1.
Ethics Around the Country Anna Breinich, AICP Benjamin Frost, Esq., AICP Dwight Merriam, Esq., FAICP

2.
Ethics Around the Country Anna Breinich, AICP Benjamin Frost, Esq., AICP Dwight Merriam, Esq., FAICP Providence October 21, 2011

3.
Roadmap for Today <ul><li>AICP Code of Ethics and Professional Conduct </li></ul><ul><li>Ethical Codes of other professions </li></ul><ul><li>State statutory code examples </li></ul><ul><li>Scenarios </li></ul><ul><li>Questions (welcome throughout) </li></ul>

4.
<ul><li>“ Always do right. This will gratify some people and astonish the rest.“ </li></ul><ul><li>-Mark Twain </li></ul><ul><li>“ Ethics are what you do when no one is looking.” </li></ul><ul><li>-George Bernard Shaw </li></ul><ul><li>&quot;Whenever you do a thing, act as if all the world were watching.&quot; </li></ul><ul><li>-Thomas Jefferson </li></ul><ul><li>“ The standards that govern the conduct of a person, especially a member of a profession.” </li></ul><ul><li>-www.wiktionary.com </li></ul>

5.
Ethics for Planners <ul><li>Planners should just apply common sense </li></ul><ul><li>Ethical problems are seldom clear cut – rich in ambiguity </li></ul><ul><li>Planners must be aware of local ethics standards </li></ul><ul><li>“ Those who practice planning need to adhere to a special set of ethical requirements that must guide all who aspire to professionalism.” </li></ul><ul><li>Ethical Principles in Planning </li></ul>

6.
The AICP Code <ul><li>Code of Ethics and Professional Conduct </li></ul><ul><li>2005 Update; similar to previous code </li></ul><ul><li>Four sections </li></ul><ul><ul><ul><li>Aspirational Standards </li></ul></ul></ul><ul><ul><ul><li>Rules of Conduct </li></ul></ul></ul><ul><ul><ul><li>Procedures </li></ul></ul></ul><ul><ul><ul><li>Automatic suspension for serious crimes (2009) </li></ul></ul></ul>

7.
Our Overall Responsibility to the Public <ul><li>“ Our primary obligation is to serve the public interest and we, therefore, owe our allegiance to a conscientiously attained concept of the public interest that is formulated through continuous and open debate.” </li></ul>

8.
Code A.1.f <ul><li>“ We shall seek social justice by working to expand choice and opportunity for all persons, recognizing a special responsibility to plan for the needs of the disadvantaged and to promote racial and economic integration. We shall urge the alteration of policies, institutions, and decisions that oppose such needs.” </li></ul>

9.
Our Responsibility to Our Clients and Employers <ul><li>“ We owe diligent, creative, and competent performance of the work we do in pursuit of our client or employer’s interest. Such performance, however, shall always be consistent with our faithful service to the public interest.” </li></ul>

10.
Code A.2.c <ul><li>“ We shall avoid a conflict of interest or even the appearance of a conflict of interest in accepting assignments from clients or employers.” </li></ul>

11.
Our Responsibility to Our Profession and Colleagues <ul><li>“ 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.” </li></ul>

12.
Code A.3.c <ul><li>“ We shall describe and comment on the work and views of other professionals in a fair and professional manner.” </li></ul>

13.
Code A.3.j <ul><li>“ We shall contribute time and effort to groups lacking in adequate planning resources and to voluntary professional activities.” </li></ul>

14.
Rules of Conduct <ul><li>“ We adhere to the following Rules of Conduct, and we understand that our Institute will enforce compliance with them. If we fail to adhere to these Rules, we could receive sanctions, the ultimate being the loss of our certification.” </li></ul>

15.
Code B.6 <ul><li>“ We shall not perform work on a project for a client or employer if, in addition to the agreed upon compensation from our client or employer, there is a possibility for direct personal or financial gain to us, our family members, or persons living in our household, unless our client or employer, after full written disclosure from us, consents in writing to the arrangement.” </li></ul>

16.
Code B.10 <ul><li>“ We shall neither deliberately, nor with reckless indifference, misrepresent the qualifications, views and findings of other professionals.” </li></ul>

17.
Code Procedures <ul><li>In brief, our Code Procedures </li></ul><ul><li>1. Describe the way that one may obtain either a formal or informal advisory ethics ruling, and </li></ul><ul><li>2. Detail how a charge of misconduct can be filed, and how charges are investigated, prosecuted, and adjudicated. </li></ul>

18.
Code Procedures <ul><li>Informal and Formal Advice </li></ul><ul><ul><li>Only the Ethics Officer, who is the APA Executive Director </li></ul></ul><ul><ul><li>Binding </li></ul></ul><ul><ul><li>Formal Advice: Findings within 21 days </li></ul></ul><ul><ul><li>Forwarded to the Ethics Committee </li></ul></ul>

19.
Ethics Cases During 2009 <ul><li>11 Total Cases </li></ul><ul><li>9 Cases Resolved </li></ul><ul><ul><li>4 Cases Dismissed </li></ul></ul><ul><ul><li>1 Charge Withdrawn </li></ul></ul><ul><ul><li>2 Respondents' Membership Lapsed </li></ul></ul><ul><ul><li>2 Appealed Case Dismissals Upheld </li></ul></ul><ul><li>2 Cases Pending </li></ul><ul><ul><li>1 Charge Under Review </li></ul></ul><ul><ul><li>1 Complaint Under Review </li></ul></ul><ul><li>Ethics Committee Actions </li></ul><ul><ul><li>Upheld Dismissals of 2 Appealed Cases </li></ul></ul><ul><li>Requests for Formal Advice </li></ul><ul><ul><li>No requests </li></ul></ul>

20.
Flash cards <ul><li>Michael Schuler and Amon Browning have created sets of AICP ethics flash cards, very clever, available at: </li></ul><ul><li>http://www.studystack.com/flashcard-280610 and </li></ul><ul><li>http://www.studystack.com/flashcard-14636 </li></ul>

21.
...and for all others... <ul><li>Available at: </li></ul><ul><li>http://www.planning.org/ethics/ </li></ul><ul><li>ethicalprinciples.htm </li></ul><ul><li>Ethical Principles in Planning </li></ul><ul><li>(As Adopted May 1992) </li></ul>

22.
Codes of Other Professions <ul><li>American Institute of Architects </li></ul><ul><li>American Society of Landscape Architects </li></ul><ul><li>National Society of Professional Engineers </li></ul><ul><li>American Bar Association </li></ul>

23.
AIA Code of Ethics <ul><li>Similar principles and structure compared with AICP Code, but a different perspective – private sector </li></ul><ul><li>Obligations: public, client, profession, colleagues, environment (“Canons”) </li></ul><ul><ul><li>Balancing confidential client communications with other Code obligations </li></ul></ul><ul><ul><li>Fairness in competition with other architects (including Copyright) </li></ul></ul><ul><li>AIA Code: http://www.aia.org/aiaucmp/groups/aia/documents/pdf/aiap074121.pdf </li></ul><ul><li>… an example of a disciplinary action… </li></ul>

24.
ASLA Code of Professional Ethics <ul><li>Same structure and private sector perspective as AIA Code </li></ul><ul><ul><li>Greater emphasis on environment </li></ul></ul><ul><ul><li>Recognition of public sector employment, but only in reference to conflicts of interest </li></ul></ul><ul><ul><li>Honesty, dignity, integrity, fair dealing </li></ul></ul><ul><li>ASLA Code: http://www.asla.org/nonmembers/CODE499.htm </li></ul>

25.
Code of Ethics for Engineers <ul><li>Same sorts of considerations as AIA and ASLA Codes (do you see a pattern…?) </li></ul><ul><li>III.2.d. Engineers are encouraged to adhere to the principles of sustainable development in order to protect the environment for future generations. </li></ul><ul><li>Ban on competitive bidding struck down by US Supreme Court in 1978 (old Code 11(c) – Engineers “shall not solicit or submit engineering proposals on the basis of competitive bidding. …”) </li></ul><ul><ul><li>Ban was defended by NSPE as a means of preventing engineers from making deceptively low bids; hiring of engineers should be done on the “traditional” basis of qualifications </li></ul></ul><ul><ul><li>Held to be a violation of the Sherman Antitrust Act </li></ul></ul><ul><ul><li>Act does not require competitive bidding; only prevents NSPE from prohibiting it </li></ul></ul><ul><li>National Society of Professional Engineers Code: http://www.nspe.org/Ethics/CodeofEthics/index.html </li></ul>

26.
ABA Model Rules <ul><li>Available at: </li></ul><ul><li>http://www.abanet.org/cpr/mrpc/mrpc_toc.html </li></ul><ul><li>Typically…lawyers aren’t planners and planners aren’t lawyers…but when they are…there can be conflicts… </li></ul>

27.
Beware: What You Say to Your Government Lawyer May Not Be Confidential Government Lawyer-Client Confidentiality Special Thanks to Patricia E. Salkin Raymond & Ella Smith Distinguished Professor of Law, Albany Law School

28.
Situation <ul><li>Uncertainty as to existence of privilege in the government context – circuit courts in conflict </li></ul><ul><li>Politicizing attorney professionalism </li></ul><ul><li>ABA Task Force on Attorney-Client Privilege </li></ul>

29.
ABA Adopts 2005 Resolution <ul><li>Resolved, That the ABA supports the preservation of the attorney-client privilege and work product doctrine as essential to maintaining the confidential relationship between client and attorney required to encourage clients to discuss their legal problems fully and candidly with their counsel so as to </li></ul><ul><li>(1) promote compliance with law through effective counseling, </li></ul><ul><li>(2) ensure effective advocacy for the client, </li></ul><ul><li>(3) ensure access to justice, and </li></ul><ul><li>(4) promote proper and efficient functioning of government. </li></ul>

30.
Three Distinct Areas of Law/ Regulation <ul><li>Common-law privilege of confidentiality from an evidentiary line of cases </li></ul><ul><li>Common-law (then codified) attorney work-product doctrine (not being discussion today) </li></ul><ul><li>Attorney codes of conduct and professionalism </li></ul>

31.
Questions <ul><li>In what manner do each of these areas of the law protect attorney-client conversations and information gleaned from the attorney-client relationship? </li></ul><ul><li>Are the government attorney and his/her client(s) afforded the same protections and burdened with the same mandates as non-government attorneys and clients? </li></ul><ul><li>Should the application of these rules be the same whether the attorney works for the public or for the private sector? </li></ul>

32.
Issue #1 – Attorney Ethics A Lawyer’s Responsibility to Protect Client Confidences

33.
Model Rules Preamble <ul><li>“ A lawyer should keep in confidence information relating to the representation of a client except so far as disclosure is required or permitted by the Rules of Professional Conduct or other law.” </li></ul><ul><li>“ A lawyer can be sure that preserving client confidences ordinarily serves the public interest because people are more likely to seek legal advice, and thereby heed their legal obligations, when they know their communications will be private.” </li></ul><ul><li>Lawyers must zealously protect and pursue client interests </li></ul>

34.
Model Rule 1.6 <ul><li>“ A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted…to prevent reasonable certain death or bodily harm…” </li></ul><ul><li>Rule 1.6(b)(6) acknowledges that a court may order disclosure </li></ul>

35.
Comment 13 to Model Rule 1.6 <ul><li>Acknowledges that a lawyer may be ordered by a court or governmental entity to disclose, but states that the lawyer should use all non-frivolous means to prevent the revelation of secret or confidential information. </li></ul>

36.
Issue #2 – The Privilege of Confidentiality

37.
Defining The Privilege <ul><li>Wigmore on Evidence Defines the Privilege as Follows: </li></ul><ul><ul><li>- where legal advice of any kind is sought </li></ul></ul><ul><ul><li>- from a professional legal adviser in his capacity as such, </li></ul></ul><ul><ul><li>- the communication relating to that purpose, </li></ul></ul><ul><ul><li>- made in confidence </li></ul></ul>

38.
Defining The Privilege <ul><li>- by the client, </li></ul><ul><li>- are at his instance permanently protected </li></ul><ul><li>- from disclosure by himself or by the legal adviser, </li></ul><ul><li>- except where the client waives the protection </li></ul>

39.
Reasons Favoring A Government Lawyer-Client Privilege <ul><li>Ensuring full and frank communication between lawyer and client </li></ul><ul><li>Public officials would shy away from legal counsel which could lead to corruption </li></ul><ul><li>Lack of legal counsel could hamper the implementation of government programs </li></ul>

40.
Reasons Against a Government Lawyer-Client Privilege <ul><li>Client is the public </li></ul><ul><li>Public entitled to truth </li></ul><ul><li>Higher duty in the public law context </li></ul><ul><li>Public officials are not the same as ordinary citizen-clients </li></ul><ul><li>Following FOIL, there should be no secrets in government </li></ul><ul><li>Government officials (lawyers) often have a duty to disclose wrongdoing – fraud, corruption, abuse </li></ul>

41.
Differences Between the Work Product Doctrine and the A-C-P <ul><li>Work product doctrine seeks to protect the interests of the attorney and the client </li></ul><ul><ul><li>Both attorney and client must agree to waive </li></ul></ul><ul><li>Attorney-client privilege belongs to the client alone </li></ul><ul><li>Unlike the attorney-client privilege, the work-product privilege is typically not waived when information is shared with third parties </li></ul>

42.
Conclusion <ul><li>Proceed with caution...don’t assume you are protected from disclosure… </li></ul>

43.
Public Ethics Laws <ul><li>Florida </li></ul><ul><li>Oregon </li></ul><ul><li>Pennsylvania </li></ul><ul><li>Maine </li></ul><ul><li>Federal Concerns </li></ul>

44.
Florida <ul><li>Statutory standards for public officers and employees at all levels of state government </li></ul><ul><ul><li>Anti-nepotism (thorough but limited definition of “relative”), no gifts whatsoever, and of course no influence peddling </li></ul></ul><ul><ul><li>But it’s 59 pages long! </li></ul></ul><ul><li>Florida Commission on Ethics – “guardian of the standards”: http://www.ethics.state.fl.us/ </li></ul><ul><li>2010 Statewide Grand Jury convened to investigate “…ongoing harm caused by crimes committed by local and state public officials while acting in their official capacity. Public officials have abused their powers gained by virtue of their position.” </li></ul><ul><ul><li>Interim report: http://myfloridalegal.com/webfiles.nsf/WF/JFAO-8CLT9A/$file/19thSWGJInterimReport.pdf </li></ul></ul>

45.
Oregon <ul><li>http://landru.leg.state.or.us/ors/244.html </li></ul>

46.
Pennsylvania <ul><li>Fully staffed State Ethics Commission </li></ul><ul><li>State Ethics Act applicable to public officials and employees, political candidates and nominees </li></ul><ul><li>Annual financial disclosures required </li></ul><ul><li>http://www.ethics.state.pa.us/portal/server.pt/community/ethics/8995/the_ethics_act/539789 </li></ul>

47.
Maine <ul><li>Applicable to Ethics Commission members and legislators </li></ul><ul><li>http://www.maine.gov/ethics/pdf/laws/ </li></ul><ul><li>governmental_ethics_law.pdf </li></ul>

48.
Federal Concerns <ul><li>What does Enron have to do with planning? Skilling v. U.S. – Honest Services wire/mail fraud (18 U.S.C. §§371, 1343, 1346) </li></ul><ul><ul><li>§1346 Proscribes fraudulent deprivations of another’s “intangible right of honest services” </li></ul></ul><ul><ul><li>Unconstitutionally vague? No </li></ul></ul><ul><ul><li>Applies to undisclosed conflicts of interest (“self-dealing”)? No – only to bribery or kickbacks </li></ul></ul><ul><li>Many cases still being prosecuted alleging bribery and kickbacks; Congress may fill the “conflict” gap by passing a law overriding Skilling </li></ul><ul><li>Skilling Decision: http://www.supremecourt.gov/opinions/09pdf/08-1394.pdf </li></ul>

49.
Federal Concerns <ul><li>Before you sign on the dotted line… </li></ul><ul><ul><li>US v. Westchester County – initiated by Anti-Discrimination Center of Metro New York </li></ul></ul><ul><ul><li>Assurances given when signing forms necessary to receive Federal funding (such as CDBG) </li></ul></ul><ul><ul><ul><li>“ Affirmatively furthering fair housing” </li></ul></ul></ul><ul><ul><li>False Claims Act violations – potentially up to $150M damages </li></ul></ul><ul><ul><li>2009 settlement: county must build or acquire 700 units of affordable housing ($50 million), mostly to be located in mostly white communities; Analysis of Impediments to Fair Housing </li></ul></ul><ul><ul><li>More vigorous enforcement in the works? HUD guidelines “forthcoming” (that was in 2009…) </li></ul></ul><ul><ul><li>Patty Salkin’s Law of the Land Blog: http://lawoftheland.wordpress.com/2009/08/16/historic-desegregationaffordable-housing-agreement-proposed-in-westchester-county-ny/ </li></ul></ul>

50.
Ethics Questions

51.
Do you want to friend me? <ul><li>Facebook, Twitter, LinkedIn, MySpace, FriendFeed, Plaxo…and the list goes on… </li></ul><ul><li>What are the ethical issues with social networking? </li></ul><ul><li>Patricia Salkin, “Social Networking and Land Use Planning Regulation: Practical Benefits, Pitfalls and Ethical Considerations” </li></ul><ul><li>http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1690835 </li></ul>

52.

53.
A Private Life <ul><li>How does Code B.5 apply to private sector planners? (i.e., “We shall not, as public officials or employees; accept from anyone other than our public employer any compensation, commission, rebate, or other advantage that may be perceived as related to our public office or employment.”) </li></ul>

54.
Ethics Scenarios

55.
Too Good to Be Ethical? <ul><li>For many years, a local retailer has given 15% discounts for all municipal employees to “give back” to the community. The retailer is now expanding and applies for a waiver of impact fees, which requires a staff recommendation. The planning director’s husband is an employee of the retailer. The director and all other staff members are recipients of the discount. What should the town do? </li></ul>

56.
Consultant Dilemma <ul><li>You are a consultant. To get a project approved in a particular Council District, you are told to hire a certain firm to “manage” the project through the approval process. While the extra fee is substantial and you suspect kickbacks to a Council Member is involved, your client says it’s worth it. What do you do? </li></ul>

57.
The Devil You Know… <ul><li>A local developer wants to rehab a derelict structure in an historic district. You know him and like him; he has a spotless reputation. But what he wants to do requires a “creative” zoning interpretation. Without that, the historic structure will be demolished. What should you do? </li></ul>

58.
How about a few real cases from the courts?

59.
Pillow talk <ul><li>Is there an ethics problem where a city council enters into a development agreement with a developer where a council member is married to a lawyer who represents the developer on unrelated matters? </li></ul>

60.
No <ul><li>The city council could enter into a development agreement with the developer despite the fact that one of the city council members was married to a lawyer whose firm represented the developer on unrelated matters. </li></ul><ul><li>No. 78 Ops. Cal. Atty. Gen. 230 (No. 95-110) (July 27, 1995) </li></ul>

61.
Did she say that? <ul><li>Is it unethical for the board chairperson to write a letter to the Mayor supporting both the rezoning and the project, noting that she “would really like to see new housing available to [her] should [she] decide to sell [her] home and move into something maintenance free[.]”? </li></ul>

62.
Yes <ul><li>That this constituted the appearance of bias and actual bias, requiring annulment of the planning board’s site plan approval. although the actions did not technically violate the General Municipal Law sections dealing with conflicts of interest for municipal officials, the actions nonetheless warranted annulment of the decision. See also, NASHA, LLC v. City of Los Angeles , 22 Cal. Rptr.3d 772 (Cal. Ct. App. 2004) (finding impermissible bias where a commissioner wrote a newsletter article advocating a position against the proposed project). </li></ul><ul><li>Schweichler v. Village of Caledonia , 45 A.D.3d 1281, 1283-1284 (N.Y.App.Div. 2007); See also, NASHA, LLC v. City of Los Angeles , 22 Cal. Rptr.3d 772 (Cal. Ct. App. 2004) </li></ul>

63.
Just hope this isn’t your board <ul><li>Does the following exchange create any ethics problems: A member of a Commission engages in the following dialogue with an applicant’s engineer: “[s]ome Italians are wopsided.” The engineer replied “Lopsided?” and the commissioner said “Wopsided.” The engineer replied: “Wopsided, yes, O.K. got you.” </li></ul>

64.
Yes <ul><li>The Court found the exchange indicated lack of impartiality. </li></ul><ul><li>Pirozzilo v. Berlin Inland Wetlands and Water Courses Com’n , 32 Conn. L. Rptr. 103 (Conn. Super. Ct. 2002). </li></ul>

65.
All in the family <ul><li>Is it a conflict of interest for a board member to vote on an application involving a shopping center to be located in close proximity to where his/her parents live? </li></ul>

66.
No <ul><li>A board member voted on the siting of a shopping center to be located near his elderly parents’ home. Neighbors opposed to the project alleged the board member had a conflict of interest because if the shopping center were to be built there, the board member would not have to do the grocery shopping for his parent. The court found no prohibited conflict of interest and noted that there was no evidence that the board member even did grocery shopping for his parents. </li></ul><ul><li>Lincoln Heights Ass’n v. Township of Cranford Planning Board , 714 A.2d 995 (N.J. Super. Ct. Law Div. 1998). But, see Care of Tenafly v. Tenafly Zoning Bd. of Adjustment , 704 A.2d 1032 (N.J. Super. A.D., 1998) (the court found a prohibited conflict of interest where a board member voted on a variance request that would impact his 83-year-old mother’s commercial interest in a strip mall based upon the “potential for psychological influences” because his mother needed the income to subsist). </li></ul>

67.
The honeymoon is over <ul><li>Is it ethical for a council member to cast the deciding vote to reappoint her recently wed spouse to a new term on the planning board, where he served for 15 years prior to the marriage? </li></ul>

68.
No <ul><li>After a 3 to 2 vote to reappoint the planning board member, the Court determined that in casting the deciding vote for her husband’s reappointment, the council member violated the State ethics law as this created at least a perception of a conflict of interest. Noting that a familial relationship does not always create a per se conflict, the Court said that “when a family member’s vote results in another family member obtaining a position in a government agency, as in the situation before us, a conflict is usually present.” Although the council member asserted that her spouse was well qualified on the merits, the Court said that although he may well have been an ideal candidate, “in the eyes of the public, the personal involvement…might reasonably be expected to impair her objectivity or independence of judgment.” Noting too that since the spouse cast the tie-breaking vote, the matter did not “resound with political consensus,” the Court concluded that “marriage is a direct personal involvement which might be reasonably expected to impair objectivity or independence of judgment within the meaning of” the statute. </li></ul><ul><li>Shapiro v Mertz, et. al., 368 N.J. Super. 46, 845 A.2d 186 (2004) </li></ul>

69.
Spousal privilege? <ul><li>May Village Trustee vote on a special use permit and variance application to allow a historical society to locate their new office in a residential district where the spouse of the trustee had represented the society in the sale of the residential property in question, and received a commission as a result of her involvement? </li></ul>

70.
Yes <ul><li>The Illinois Appellate Court held that a spouse’s financial interest in a venture does not necessarily disqualify a decision maker, and found no evidence here that the Board Member’s vote “was influenced or tainted by his wife receiving the commission.” Since the Historical Society did not apply for the permit and variance until after they had already purchased the property, the Court stated that in this instance, the commission that the spouse received was not in any way contingent upon the granting of the requested relief. Furthermore, the Court noted that the Trustee disclosed his wife’s involvement as a real estate broker for the Society at a public meeting, and that the Plaintiff had simply failed to show any evidence that the Council’s determination was impacted by a conflict of interest. </li></ul><ul><li>Lapp v Village of Winnetka, 359 Ill. App. 3d 152, 833 N.E.2d 983 (2005 </li></ul>

71.
Dollars and Sense? <ul><li>Is it a prohibited conflict of interest where a member of a local Board of Commissioners, which had voted to rezone a tract of land, was also a vice president of a local bank that had participated in financing the acquisition of the land by the county redevelopment authority? </li></ul>

72.
No <ul><li>The Georgia Court held that absent more evidence that the rezoning directly and immediately affected his pecuniary interest, there was merely a remote and speculative allegation that failed to make a case of a prohibited conflict. </li></ul><ul><li> White v Board of Commissioners on McDuffie County, 252 Ga. App. 120, 555 S.E.2d 45 (2001), cert. denied (March 25, 2002). </li></ul>

73.
More hypotheticals…

74.
Game Tickets <ul><li>You are a planner for a jurisdiction home to a popular college football team. The </li></ul><ul><li>university offers several members of the planning staff hard to get tickets to a sold </li></ul><ul><li>out game. Recognizing the conflict, your boss and colleagues decide to pay for </li></ul><ul><li>their tickets outright, thus absolving the question of whether or not the tickets were </li></ul><ul><li>a gift. Is there still an ethical conflict? </li></ul>

75.
Private-Public Flip-Flop <ul><li>Two planners work together at a private developer for several years before both </li></ul><ul><li>joining the planning department in a large city. After two years at the department, </li></ul><ul><li>one of the planners returns to private sector development. How does this change </li></ul><ul><li>the personal and professional relationship of the two planners? Does the scenario </li></ul><ul><li>change if the planners are working in a city with a small, resource-strapped </li></ul><ul><li>planning department? </li></ul>

76.
Fencing with the neighbors <ul><li>You are a planner with responsibility for code enforcement. You own a home in a planned unit development (PUD) and notice that several of your neighbors have erected fences that extend their backyard into the shared greenway – essentially privatizing public land. How would you handle this situation? Do conflicts arise between your roles as property owner, neighbor, and public servant? </li></ul>

77.
An offer you can’t refuse? <ul><li>You are a public sector planner working with a consulting firm in your community on a redevelopment plan. After several weeks, based on the quality of your work, the head of the firm offers you a position within the firm. Are there ethical considerations that would prevent you from accepting this position? </li></ul>

78.
Consulting on consultants <ul><li>A developer asks you, as a public sector planner, to help him select the team of </li></ul><ul><li>lawyers and architects that you would recommend, since you are familiar with who </li></ul><ul><li>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? </li></ul>

79.
RFP redux <ul><li>You are working for a consulting firm that completes a master plan for a new community airport. After the master plan is completed, the community releases an RFP for engineering services based on recommendations from the plan. Do you foresee any conflicts? </li></ul>

80.
Resources for Information on Ethics <ul><li>American Planning Association (APA) Ethical Principles of Planning www.planning.org/ethics/ethicalprinciples.htm </li></ul><ul><li>American Institute of Certified Planners (AICP) Code of Ethics & Professional Conduct www.planning.org/ethics/ </li></ul><ul><li>Massachusetts Commission on Ethics www.mass.gov/ethics </li></ul><ul><li>City of Santa Clara CA comprehensive site on ethics www.santanclaraca.gov </li></ul><ul><li>Institute for Local Self Government – Developing a Local Agency Ethics Code www.ca-ilg.org/trust </li></ul><ul><li>Vermont Land Use Education & Training Collaborative – Rules of Procedure & Ethics Manual www.vpic.info/pubs/rules_proc.pdf </li></ul>