Ethics PresentationMN APA Conference September 28, 2011

Presenters:Kate Garwood, AICPRita Trapp, AICPJane Kansier, AICP

Why Talk About Ethics? Ethical scenarios are rarely “cut and dried” A code of ethics sets standards and

embodies values The AICP Code of Ethics and Professional

Conduct offers help in negotiating tough ethical and moral dilemmas

Planners have an obligation to elevate governance

Overview of AICP Code of Ethics

Includes codes, rulings and procedures Section A: Aspirational values and ideas• Violations are not enforced, but these values should

not be ignored Section B: A list of rules• These are enforced

Section C: Procedures for Handling Infractions Section D: Planners Convicted of Serious Crimes

Section APrinciples to Which We Aspire

Our primary obligation is to serve the public interest

We owe diligent, creative, and competent performance in our work for our client or employers

We shall contribute to the development of and respect for our profession

Section B:Rules of Conduct

26 rules of conductTimelinessCompensationConflicts of interestDisclosureDiscrimination

Section C:Code Procedures

Describe the way that one may obtain either a formal or informal advisory ethics ruling

Detail how a charge of misconduct can be filed

Detail how charges are investigated, prosecuted, and adjudicated

Section D:Planner’s Convicted of Serious Crimes

Automatic Suspension Upon Conviction for "Serious Crime"

Role of the Professional Development Officer

Engage in conversations about the ethics code

Not authorized to give guidanceSpecific guidance comes from the APA Executive

Director (functioning as the Ethics Officer) who is available to talk through a situation to help planners make sure they are taking the right actions

Ethics in the Round

Break into small groupsReview the question cardDiscuss which sections of the Ethics Code

apply and whyDecide what action should be taken by the

planner or if the action taken was correctPresent your findings to the whole groupYou will have 30 minutes

Ethics in the RoundReport Out

Contact InformationRita Trapp, AICPCo-Professional Development Officerrita@hkgi.com

Jane Kansier AICPCo-Professional Development Officerjkansier@cityofpriorlake.com

Kate Garwood, AICPFormer Professional Development OfficerKate.garwood@co.anoka.mn.us

Should “private” discussions between a Planning Commissioner and an applicant be encouraged or avoided? Why?

Question #1

A Planning Commissioner runs into an applicant for a conditional use permit and who wants to discuss how it may or may not comply with the zoning ordinance. What should the Commissioner do? Why?

Question #2

You have a Planning Commissioner who regularly attends meetings unprepared. Is this ethical? Why or why not?

Question #3

Is it appropriate for citizens who represent “special interest groups” to serve on local planning commissions? Why or why not?

Question #4

A planner is approached by a developer who is considering acquiring a large parcel for a major retail facility. The developer asks how the planner might view a zone change on the property. Since he has not purchased the property, he requests that you keep his inquiry confidential so as not to inflate the asking price for the property. Is this ethical? Why or why not?

Question #5

A planner is offered a “gift” or favor, perhaps simply lunch. Is it ethical to accept the gift? Why or why not?

Question #6

A planner is invited to a local sporting event by a developer who has a development pending before the Planning Commission. The offer includes dinner and a private box seat. What is the proper response? Does your response change if the invitation comes from a developer who does NOT have an item pending before the Commission?

Question #7

The Mayor, who appointed you and perceives you as a friend and ally repeatedly calls you about issues appearing before the Planning Commission in an effort to influence your opinion and make sure you “understand the Mayor’s perspective.” How do you respond?

Question #8

A Commissioner, who is a developer, has a project before the Commission for review. What is the proper way to handle the situation for the rest of the Commission? for the Staff? for the developer/Commissioner?

Question #9

A developer submits a civil engineer’s report demonstrating that the development will satisfy the city’s requirements for storm water runoff on downstream properties. A nearby homeowner opposed to the development argues that the existing facilities are inadequate and his basement has frequently been flooded. What is the most ethical way to handle this situation?

Question #10

Is it OK to use your knowledge of Planning Commission affairs to advise friends of pending or future issues? Should you encourage individuals and groups to become active in Planning Commission affairs?

Question #11

Is there a problem with working behind the scenes to assist certain groups or individuals on matters pending before the Commission? Why?

Question #12

Your spouse works for a developer. Now, that developer is before you for a permit. How is this situation best handled from an ethical perspective?

Question #13

Do a Commissioner’s past, present, or future business associations pose a conflict of interest in the event that one of those clients requests a zoning amendment? Why?

Question #14

Your supervisor allows a developer to make changes to a building without having the revised plans submitted and approved by the building official. What do you do?

Question #15

A planning manager allows a developer (a council member’s brother) to plant tress that are of a less hardy variety and smaller size than originally stipulated without making the developer go back through the subdivision process. The reason is that the trees required by the approval process are not available in the region and buying from outside of the region is cost-prohibitive. What are the ethical issues?

Question #16

Planning staff did not immediately send a subdivision to engineering after the Planning Commission approved it, which is the usual process. A month goes by without action. The planning manager finds out, then moves the subdivision ahead of all projects being worked on in engineering. This is not standard practice, as every project is process in the order received. What are the ethical issues?

Question #17

A planner has an opportunity to invest in a small development that will come before his/her agency for approval. What should the planner do? Why?

Question #18

In addition to your job as a planner in East Cupcake, Minnesota, you are planning to work for a broker in a neighboring jurisdiction across the state line. The broker doesn’t have a license in the state, but some of the other employees do. Are you crossing any ethical lines? Why?

Question #19

The Planning Manager in your office made charges on the agency credit card for personal purposes. He plans to pay back the agency with a personal check later. What do you do?

Question #20

The Planning Manager is allowed to use an agency car for daily activities around town. The manager drives the car to and from work each day—in other words it is kept at the manager’s home each night. You see the Manager’s spouse driving the car around town during the weekend. What do you do?

Question #21