct whose time demands
  render performance of duties less efficient

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Reasons for Unethical Behavior

• Entitlement
• Group Mentality
• No Victim
• Financial Pressures
• RATIONALIZATION!!!!!

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How to Promote Ethics

• Enforce and promote code of ethics
• Recognize and reward ethical behavior
• Set a personal example
• Make decisions which embody values

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Case Study 1

• A co-worker informs you that he is going to
  leave the City in three months to start his own
  company. He swears you to secrecy and you agree
  not to tell anybody. Three days later, you learn
  that the supervisor intends to promote the
  co-worker to a position for which you also
  applied.

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Case Study 2

• The son of a close family friend is applying for
  a position with the Department. You are at the
  friends house for a party and the son asks you
  what he can expect at the job interview the next
  day. You will not be conducting the interview,
  but you do know the questions.

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Case Study 3

• Your boss tells you that one of your employees
  is among several others to be laid off soon, and
  that you should not tell your employee yet or he
  might tell the whole department which would soon
  be in an uproar. Meanwhile, you just had a
  discussion with the employee in which she stated
  that she is very close to purchasing a new house
  and braces for her daughter.

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Case Study 4

• Joan was recently hired to work as a
  receptionist for the front lobby. She is
  responsible for making copies of documents for
  Department employees. Her son, John, comes in
  one morning because he needs copies of a school
  project. He has brought his own paper and needs
  300 copies for the class. He states that if he
  doesnt bring the copies he will fail the
  project. The City copier does not require a
  security key, nor does it keep track of copies
  made by specific departments.

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Case Study 5

• Ruth has been working for the District for a
  week. Her supervisor notices that Ruth does not
  smell fresh and her clothes look as though they
  have not been regularly washed. Ruth has to work
  in a cubicle near approximately five other
  employees. No other employee has approached the
  supervisor about Ruth, but he notices that a few
  of the employees notice Ruths smell and hold
  their breath when she walks by. The District has
  a dress code policy which provides that employees
  should practice good hygiene.