a new approach to ‘public trust’ – ethics and integrity ... · a new approach to ‘public...

A New Approach to ‘Public Trust’ –

Ethics and Integrity for Public Officials

Howard Whitton

The Ethicos Group

National Institute for Governance and Policy Analysis

The University of Canberra

www.ethicos.net

© Howard Whitton 2016

Clarifying Ethics language, since 1965…

‘Professional Ethics’

Codes of Conduct

Life, Liberty,

Happiness, Peace…

Integrity…

( ‘Values-talk’)

‘Everyone ought to

live their lives so as

to be in harmony

with others’.

(General Principles)

”Avoid Conflicts of

Interest”

(Laws, Rules, about role-

based duty, ‘Trust’

obligation)

Clarifying Ethics practice, since 1980 -

“Everything is connected to everything else”

(Erwin O Schumacher)

“Good people, without good institutions,

will not survive…

…and good institutions, without good people,

will fail.”(HW)


Ethics Codes: ‘Organisationally, you are what you value’

• ‘The Code of Ethics is one way an organisation explains its Core

Values and ethical standards, and its role, to its staff, its

citizens/clients, and the world at large, in a quasi-contractual form

of public undertaking, which invites judgment’. (ASPA)

• Ethics Codes are “The Rules of the Game” – change the rules, and

you change the game. (Defence Canada)


1987 – 2017: Two new objectives

• Then: Internal - control of conduct, by elite

• Now: Accountability – for Integrity’, ‘Trust’

• Then: Knowledge: of rules, procedures, ‘red tape’

• Now: Competence: applying ‘core values’, in

context of role-integrity, ‘Public Trust’


‘Role Ethics’ - a minimalist approach…

All Ethics Codes can be summarised:

• ‘Act responsibly’

• ‘Control Conflicts of Interest’

• ‘Above all, do no (avoidable) harm’

Reliable application of these principles in context is

the principal task in any trust-based role…


Understanding Conflict of Interests -

the key to everything

• ‘Give me your best advice, not what you

think I may want to hear, in the hope of

reward. Otherwise I will not be in a

position to make good decisions.’

Umar, 2nd Caliph, 6th Century Baghdad


‘The Conflicting Interests Triangle’


‘Conflict of Interests’ - OECD

‘A Conflict of Interest situation exists when

an official has private-capacity interests

which could affect the proper performance of

their duties or responsibilities’.

(Source: OECD 2004)


The citizen* in society… (Quick version)

Citizen’s* rights…. and… interests

*Citizens live their lives ( = enjoy rights and pursue interests) within a

society, regulated by: social values, ethics norms, community

standards, rules, laws, religious precepts, The King, etc…

‘Duty’ and

Liberties

(as defined)


The citizen’s relationship to ‘Government’

Government

Official’s role / duty impacts on a citizen

Citizen’s and ‘employer’)… rights and interests

Official is trusted - by Government and citizens - to perform duty

lawfully and fairly, and unaffected by any personal interest.

“Public trust”


Why a Conflict of Interests is not Corruption (yet)

Official’s personal

interest*

Official’s role / duty*

Citizen’s rights, … and… interests

*Official has a personal interest which could (in principle) improperly

affect their performance of duty, but it has not yet done so.

Trust in the official’s integrity – and that of the system – is at risk.

Trust ?


When a Conflict of Interests becomes ‘Corruption’ …

Official acts ‘improperly’ to

advance a personal

interest*

Official’s role / duty

Citizen’s (and employer’s) rights, and…interests

*Official’s private interest has improperly affected their performance of

duty, ( = abuse of office / Misconduct / Corruption)

Trust in the integrity of the official and the system is damaged.

Trust


Resolving a Conflict of Interests situation #1 -

Recusal

Official retains

conflicting interest*

Alternative Decisionmaker…

Official’s role / duty

Citizen’s (and employer’s) rights,… and… interests

*The official function is performed independently, on a temporary basis.

(This would not work for President Trump.)

Integrity, Trust and ‘trustworthiness’ are maintained.

Trust √


Resolving a Conflict of Interests situation #2 –

Disposal of the conflicting interest (where possible)

Official disposes

of conflicting

Official’s role / duty interest

Citizen’s… (and ‘employer’) rights, and… interests

The interest is disposed of (liquidated, resigned, placed in ‘Blind Trust’).

The official duty or function is unaffected by the private interest.

Integrity, Trust and ‘trustworthiness’ are maintained.

Trust √


A ‘Role Ethics’ Approach to

decisionmaking for officials


“This might not be ethical. Is

that a problem for anyone?

‘What (exactly) is the Ethics problem?’ -

Different people ‘see’ the same case differently -

according to their professional orientation, personal

experience, personal values, ‘culture’, training, context…

– 1. How to identify what is important ?

– 2. How to resolve the issue / case ?

– 3. How to justify the decision taken ?


‘The Big E’-

An Ethical

Decisionmaking

template…


‘Law:

Is the conduct

lawful ?…’


‘Fairness /Respect:

Is the conduct fair,

and reasonable ?…’

Law


‘Integrity:

Does the conduct

involve a breach of

trust, or a conflict

of interests?…’

Law

Fairness,

Respect


‘Diligence:

Does the conduct

demonstrate due

diligence in

performance of the

role?…’

Lawfulness

Fairness,

Respect

Integrity


‘Economy, Efficiency:

Does the conduct

demonstrate

appropriate economy

and efficiency,

service, avoidance of

wasted resources?

Lawfulness

Fairness,

Respect

Integrity

Diligence


‘Codes and rules,

Standards,

‘Mission’:

Is the conduct

consistent with

established policy?

Lawfulness

Fairness,

Respect

Integrity

Diligence

Economy &

Efficiency


‘Community

values’ &

Personal ethics:

Is the conduct

consistent with

our Core Values

and ethics code?

Lawfulness

Fairness

Integrity

Diligence

Economy &

Efficiency

Policy


‘Organisational

Culture’:

Is the conduct

consistent with

our culture and

good practice?

Lawfulness

Fairness

Integrity

Diligence

Economy &

Efficiency

Policy

Community

Values;

Personal

ethics/values


?

Lawfulness

?

Fairness

?

Integrity

?

Diligence

?

Economy &

Efficiency

?

Policy

?

Community Values;

Personal ethics and

values

?

Organisational

culture and practice


‘The Big E’-

Eight steps to

ethical

decisionmaking…


In summary:

If we do not teach Professional Ethics and the Integrity

System to our professionals, it is unlikely that they will

understand their Code of Conduct.

- But if we do, it is unlikely they will need one.


A New Approach to ‘Public Trust’ –

Ethics and Integrity for Public Officials

Howard Whitton

The Ethicos Group

National Institute for Governance and Policy Analysis

The University of Canberra

www.ethicos.net

a new approach to ‘public trust’ – ethics and integrity ... · a new approach to ‘public...

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