ethics sneapa 2016 10 15_16
TRANSCRIPT
PLANNING ETHICS ETHICS OF DIGITAL COMMUNICATION AND
DEALING WITH ROGUE BOARDS
Southern New England Planning Conference October 21, 2016
Bob Mitchell, FAICP, Robert Mitchell & Associates ConsultingAl Ranaldi, AICP, Town Planner, Lincoln, RIKristin Kassner, AICP, Town of Burlington , MABrian Smith, Attorney, Robinson and Cole
“Always do right. This will gratify some people and astonish the rest”. - Mark
Twain
Why we talk about ethics
Why talk about ethics? Citizens have a right to expect that their planners
will help elevate governance, not fall to its more base level. Citizens should also expect Boards to embody similar ethical principals in their deliberations.
Planners and Board members have ethical responsibilities to their colleagues, their clients and their communities.
Ethics scenarios are rarely “cut and dried” and often contain a high level of nuance. This session should help to develop reasoning and reflection skills that can be applied in everyday situations.
We are Communicators Every process involves communicating
with diverse stakeholders We play varied roles as communicators
Educators Listeners/Conveyors Mediators Advocates Community Group Therapists Facilitators
Ethical Quicksand
Client v. Community Technology Framing Issues (honesty, clarity,
completeness) Confidentiality v. Openness Facilitation v. Advocacy
AMENDED AS OF 4/1/2016
AICP Code of Ethics
AICP Code of Ethics and Professional Conduct: Five Sections Principles to which we Aspire – ideals to
which we are committed Rules of Conduct – rules to which we are
held accountable Procedures – how to obtain a formal or
informal advisory ruling Procedures – how complaints are filed and
investigated Procedures – forms of disciplinary actions
The slides that follow on the AICP Code are brief summaries of the Code. The full text of the Code can be found athttp://www.planning.org/ethicscode.htm
Principles to which we Aspire
1. Our Overall Responsibility to the PublicOur primary obligation is to serve the public interest
a) Be conscious of the rights of othersb) Have special concern for long range consequences of
actionsc) Pay special attention to interrelatedness of actionsd) Provide timely, adequate and clear informatione) Give people opportunity to have meaningful impact on
plans and programs that may affect themf) Seek social justice; Expand choice and opportunity for
all; Plan for the needs of the disadvantaged; promote racial and economic integration
g) Deal fairly with all participants in the planning process
Principles to which we Aspire
2. Our Responsibility to our Clients & Employers
We owe diligent, creative, and competent performance of the work we do, but consistent with our service to the public interest
a) Exercise independent professional judgmentb) Accept the decisions of our client or employer unless
action is illegal or inconsistent with our obligations to the public interest
c) Avoid conflicts of interest or the appearance of a conflict of interest in accepting assignments from our clients or employers
Principles to which we Aspire
3. Our Responsibility to our Profession and Colleagues
We shall contribute to the development of, and respect for, our profession by improving knowledge and techniques, making work relevant to solutions of community problems, and increasing public understanding of planning activities.
a) Protect and enhance the integrity of the professionb) Educate the public about planning issuesc) Be fair and professional toward other professionalsd) Share results of our experience and worke) Professional work should be tailored to the particular situationf) Contribute time and resources to professional development of
others
Principles to which we Aspire
3. Our Responsibility to our Profession and Colleagues, continued
g) Increase opportunities for underrepresented groups to become planners and to advance in the profession
h) Enhance our professional education and trainingi) Analyze ethical issues in our planning practicej) We shall contribute time and effort to groups lacking
adequate planning resources and to voluntary professional activities
Rules of Conduct: There are 26 Rules of Conduct
Rule 1. We shall not fail to provide adequate, timely, clear and accurate information on planning issues
Rule 2. We shall not accept assignments we know to involve illegalities or to be in violation of these Rules
Rule 7. We shall not use confidential information to our personal advantage and shall not disclose confidential information (see exceptions)
Rule 8. We shall not as, as public officials or employees, engage in private conversations with planning participants if the discussions relate to matters we have decision-making power if such conversations are prohibited by law, rules, regulations or custom
Rule 9. We shall not engage in private discussions with decision makers in the planning process in any manner prohibited by law or by agency rules, procedures, or custom.
Rule 18. We shall not direct or coerce other professionals to conduct an analysis or make findings not supported by the evidence
Rule 25. We shall neither deliberately not with reckless indifference commit any wrongful act that reflects adversely on our professional fitness
Recent Changes to the Code as of April 1, 2016
Reduced complexity in complaints and charges procedures and reduced number of steps for decision making and appeals.
Increase emphasis on education and remediation.
Eliminate prosecutorial "hearing officer“ role and replace with an increased role for the Ethics Committee and Ethics.
Increase communication of case activity and advisory opinions.
Section C is now “Advisory Opinions” Formal or informal advisory rulings Investigation & decision by Ethics
Officer/Committee Section D is now “Adjudication of
Complaints of Misconduct” Filing of complaint Case settlement Appeal
Section E is now “Discipline of Members” Forms of Discipline Conviction of Crimes Unethical Conduct Reinstatement
Shift In Communication Opportunities and NeedsEthics of Digital CommunicationCommon Issues in Digital Communication
Ethics of Digital Communication
Radical Shift In Communication Opportunities and Needs
Communication is central to our profession and to our code of ethics
Communication opportunities and requirements have changed not only due to technology, but due to diversity in our population.
We have an ethical responsibility to respond appropriately to the new communication technology and to the diverse needs of our constituents
Ethics of Digital Communication Use of new technology creates new
expectations and responsibilities Used judiciously, digital communication can
be an invaluable tool and can ensure more inclusive, effective, and efficient public dialogue
Used unwisely, it can exclude and disenfranchise certain groups, erode respect for the profession, and mislead the public, in violation of our Code
Issues in Digital Communication
Keeping information up-to-date and accurate Ensuring the wrong kind of message doesn’t go out
Breaching confidentiality Inappropriate materials
Ensuring that open government laws are not violated
Preventing manipulation of public dialogue Avoiding over-reliance on digital communication
and thereby limiting accessibility to certain groups Not taking advantage of increased ability to reach
other groups (e.g., Limited English Proficient individuals)
Many things obvious, some subtle…where are the red rags, take note!
Hypotheticals: Two scenarios presenting ethical issues
Questions
What was the level of communications among the board members, staff, applicant and public?
What could the non-speaking members of the PB done differently?
Is the pledged “annual fundraiser for the fire department” a problem? If so, why?
Ronnie Roughshod indicated that the application was reviewed beforehand with the town planner and a couple of the board members. Does this raise issues?
How could have Robin Retro helped support all PB members?
Should Robin go home and update her LinkedIn account, and revise her resume?
Other RED FLAGS?
AICP Ethical Principles Involved1. Our Overall Responsibility to the Public
a) Be conscious of the rights of othersd) Provide timely, adequate, clear and accurate informatione) Give people opportunity to have meaningful impact on plans and programs that may affect themh) Deal fairly with all participants in the planning process
3. Our Responsibility to our Profession and Colleaguesa) Educate the public about planning issues
Rules of Conduct Rule 1. We shall not fail to provide adequate, timely,
clear and accurate information on planning issues.
Questions What could Luke have done differently when
meeting Mickey Green over the avocado bin? What advice could you give as Robin Retro to
Luke? Is there a problem with Luke Lips providing
information to Robin Retro regarding the potential TCE contamination?
Why did Robin Retro ask if the motorcycle was part of his independent knowledge?
What role did the avocados play in this scenario? Other RED FLAGS?
AICP Ethical Principles Involved
1. Our Overall Responsibility to the Publica) Be conscious of the rights of othersd) Provide timely, adequate, clear and accurate informatione) Give people opportunity to have meaningful impact on plans and programs that may affect themh) Deal fairly with all participants in the planning process
3. Our Responsibility to our Profession and Colleaguesb) Educate the public about planning issues
Rules of Conduct Rule 1. We shall not fail to provide adequate, timely,
clear and accurate information on planning issues. Rule 8. We shall not engage in private discussions in
any manner prohibited by law or regulations
The Attorney’s Role City Lawyer or Town Counsel City lawyer’s role in the public hearing
setting How planners can utilize lawyers when
complying with the code and otherwise.
QUESTIONS
https://www.planning.org/ethics/ethicscoderevision.htm (Effective April 1, 2016)
AICP Code of Ethics
Thank youBob Mitchell, FAICP Robert Mitchell & Associates Consulting [email protected]
Al Rinaldi, AICPTown Planner, Lincoln, [email protected]
Kristin E. Kassner, AICPTown of Burlington, [email protected]
Brian Smith, AttorneyRobinson and [email protected]