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MAPD 2010 - Ethics
1. 2010 MAPD Annual
Conference, Plymouth, MA
EVERYDAY ETHICS FOR
PRACTICING PLANNERS
Curt Bellavance, AICP
Director of Economic and Community
Development
Town of North Andover
2. Today’s Discussion
I. Why Talk About Ethics?
II. Ethics Defined
III. Ethics Codes
IV. AICP Code of Ethics
V. Scenario Discussions
VI. Questions
VII. Resources
3.
4. I. Why Talk About Ethics?
Goal of Today’s Session:
Fulfill your 1.5CM ethics credit requirement!
Help develop reasoning and reflection skills that can be
applied in every day situations (instead of memorizing a code).
5. Why Talk About Ethics cont…
What planners do as planners
0% 5% 10% 15% 20% 25% 30% 35% 40% 45%
prepare policy 40%
advise politicians 32%
review development proposals 30%
undertake research 27%
advise senior staff 21%
administer policy 20%
facilitate community involvement 19%
prepare bylaws and regulations 17%
prepare development proposals 14%
administer bylaws and regulations 13%
conduct public involvement 13%
support a jurisdictional body 6%
teach 3%
other 20%
percent of respondents
Source: Witty, David. 2002. CIP Professional Practice Manual
6. Why Talk About Ethics cont…
• Citizen expectations. Planners having the ability to elevate
governance, not fall to its more base level.
• AICP planners must practice in accordance the AICP’s Code of
Ethics and Professional Conduct.
• Current code effective June 1, 2005. Codes in place for
planners since 1959 – long history and experience with ethics.
• Planners guided by both existing local and sometimes state ethics
provisions (State Ethics Commission).
• When none exist, must exercise common sense (aspirational
principles).
• Rarely “cut and dry” and often contain a high level of nuance.
7. II. Ethics Defined
What is an Ethics Code?
• Ethical codes address values and guiding principles,
codes of conduct and behavior that is appropriate
as well as prohibited.
Why Have a Code?
• To Enhance our Relationships by Creating a Mutually Beneficial
Environment that is both Pleasant and Productive;
• Define accepted or acceptable behaviors;
• Promote high standards of practice;
• Provide a benchmark for members to self evaluate;
• Establish framework for professional behavior & responsibilities
• The Code also aims at informing the public of the principles to
which professional planners are committed.
9. The Three R’s of Ethics for
Planners
Respect for each other and for rules
Responsibility for one’s own behavior
Results by acting with integrity
10. III. Ethics Codes & others
Ethical Principles in Planning (adopted 1992)
AICP Code of Ethics (2005)
The American Institute of Certified Planners Code of Ethics
and Professional Conduct can be accessed at
http://www.planning.org/ethics/ethicscode
State ethics code
MA: http://www.mass.gov/ethics/web268A.htm
11. IV. AICP Code of Ethics
A. Aspirational principles
B. Rules of conduct
C. “Procedures” for complaint
administration
W hen in conflict, the RULES rule!
12. A. Principles to Which We Aspire
• Responsibility to the Public
• Responsibility to our Clients and
Employees
• Responsibility to our Profession and
Colleagues
13. B. Rules of Conduct
• Conflict of Interest
• Confidentiality
• Representation
• Competency
• Plagiarism
• Disclosure
14. C. Our Code Procedures
• Informal Advice
• Formal Advice
• Advisory Rulings
• Administration of an Ethics Charge
1. Role of the Ethics Officer
2. Role of the Ethics Committee
3. Investigations
4. Hearings
15. • Letter or phone conversation with APA Executive
Director (currently Paul Farmer, FAICP).
• Because of issues of reliability and confidentiality,
e-mail communication is NOT to be used.
• PDOs encouraged to engage in conversations
about the Code, but NOT authorized to give
guidance.
16. 11 Total Cases
9 Cases Resolved
4 Cases Dismissed
1 Charge Withdrawn
2 Respondents' Membership Lapsed
2 Appealed Case Dismissals Upheld
2 Cases Pending
1 Charge Under Review
1 Complaint Under Review
Ethics Committee Actions
Upheld Dismissals of 2 Appealed Cases
Requests for Formal Advice
No requests
Slow increase in complaints since inception in 2005
17. Scenario 1:
Town planner Veronica Lodge is responsibility for code
enforcement. She owns a home in a PUD and notice that many
of her neighbors have erected fences that extend their backyard
into the shared greenway – claiming it as their own. How should
Veronica handle this situation? Do conflicts arise between her
role as property owner, neighbor, and public servant?
18. Scenario 2:
It’s the holiday season and your office is “bombarded” by
“gifts” of appreciation in the form of food, pastries, wine and
even a Hickory Farms gift basket – with no implication of
future favors or special treatment.
Can you enjoy
these treasures?
19. Scenario 3:
Two planners work together at a private firm for several years
before both joining the planning department in a large city. After
two years at the department, one of the planners returns to the
private sector (for more money). How does this change the
personal and professional relationship of the two planners?
Does the scenario change if
the planners are working in
a city with a small, resource-
strapped planning
department?
20. Scenario 4:
Ronald Trump is the asst. director
of planning for Urbanville and is
working with PavOver Consulting
on a redevelopment plan. After
several weeks, based on the
quality of Ron’s work, the head of
PavOver offers Ron a position at
the firm.
Are there ethical considerations
that would prevent Ron from
accepting this position?
21. Scenario 5:
BP Development, Inc. asks you, Town Planner Johnny Muir, to
help them select the team of lawyers and architects that you
would recommend, since you are familiar with who is good in
your community. How do you respond?
If you decide that giving advice on a team is not ethical, are
there other ways you can assist?
22. Scenario 6:
The Town of Hartmann hires
Greene Consulting, LLC to do
a comprehensive plan and
revise the zoning bylaw.
About 1 year after the project
is complete, another partner
in Greene Consulting is
retained by a developer to
process a zone amendment.
What disclosure is required?
23. Scenario 7:
Robert Marley is the city planning director appointed by the mayor.
The mayor owns a skybox at Fenway Park from his prior career.
He invites Robert and his wife to a game. Should Robert accept or
not? Fenway is partially financed by the city.
What if it’s BU skybox
seats and he offers
Robert tickets?
24. Scenario 8:
Is it unethical, as a regulatory planner, to socialize with your
paid consultants as peers? They may buy drinks or dinner, but
you also sometime buy. Is the perception bad? Is there any
conflict?
25. Scenario 9:
Nancy Peluzzi, retired director of city planning for Washington City,
is offered a consulting position with NRA Planning. NRA’s first job
is to craft a response to an RFP on a project from Nancy’s old
office. Is there a conflict?
26. Scenario 10:
You hire an open space consultant. The consulting firm’s
accounting software is set up to charge a max. of 40 hrs/week.
The project consistently takes the consultant 60 hours a week.
Therefore, the consultant is basically donating (giving) your town
20 hours per week of time on the project.
Is this fully ethical? Does this
give the consultant an advantage
in the future over other in the
selection process?
27. Some Common issues:
Your agency has a dollar amount limitation for gifts - anything
under $50 is acceptable???
28. Common issues cont…
Through the course of your duties you form a friendship
with a local landowner who periodically calls with questions
about planning and zoning. He invites you to eat lunch and
he buys.
Is this okay?
29. Common issues cont…
The new Planning Director Jack Donaghy receives a flood
of invitations to join groups outside of work such as the
Kiwanis Club, Toastmasters, Chamber of Commerce, etc.
Is there a balance of
work and leisure clubs
that does not violate
the code of ethics?
31. Common issues cont…
What is the responsibility of an AICP planner if he/she is aware
that a developer/applicant is meeting with planning board or
council members, but neither are disclosing it publicly?
33. VII. Resources
Everyday Ethics for Practicing Planners. Carol D. Barrett,
FAICP, 2001.
The New Ethics. Anita Allen, 2004.
MA State Ethics Code:
http://www.mass.gov/ethics/web268A.htm
APA Ethics Resources:
http://www.planning.org/ethics/index.htm
• AICP Code of Ethics
• Reports on Case Activity
• Ethics Resources (Toolkit for Conducting Ethics Sessions)
• Ethical Principles in Planning (Guide for all)
