Ethics Training for Supervisors

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Ethics Training for Supervisors
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What are Ethics?

• Standards of conduct which indicate how one
  should behave based on principles of right or
  wrong.

Ethics is an action concept, not something to
think or argue about.
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Ethics vs. Personal Standards
In a recent Josephson Institute survey many
respondents asserted this view of ethics with
comments such as Ethics is a personal issue
and whatever a person can sleep with, so be it,
and My ethics are good according to my
standards. They may not be the best, but they
work for me.
The ultimate test of character and ethical
commitment is whether we are willing to do the
right thing when it is not in our personal best
interest to do so.
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Ethics and Morality
Historically, there is no difference between the
terms.
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Ethics
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Unethical Justification
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Ethics Questions

• Is the conduct Im considering consistent with my
  obligations to be trustworthy?
• Am I prepared to be truthful, sincere, and
  candid?
• Is it consistent with what I believe and what I
  say?

• Will I be treating everyone with appropriate
  respect?
• Is my conduct courteous and civil?
• Can anything I am doing be reasonably construed
  as an act of prejudice or intolerance?

• Is the conduct I am considering consistent with
  my responsibilities?
• Am I being accountable for what I am doing or not
  doing?
• Am I really pursuing excellence?

• Is what I am considering doing fair to all
  concerned?
• Is the conduct consistent with principles of
  equity, equality, impartiality and openness?
• Am I doing what I ought to do as a good citizen?
• Am I breaking any laws or rules?

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Board Expectations

• Supervisors may not be full or part time district
  employees.
• CD Board members are called Supervisors and are
  elected to serve 4 year terms.
• It is policy of the CSCB that CDs maintain a
  full board and that a vacancy is filled in a
  timely manner.

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Compensation

• May not exceed 5,000 annually.
• Supervisors can ONLY receive compensation for
  travel and expenses incurred in the process of
  discharging their duties. (C.R.S. 35-70-107.)
• Payment MUST be directed through Board approved
  procedure or as set in the CD Bylaws.

Ethics prohibit the acceptance and solicitation
of gifts, compensation or loans by an elected
official. Elected officials may accept an
occasional gift having a value of 50 or less.
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Nepotism
Nepotism means that no public official may
employ, appoint, vote for, or recommend a
relative for employment.
Nepotism creeps up in all manners in everyday
life and in the workplace as well. Have you ever
been asked to get someone a job? Float their
resume around? To lobby for a particular
candidate because its someones brother, cousin,
spouse or friend? And its always a bit
disconcerting to reconcile the different thoughts
and emotions that accompany such a request. On
one hand, you have someone whos in need of a job
asking you for help. If you were in their spot,
youd probably be doing the same right?
Especially in this economy. On the other hand,
should networking (politically correct) or
nepotism (calling it what it is) be a factor in
which candidate ultimately lands that spot and
which one doesnt? Does this guy deserve your
spot?
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Confidentiality

• Confidentiality is one of the most frequently
  violated rights in many different fields of work.
• It is not hard to understand how this happens. We
  are reminded to maintain confidentiality, but all
  too often reminders of how it is breached and
  examples of how to avoid breaching
  confidentiality are difficult to come by.
• Be aware that it is your responsibility to
  protect confidential information revealed during
  discussions, proposals, or negotiations.
• As a Supervisor you will gain access to
  information that is considered to be confidential
  and/or proprietary. Such information relates to
  submitted proposals, criteria or decisions made
  with regard to your CDs business.

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Conflict of Interest

• A conflict of interest occurs when a Supervisor
  or an employee has competing interests or
  loyalties that are, or could be, at odds with
  each other.
• Interests of a board members dependent
  children, and/or member of a board members
  immediate household, should be disclosed and
  regulated by the conflict of interest policy
  applicable to board members in the same manner as
  are conflicts of the board member.

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Conflict of Interest

• To address actual or potential conflicts of
  interest
• An elected official must publicly declare a
  conflict of interest prior to discussion,
  recommendation, vote or other official action on
  an issue.
• The declaration must be recorded in the minutes.
• The supervisor with the conflict of interest may
  choose to refrain from participating in
  discussion and official action.

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Fair Treatment

• No public official or state employee shall use or
  attempt to use his or her official position to
  secure special privileges or exemption for
  himself or herself or his or her spouse, child,
  parents, or other persons standing in the first
  degree of relationship, or for those with whom he
  or she has a substantial financial relationship
  that is not available to others except as may be
  otherwise provided by law.
• A board member of an entity receiving state funds
  may participate in, vote on, influence, or
  attempt to influence an official decision in two
  situations

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Non-Discrimination

• Discrimination is prohibited in program delivery.
  The U.S. Department of Agriculture requires the
  following nondiscrimination statement shall be
  posted in all offices of programs that receive
  federal assistance and included in full on all
  materials regarding such recipients programs
  that are produced for public information, public
  education, public distribution.

In accordance with Federal law and U.S.
Department of Agriculture policy, this
institution is prohibited from discriminating on
the basis of race, color, national origin, sex,
age, or disability. (Not all prohibited bases
apply to all programs.) To file a complaint of
discrimination write to USDA, Director, Office of
Civil Rights, 1400 Independence Avenue, S.W.,
Washington, D. C. 20250-9410 or call (800)
795-3272 (voice) or [phone] (TDD). USDA is
an equal opportunity provider and employer.
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Employment Practices

• The laws determining what conduct, or pattern of
  conduct, constitutes actionable employment
  discrimination are complex so Conservation
  Districts should contact their Conservation
  Specialist immediately after receiving a report
  of employment discrimination to review individual
  circumstances.
• More information about employee/district
  supervisor relationships is available in the
  Employee Relations module.

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Hiring/Promotion

• Under Federal law, an employer doesnt have to
  hire, or promote, the most qualified applicant.
  But the employer cannot base decisions on
  personal characteristics that are not
  job-related.
• These characteristics typically include

• Age
• Sex
• Race
• Religion
• National origin
• Disability

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Interviews

• An interviewer cannot ask questions relating to
  these characteristics. Examples of interview
  questions that arent allowed include

• Are you married? Are you planning to get married?
• Do you have children? Are you planning to have
  children?
• Where were you born?
• Whats your sexual orientation?
• Have you ever been arrested?

An interviewer can, however, ask about personal
characteristics if it could hinder the ability to
fulfill the job requirements. Some examples might
be

• Have you ever been convicted of a crime?
• Can you prove that you are eligible to work in
  the US?
• Can you do this job with, or without, reasonable
  accommodations?

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At Will Employment

• Colorado employees not working under an
  employment contract are deemed to be At-Will.
  At-will employees may be terminated for any
  reason, so long as it is not illegal. Illegal
  reasons for termination fall into one of two
  large categories

• Illegal discrimination or illegal termination in
  violation of a public policy.
• When an employees employment is for an
  indefinite term, either party may terminate the
  relationship without cause or at-will, except
  where an at-will employee relies on a personnel
  manual or employment agreement that expressly
  states that he or she cannot be discharged except
  for cause. In this case, the employee may not be
  arbitrarily discharged in violation of such a
  provision.

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Employee Handbook
While an employer is not required by law to have
an employee handbook, it is recommend. An
employee handbook provides a centralized,
complete and certain record of the Conservation
Districts policies and procedures. At a minimum,
an employee handbook should include

• A statement regarding the at-will employment
  relationship
• An equal employment opportunity statement
• A policy regarding sexual and other types of
  harassment in the workplace
• Internet access, e-mail, and voice mail policies
• Job descriptions for each employee typed and on
  file

The laws regarding an employers duties and
responsibilities arising under an employee
handbook are complex, and a conservation district
should contact CSCB to review unique situations
not covered in the Employee Handbook, located
online at CSCBs website (www.colorado.gov/ag/cscb
).
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KEY POINTS

• The USDA sets a non-discrimination statement for
  Conservation Districts to follow.
• It is important for supervisors to know
  employment law.
• Board supervisors can not be district employees.
• Supervisors can ONLY receive compensation for
  travel and expenses incurred in the process of
  discharging their duties.
• Payment MUST be directed through Board approved
  procedure or as set in the CD Bylaws.