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Ethics and Related Professions: A Planner’s Quandary? Paul Farmer, FAICP Valerie J. Hubbard, FAICP, LEED AP 2011 Annual Conference Florida Chapter, American Planning Association September 8, 2011

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Overview <ul><li>Ethical Principles in Planning </li></ul><ul><li>AICP Code of Ethics and Professional Conduct </li></ul><ul><ul><li>Rules of Conduct </li></ul></ul><ul><ul><li>Aspirational Principles </li></ul></ul><ul><li>Ethics Codes of Other Professions </li></ul><ul><li>Scenarios </li></ul>

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Ethics Made Simple <ul><li>&quot;Ethics are what you do when no one is looking.&quot; </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>&quot;Always do right. This will gratify some people and astonish the rest.&quot; </li></ul><ul><li>-Mark Twain </li></ul>

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Planning: The Noble Profession <ul><li>&quot;Planning, on the broad canvas of different philosophies of democracy and justice, draws people out of gated communities, draws people out of a privatized way of life, and ultimately nurtures, develops and cultivates democratic citizens….Planning is a noble profession, a profession that is connected to the democratic profession.&quot; </li></ul><ul><li>Michael J. Sandel, Anne T. and Robert M. Bass </li></ul><ul><li>Professor of Government at Harvard </li></ul><ul><li>Keynote speech at 2011 APA Conference </li></ul>

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Ethical Principles in Planning (Adopted May 1992) <ul><li>… a guide to ethical conduct for all who participate in the process of planning as advisors, advocates and decision makers. </li></ul><ul><li>The planning process must continuously pursue and faithfully serve the public interest. </li></ul><ul><li>Planning process participants continuously strive to achieve high standards of integrity and proficiency so that public respect for the planning process will be maintained. </li></ul><ul><li>APA members who are practicing planners continuously pursue improvement in their planning competence as well as in the development of peers and aspiring planners. </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 Principles </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>

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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>

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Rules of Conduct <ul><li>1. We shall not deliberately or with reckless indifference fail to provide adequate, timely, clear and accurate information on planning issues. </li></ul>

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Rules of Conduct <ul><li>3. We shall not accept an assignment from a client or employer to publicly advocate a position on a planning issue that is indistinguishably adverse to a position we publicly advocated for a previous client or employer within the last three years unless: </li></ul><ul><ul><li>We make good faith determination of no detriment </li></ul></ul><ul><ul><li>Written disclosure and written permission </li></ul></ul>

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Rules of Conduct <ul><li>19. We shall not fail to disclose the interests of our client or employer when participating in the planning process. Nor shall we participate in an effort to conceal the true interests of our client or employer. </li></ul>

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Principles to Which We Aspire <ul><li>… a statement of aspirational principles that constitute the ideals to which we are committed. We shall strive to act in accordance with our stated principles. However, an allegation that we failed to achieve our aspirational principles cannot be the subject of a misconduct charge or be a cause for disciplinary action. </li></ul>

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1. 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>

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2. 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>

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3. 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>

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Guiding Principles for Aspirational Principle No. 1: Responsibility to Public <ul><li>We shall: </li></ul><ul><li>Provide timely, adequate, clear, and accurate information on planning issues to all affected persons and to governmental decision makers. </li></ul><ul><li>Give people the opportunity to have a meaningful impact on the development of plans and programs that may affect them. Participation should be broad enough to include those who lack formal organization or influence. </li></ul>

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Codes of Other Professions/ Organizations <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><ul><li>International City Managers Association (ICMA) </li></ul>

17.
AIA Code of Ethics <ul><li>Canons, Ethical Standards, Rules of Conduct </li></ul><ul><li>Reflect different type of work and a more private sector perspective than AICP </li></ul><ul><li>Obligations: public, client, profession, colleagues, environment (“Canons”) </li></ul><ul><ul><li>Respect and help conserve natural and cultural heritage </li></ul></ul><ul><ul><li>Uphold human rights (Rule: not discriminate) </li></ul></ul><ul><ul><li>Promote and serve the public interest </li></ul></ul><ul><ul><li>Render public interest professional services </li></ul></ul><ul><ul><li>Promote sustainable design and development principles </li></ul></ul>

18.
ASLA Code of Professional Ethics <ul><li>Same structure as AIA Code </li></ul><ul><li>Fewer Ethical Standards; focus on Rules </li></ul><ul><li>Reflect different type of work and a more private sector perspective than AICP </li></ul><ul><li>Primary focus on honesty, dignity, integrity, fair dealing, avoiding conflicts </li></ul><ul><li>Members should endeavor to protect the interests of their clients and the public through competent performance of their work…. </li></ul>

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Code of Ethics for Engineers <ul><li>Fundamental Canons, Rules of Practice, Professional Obligations </li></ul><ul><li>Engineering has a direct and vital impact on the quality of life for all people. Accordingly, the services provided by engineers require honesty, impartiality, fairness, and equity and must be dedicated to the protection of the public health, safety, and welfare. </li></ul><ul><li>Engineers shall at all times strive to serve the public interest. </li></ul><ul><ul><li>Engineers are encouraged to adhere to the principles of sustainable development in order to protect the environment for future generations. </li></ul></ul>

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American Bar Association Model Rules <ul><li>Available at: http://www.abanet.org/cpr/mrpc/mrpc_toc.html </li></ul><ul><li>Key obligation to &quot;protect and pursue a client's legitimate interests, within the bounds of law....&quot; </li></ul><ul><li>Attorneys are officers of the court and subject to their requirements and procedures </li></ul><ul><li>Possible conflicts when an attorney is also a planner </li></ul>

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American Bar Association Model Rules <ul><li>[6] As a public citizen, a lawyer should seek improvement of the law, access to the legal system, the administration of justice and the quality of service rendered by the legal profession.…A lawyer should be mindful of deficiencies in the administration of justice and of the fact that the poor, and sometimes persons who are not poor, cannot afford adequate legal assistance. Therefore, all lawyers should devote professional time and resources and use civic influence to ensure equal access to our system of justice for all those who because of economic or social barriers cannot afford or secure adequate legal counsel.… </li></ul>

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American Bar Association Model Rules <ul><li>[8] A lawyer's responsibilities as a representative of clients, an officer of the legal system and a public citizen are usually harmonious. Thus, when an opposing party is well represented, a lawyer can be a zealous advocate on behalf of a client and at the same time assume that justice is being done…. </li></ul>

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American Bar Association Model Rules <ul><li>[9] In the nature of law practice, however, conflicting responsibilities are encountered. Virtually all difficult ethical problems arise from conflict between a lawyer's responsibilities to clients, to the legal system and to the lawyer's own interest in remaining an ethical person while earning a satisfactory living. The Rules of Professional Conduct often prescribe terms for resolving such conflicts. Within the framework of these Rules, however, many difficult issues of professional discretion can arise. Such issues must be resolved through the exercise of sensitive professional and moral judgment guided by the basic principles underlying the Rules. These principles include the lawyer's obligation zealously to protect and pursue a client's legitimate interests, within the bounds of the law, while maintaining a professional, courteous and civil attitude toward all persons involved in the legal system. </li></ul>

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International City Managers Association (ICMA) <ul><li>Focus on a roles and relationships in local government and providing facts, advice, support for adopted policies. </li></ul><ul><ul><li>Restriction on political activities </li></ul></ul><ul><ul><li>Fairness in dealing with employees </li></ul></ul><ul><li>Seek no favor; believe that personal aggrandizement or profit secured by confidential information or misuse of public time is dishonest. </li></ul><ul><li>Dedication to highest ideals of honor and integrity in all public and personal relationships…. </li></ul><ul><li>Recognize that the chief function of local government at all times is to serve the best interests of all people. </li></ul>

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Scenarios

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Resources <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>AICP ethics flash cards by Michael Schuler and Amon Browning at: </li></ul><ul><ul><li>http://www.studystack.com/flashcard-280610 and </li></ul></ul><ul><ul><li>http://www.studystack.com/flashcard-14636 </li></ul></ul>