Ethics for Public Administration
Chapters One and Two
1
Public Administrators:
Are not neutral
Exercise discretion
Participate in the public policy process
Make policy recommendations
Engage in policy implementation
WHY STUDY ETHICS?
2
Your Text
The Responsible Administrator: An approach to Ethics for the Administrative Role
Conceptual Focus:
The role of the public administrator in an organizational setting
Integrating Ethical Concept:
Responsibility
Central Ethical Process:
Comprehensive design approach
3
Definitions
“The attempt to state and evaluate principles by which ethical problems may be solved.”
“normative standards of conduct derived from the philosophical and religious traditions of society.”
“concerned with what is right, fair, just, or good; about what we ought to do.”
4
Text: study of moral conduct and moral status
Morality assumes accepted norms of behavior
Ethics involves the examination of the logic, values, beliefs, and principles that are used to justify morality in its various forms.
Descriptive or normative
Deontological (principle based) or teleological (consequences based)
Law “must always stand under the judgment of ethics” Cooper
5
Responsibility and Role
Responsibility:
Objective accountability for conduct
Subjective congruence with one’s professional values
Ethical Responsibility
Able to give reasons for one’s conduct
Able to understand in a self-conscious way why one acted
6
A Design Approach
Addresses immediate situation but takes into account legal, organizational, and social context for longer term impact.
A problem-solving approach
Uncertainties abound
Solution
s rely on facts, not just options
Reality of acting under pressure
Ethical problems are dynamic
7
Understanding Ethical Decision Making
Character traits: built from decisions made as we define boundaries/content of responsibility
This is often done without consistent, intentional, and systematic reflection
Reflective ethics: design the best course of action
for specific problems we face
given constraints of time and information
8
Aiken’s 4 Levels of Ethical Reflection
Expressive Level
what feels like the right thing?
Moral Rules Level
what rule should I follow?
Ethical Analysis Level
what are the principles involved?
Postethical level
why should I be principled?
Ethical analysis: principles underlying choices Exercise re tobacco, etc.
9
Which is best?
Expressive
Emotion is only one aspect
Moral Rules
Merely reflects socialization
ETHICAL –proceed with reasoned justification
Easier for others to understand
Postethical
So personal consensus could be difficult
10
Descriptive Models: what is
Early on, feeling of futility
Blasi (1980)—impossible to close gap between moral judgment and moral behavior
Later research shows interaction of the two:
Cognitive process
Wittmer (2005) “awareness….judgment…behavior.”
Rest (1984, 1986) –interpretation o ...
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Ethics for Public Administrators Chapters 1-2
1. Ethics for Public Administration
Chapters One and Two
1
Public Administrators:
Are not neutral
Exercise discretion
Participate in the public policy process
Make policy recommendations
Engage in policy implementation
WHY STUDY ETHICS?
2. 2
Your Text
The Responsible Administrator: An approach to Ethics for the
Administrative Role
Conceptual Focus:
The role of the public administrator in an organizational setting
Integrating Ethical Concept:
Responsibility
Central Ethical Process:
Comprehensive design approach
3
Definitions
“The attempt to state and evaluate principles by which ethical
problems may be solved.”
“normative standards of conduct derived from the philosophical
and religious traditions of society.”
“concerned with what is right, fair, just, or good; about what we
ought to do.”
3. 4
Text: study of moral conduct and moral status
Morality assumes accepted norms of behavior
Ethics involves the examination of the logic, values, beliefs,
and principles that are used to justify morality in its various
forms.
Descriptive or normative
Deontological (principle based) or teleological (consequences
based)
Law “must always stand under the judgment of ethics” Cooper
5
Responsibility and Role
Responsibility:
Objective accountability for conduct
Subjective congruence with one’s professional values
Ethical Responsibility
Able to give reasons for one’s conduct
Able to understand in a self-conscious way why one acted
4. 6
A Design Approach
Addresses immediate situation but takes into account legal,
organizational, and social context for longer term impact.
A problem-solving approach
Uncertainties abound
Solution
s rely on facts, not just options
Reality of acting under pressure
Ethical problems are dynamic
7
5. Understanding Ethical Decision Making
Character traits: built from decisions made as we define
boundaries/content of responsibility
This is often done without consistent, intentional, and
systematic reflection
Reflective ethics: design the best course of action
for specific problems we face
given constraints of time and information
8
Aiken’s 4 Levels of Ethical Reflection
Expressive Level
what feels like the right thing?
Moral Rules Level
what rule should I follow?
Ethical Analysis Level
6. what are the principles involved?
Postethical level
why should I be principled?
Ethical analysis: principles underlying choices Exercise re
tobacco, etc.
9
Which is best?
Expressive
Emotion is only one aspect
Moral Rules
Merely reflects socialization
ETHICAL –proceed with reasoned justification
Easier for others to understand
7. Postethical
So personal consensus could be difficult
10
Descriptive Models: what is
Early on, feeling of futility
Blasi (1980)—impossible to close gap between moral judgment
and moral behavior
Later research shows interaction of the two:
Cognitive process
Wittmer (2005) “awareness….judgment…behavior.”
Rest (1984, 1986) –interpretation of situation, judgment of the
situation, selection of options, action
Environmental press
9. Prescriptive Models: what should be
Simply following someone else’s past history may not fit my
environment
Simply prescribing is not enough
Problem-solving is required
Description and prescription are combined
Template needed for designing best solution
Contingency is important
May need to alter course (dynamic)
13
The Descriptive Task
Sift through judgmental reports of issue
Balance the “hierarchy of credibility”(Becker 1973)
Avoid good-guys/bad-guys language
Facts include key actors, viewpoints, issues, event sequence,
risks, what we don’t know.
10. 14
Define the Ethical Issues
They will appear when conflict, uncertainty, tension, risk exist
Issue = competing or conflicting
Many administrators can identify issues, but not principles
underlying them.
11. 15
Identifying Alternative Courses of Action
Be wary of either/or options.
Be willing to SCAMPER (McDonald’s)
S = Substitute (real estate for hamburgers)
C = Combine (meals with lodging for parents)
A = Adapt (Latte, yogurt)
M = Magnify (expand to other countries)
P = Put to Other Uses (raise $ for charity)
E = Eliminate (or Minify) (waiters)
R = Rearrange (or Reverse) (payment)
16
Finding a Fit
An alternative that balances principle with consequences
12. The test of publicity
Satisfaction with the alternative
17
Anticipatory Self-Appraisal
Look into the future and anticipate how we will feel about
ourselves
Does it match or violate our principles?
What will we feel
Guilt, remorse, and self-reproach
Pride and approval from others
13. 18
Project Probable Consequences
Instead of usual black-and-white simple melodrama, imagine
epic alternatives with consequences.
The more alternatives (with consequences) the better, especially
with complex issues.
Consequences may be outweighed by principles.
19
All steps every time?
Systematically develop intuitive models that create “smooth,
automatic performance of learned behavior sequences.”
(Cleveland, 1972)
Requires discipline and practice
14. Creates autonomy and choice
REWARDS: Self-awareness, self-control, and flexibility of
decision-making
20
Chapters three and four
Ethics in public administration
15. 1
The context of Administration
Modern heritage of PA in conflict with postmodern world.
“modern:” social, cultural, economic attributes associated with
western urban industrialized society
Bureaucracy
Technology
“postmodern:” finality and absolutism discredited
2
postmodernism
16. Integration vs. disintegration
Centralization vs. decentralization
Totalization vs. fragmentation
Melting pot vs. salad
Commensurable vs. incommensurable
Universalism vs. relativism
3
How deal with normlessness?
Values, beliefs, norms crafted through discourse and
deliberation.
Inclusive conversation about how to create order and meaning
in our lives together.
Some values persist, some undergo modification.
Public aspects agreed upon.
Private aspects provide diversity.
17. 4
Comingling of work and private life
Before, no separation.
Separation created separate ethical approaches.
Knowledge society has blurred lines again.
“Up in the Air” with George Clooney
Roles influence one another
Office connectedness no longer influences common standards
18. 5
Relativity
Roles are acquired and given up, no longer lifelong or stable.
Beliefs and values differ; this can erode sense of obligation and
duty.
Intentional construction of ethical norms more crucial than ever.
Is there a universal norm?
6
Pluralization
Foundation for loss of assumptions (science not enough),
multiplicity of roles and many “selves,” work-life commingling,
relativism.
Multiplicity of “publics.”
Treat the same (voting rights, employment)
Treat differently (ADA, affirmative action)
19. 7
Implications for PA:
Politics Intrudes
Political nature of PA—conflict of roles, goals require political
activity
Ethical concerns: corruption, inefficiency, abuse of power
Agency-party
Agency-agency
Agency-government branch
Agency-interest group
20. 8
Implications for PA:
Separation of Citizen/PA Roles
As Citizen:
Citizenship ideal: participate in decisions and consider the
opinions and wishes of others
Overreaction to small matters can be harmful
Graham: “be informed, be fair, be rational, be reasonable.”
As Administrator
Engage citizens in constructing a social order, rather than force
authoritatively.
Honor fiduciary responsible to the citizens
21. 9
Implications for PA:
Managers of Diversity
Participation costs and consumption costs must be taken into
account.
Sections of the citizenry must not be left out because of these
costs.
Standardization is not necessarily equity.
An array of services and delivery means is required.
10
Politics, ethics, and the Administrator
Representation:
Delegate or Trustee?
22. Education: opinion knowledge judgment
Teach/learn from politicians
Teach/learn from public
Implementation
Delegate or Trustee?
At which step in the process?
11
CHAPTER FOUR:
Administrative Responsibility
Objective Responsibility—legal, organizational, societal roots
Whom responsible to?
Organizational Superiors for support and for subordinates’
conduct and performance
Elected officials (obligations to them supercedes obligation to
organizational superiors)
Citizenry for discerning interests, preferences (the least
23. proximate and most fundamental)
12
Responsibility to elected officials for upholding the law
Objective responsibility derives from the decisions of others as
you accept role.
Laws governing the organization and your conduct are seen as
will of the people.
“Love the park” can lead to irresponsibility.
24. 13
Responsibility to superiors and for subordinates
Through hierarchy, law intent is concretized into programs and
services.
Personal desires are subjugated to chain of command
presumably reflects will of citizenry.
If responsibility and authority are not both present, it goes up
the chain.
Need for consultation and information sharing keeps it fluid.
Not deciding when both are present is irresponsible.
14
Quotable quotes
Function of an administrator “to complicate the lives of his
political masters at least to the extent of assuring that they did
not resolve complex issues of the basis of disingenuously
25. simple criteria.” Appleby as quoted by Egger (1965)
Public Interest: “what men would choose if they saw clearly,
thought rationally, acted disinterestedly and benevolently.”
Walter Lippmann (1922)
15
Responsibility to the citizenry
“Public Interest” a confusing and confounding phrase.
Give it lip service only?
Consider it a balancing act of special interests?
John Rawls (1971): reflect on the phrase from the “original
position”—without consideration for one’s own social class,
natural assets or abilities, or even the political and economic
characteristics of our society.
26. 16
Subjective Responsibility
Rooted in our own beliefs about loyalty, conscience,
identification
Attitudes, values, beliefs are the source.
When we internalize the external responsibilities of our role,
we guide our behavior more by subjective responsibility.
When internal code not informed by outside professionalism,
deviant behavior can occur.
Conscious and deliberate development of an internal code is
critical.
27. 17
Rokeach (1970)
18
Attitudes, Values, and Beliefs
Attitudes are formed by a combination of beliefs
Underneath the beliefs are values, which motivate you to take
action
These are called “sources of subjective responsibility,” and may
be rooted in one or more of our other roles, such as parent,
ASPA member, and such.
28. 19
Codes
Barnard writes of groups of values and principles which he
calls “codes.”
These codes are connected to roles.
Role components:
Objective role components = external obligations
Subjective role components = inner code
When inner code not influenced by a professional community it
can produce deviant behavior
When our conduct matches our inner code, we are responsible,
when it doesn’t, we are irresponsible.
29. 20
Integrity
Integrity is a state of “wholeness.”
It involves “moral judgment, creativity, and intuitive capability,
as well as rational-analytic powers.” Srivastva and
Cooperrider, (1988)
Subjective responsibility provides a “corrective” ethical force to
the administrative process.
Conscious and systematic development of subjective
responsibility is essential for carrying out objective
responsibility.
21
30. Case Study: Mrs. Carmichael
Questions to ask:
What are the facts concerning your objective responsibility?
What are your own assumptions and conclusions about the
situation?
What needs clarifying?
What are your own personal attitudes, beliefs and values
regarding this situation?
22
K.T. Connor, PhD
[email protected]
31. Ethics in Public Administration:
Chapter 9 and 10
1
Design Approach
Three Main Elements:
Begin with assumption of uncertainty and acknowledge the
ambiguities
Address the fundamental issues by defining the problem simply,
statically, and narrowly
Consider time restraints and be open to pursue multiple options
32. at once
Criteria to meet when finding a solution to a problem:
Will the solution…
Achieve the desired outcome?
Conform to given specifications or explicit criteria?
Be reasonably secure against accidents?
Be consistent with existing background constraints?
Resolving ethical problems
33. Must be done within certain constraints of time and may
require pursuing multiple solutions at once.
Working administrators do not have the luxury of unlimited
time to make decisions.
It may be better to take small steps toward a solution to avoid
risky or damaging action.
Sometimes the most ethical course of action
would result in sacrificing other important values, so it is not
pursued.
Organizational settings can encourage or impede ethical
conduct—or both
The organizational structure and culture must be considered.
The proactive preventive approach would be to regularly
conduct an ethics audit or assessment of the structure and
culture of the organization.
What kind of dissent channels are there?
Has there been retribution or rewards for dissent in the past?
34. General Application:
Abu Ghraib
Ethically questionable formal and informal interrogation
techniques, and leadership had created an environment that
failed to stop or report the abuse.
How to approach it…
Where did the rules of interrogation and abusive prisoner
treatment originate?
What part of this situation involves illegal conduct and what
part involves unethical conduct?
What kind of management interventions would be required to
create the conditions that would establish and maintain ethical
conduct?
35. The Favorite Contractor
Alpha and Bravo perform equally well, but Alpha gets all the
large contracts. Your boss says this is due to stability
increasing efficiency. Bravo is minority owned. Is the decision
racially motivated?
Define the problem: Is there evidence of racial bias? If not,
what other reasons could there be for the preferential treatment
of Alpha?
Work through the decision making model:
Describe the situation and define the ethical issues.
Identify potential courses of action and the probable
consequences.
36. The Favorite Contractor (cont.)
What organizational factors may impact your plan of action?
Is it difficult to deal with unethical decisions made above your
level?
Are there dissent channels established?
Consider the changes you might make to the organization to
support consistent ethical conduct.
The design approach pushes us to…
Expand our thinking of ethical conduct to include the entire
organizational environment, structure, and culture.
Consider the constraints of the real world context in which
ethical problems occur
37. In addition to the problem-solving model
Take into account organizational setting in which you work
Look at both structure and culture
Think of changes in structure and culture that would be needed
to encourage good behavior
Think strategically
COMPLETING THE MODEL
Define carefully the problem (facts and principles)
Choose tentative best course of action and look at
consequences.
Consider organizational influences that might encourage or
impede success of your solution.
38. Using the components chart as a guide, plan interventions to
build support for your solution(s).
Cooper’s Model
12
Components of Responsible Conduct
40. Objective Responsibility
vs Subjective Responsibility
Manifested in 3 types of conflict
1. conflicts of authority
2. role conflicts
3. conflicts of interest
Where does the ultimate responsibility lie?
Levels of Ethical Response
Expressive level
Level of moral rules
Level of ethical analysis*
Post-ethical level
41. A Model of Responsible Administration
Combine the components of responsible conduct and
components of individual autonomy
Recognize the obligations
of organizational
and citizen role
When ethical issues and conflicts do arise What does a
responsible administrator look like? There is no definite blue
print or checklist rather guidelines and models. Situations
always vary and are always changing so all that can exist are
42. guidelines which can flunctuate for each situation. The
Responsible administrator must:
Combine the components of responsible conduct and
components of individual autonomy
Recognize the obligations of organizational and citizen role
Citizen role is priority: when obligations to the citizen are in
conflict, the fundamental duty is to citizenry
18
Administrator’s Ethical
Identity
Cultivate ETHICAL Identity
Working theory of ethical conduct
Sense of intuitive judgment
Integrity of character
43. In order to first design our solution we must first cultivate our
ethical idenity because our prior decisions made over course of
career are made subconsciously
We must create and follow guidelines that will guide us through
a process to make the ethical decision.
It is necessary to remember that making an ethical decision Is
not made subconsciously there should be series of analyzing and
projections of the outcomes.
19
Model of Responsible Administration
Threats are counterbalanced by:
organizational actions
individual responsible administrative actions
Identify elements that provide corrective forces
44. Incongruence between administrative obligations and
organizational goals will produce conflict and tension
When the tension arises we must Identify elements that together
provide corrective forces if incongruence occurs
These corrective forces will vary for each different kind of
threat.
It is important to remember that it is not enough to just create
corrective forces for the yourself, the administrator you must
also be sure that there are guidelines and forces that exisist
within the organization if certain conflicts arise.
For individual action remember your responsibilities as a public
servant and be sure to keep in mind your personal values and
beliefs
To carry out a decision or create a solution Key elements of the
administrator’s work environment must be taken into account as
well such as
1. organizational setting in which problem emerges
2. organizational structure and culture
3. the needed changes in organization to make it more
supportive of ethical conduct
4. the management perspective, think strategically
45. 20
Threat: Corruption
Maintain and develop knowledge of organization and its mission
Make decision consistent with legally mandated mission of
organization
Work within specialized structure of organization
Organizational Actions
Threat: Corruption
Individual Actions
Maintain and develop knowledge of values and beliefs
Offer proposals for legislative changes in organizational
mission
46. Encourage collaboration among units with elected officials and
the public
Threats: Tyranny/hubris
Organizational Actions
Act within the provisions of current codes and ethics legislation
Acknowledge accountability to the hierarchal structure of the
organization
Threats: Tyranny/hubris
Individual Actions
47. Act within the values of the political community and personal
conscience
Question
Resist
Challenge
Question, resist, and challenge orders inconsistent with mission
of the organization and offer proposals for legal and
institutional protections from retaliation.
24
Threats: Self Service
Organizational Actions
Maintain and enhance the knowledge of the professional field
systems
Commit energy and time to the work of the organization, its
48. mission, and its policy arena
Exercise the best technical judgment.
25
Threats: Self Service
Individual Actions
Maintain and develop current knowledge of the social, political
and economic systems
Maintain and cultivate family, social, and community
relationships
Provide for regular and accessible public participation
49. Checks and Balances
Create forces that balance response to:
Organizational corruption, self-service, and tyranny
Individual corruption, self service and arrogance
*Develop knowledge of organization and mission
*Develop self awareness
Maintain and develop knowledge of the organization, its
mission, and its policy arena
Develop self awareness through regularly reflecting on position
in relation to job related issues and where we stand on political,
social, and philosophical concerns
50. 27
Role as Public Leader
Be Engaged
Be Creative
Remember all enclaves of life
Set aside private projects and interest and engage seriously and
actively in the work for the public.
Bring best Creative insights to bear on public problems
Remember Commitment to other enclaves of life
Remember Commitment to other enclaves of life
Maintain family, social, and community relationships
51. 28
Technical Judgment
Professional Values are informed by the public
Technical knowledge must be complemented with intelligence
gathered from the CITIZENRY
Technical efficiency should be subordinated to the will of the
citizenry
Technical knowledge must be complemented with intelligence
gathered from the CITIZENRY through regular and effective
opportunities for participation
Technical efficiency should be subordinated to the will of the
citizenry
29
Educate Citizenry
52. Accept right of the people to influence the decision
Bring expertise to bear on problems
Educate the citizenry about technical considerations in an issue
Accept the right of the people to influence the decision and
action
30
Accomplishing Tasks Together
Contribution of elected officials, professional association, and
academic institutions
Go beyond public agencies and their interests
53. Partnerships
Contribution of elected officials, citizens’ organizations,
professional association, and academic institutions
Some work lies beyond capacity of public agencies and their
interests
Some work entails partnerships arrangements and other tasks
will have to be undertaken outside of the public organization
“Responsible administration is not just the task of those who
practice public administration. It is the work of all who strive
for a democratic society in administrative state.”
31
54. A Long Term Commitment
Create a Balance between the citizens and the organization
Structure
Personnel
Training program
Formal rules and policies
Prevailing informal norms
Relationship to the citizens
Create a Balance between citizenships and the organization by
creating implementing the proper environment. Regulate the
environment by creating criteria and guidelines
Structure
Personnel
Training program
Formal rules and policies
56. 1
Chapter Seven:
Two Faces of Irresponsibility
Using a public organization’s information and access to key
people for personal gain
Bending the direction of policies and programs away from their
mandated objectives
A conflict among internal and external controls reflects faulty
design and is conducive to unethical conduct.
57. 2
Conflicts among Internal and External Controls
Sexual orientation and law enforcement.
What are the facts?
What principles were at risk?
What is the cause of the problem?
What are some solutions?
Natural Death
What are the facts?
What external controls were in conflict?
What internal controls were in conflict?
What three things were wrong with the Natural Death Act itself?
58. 3
Components of Responsible Conduct
Individual Attributes
Give examples
Organizational culture
Give examples
Organizational Structure
Give examples
Societal expectations
Give examples
4
59. Components of Responsible Conduct
5
Individual Attributes
Need to recognize certain conditions
Moral ambiguity
Self interest and altruism
Contextual forces that condition priorities
Values reordered as situations change
Paradoxes of procedures
Give order and yet can become ends
Moral Qualities
61. 7
Organizational Structure
Objective responsibility is enhanced through clear
accountability
Subjective responsibility is enhanced at every level through the
constitutional nature of the organization.
Heightening both focuses efforts toward achieving goals.
8
Organizational Culture
Informal set of myths, rituals, values and norms that exist
alongside the formal structure
Culture may subvert the best efforts of leaders desiring to build
62. an ethical organization
Individuals who are ethical are hired and trained
Accountabilities may be clear
Culture can still subvert
Discourage ethical behavior
Encourage unethical behavior
9
Societal expectations
Expressed through
Participation
Must be carefully planned and systematically structured
Can be frustrating, time consuming, anxiety producing
Two results: maintains the people as the focus and assists in
clarifying laws
Laws and policies
Some cohesion needed in pluralistic diversity
63. Two results: provide constraints on administrators and link
administrator with executive, judicial, legislative offices.
10
Measuring Ethical Culture
Kinds of Values
Intrinsic
Intrinsic thinking about ethics focuses on the personal ethics:
on personal conscience, an individual's sense of responsibility,
and personal integrity.
Extrinsic
The extrinsic dimension focuses on practical ethics. It involves
seeing oneself as responsible for the common welfare, as
willing to do what is required to carry out good deeds, and as
feeling an obligation to do good.
Systemic
64. Systemic thinking about ethics is all about moral code. It speaks
of respect for rules, compliance with regulations, and clarity of
ethical principles.
11
Value Science
Axiology
Robert S. Hartman
Nazi Germany
“The engineering of good.”
Axiometrics
Wayne Carpenter
Philosophy student
Helicopter decision simulator
66. Key Relationships
Societal Expectations prime
Individual attributes must support public interest
Organizational structure must provide access
Organizational culture must include norms that encourage
support of law and engagement with the public
14
K.T. Connor, PhD
[email protected]
67. Ethics in Public Administration:
Chapter Six
1
MAINTAINING RESPONSIBLE CONDUCT
Personal Emphasis up to now
Cultivate an awareness of ethical dilemmas
Develop ways to conceptualize them
Practice ways to think about resolution
Need to consider organizational policy and management
Is a code enough?
Is a design better?
68. 2
The Situational Context
Zimbardo’s The Lucifer Effect
Sensitive, caring students become brutal in a prison simulation
Trevino(1986) : individual and situational variables interact
with cognitive component to determine how an individual will
decide
Both job characteristics and organizational culture can
contribute.
69. 3
Internal and External Controls
Carl Friedrich: internal more important; Herman Finer: external
institutional controls more.
Neither is sufficient alone; issue is emphasis.
Pay attention to more laws, management controls, performance
evaluation tightening
Pay attention to counseling, training, professional codes of
conduct.
The real issue: How to integrate the two
4
“Much Ado About Something”
70. What are the facts?
What are the principles involved?
What alternatives might resolve this?
5
External Controls
Max Weber (1946) “The honor of the civil servant is vested in
his ability to execute conscientiously the order of the superior
authorities, exactly as if the order agreed with his own
conviction.”
They are “tools” of the organizations. Without Sympathy or
Enthusiasm: The Problem of Administrative Compassion,
Thompson (1975).
The problem is: the “tools” are people.
71. 6
Ethics Legislation
Does the law define obligation; is personal discretion reduced?
Law is a collective ethical judgment, a moral minimum
established by the political community.
Principles and priorities are still critical.
People still engage in ethical assessments of laws
Vary in seriousness, sophistication, legitimacy
7
Ethics Legislation
72. Started with Andrew Jackson’s sharing of the “spoils”
Influence peddling, information peddling, and public funds for
personal gain were common
No “science of administration” or concept of “public servant”
After that many federal and state ethics laws and committees
8
Codes of Ethics
Center for the Study of Ethics in the Professions online
database
Some focus on peer esteem and have no formal enforcement
Others censure, suspend, or expel:
National Education Association (NEA)
International City/County Management Association (ICMA)
73. 9
ASPA
Revised many times, awareness and use have increased
Enforcement not a part of it due to diverse membership
Tenents:
Serve the public interest
Respect the Constitution and the law
Demonstrate personal integrity
Promote ethical organizations
Strive for professional excellence
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Cowboy Ethics: What Wall Street Can Learn From The Code Of
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78. Pros and Cons of Ethics Legislation
Pros
Provide broad constraints on decision-making
Provide sanctions for irresponsible decision-making
Provide cautionary examples
Cons
Broad and subject to interpretation
Difficult to enforce
Enforcement may be demoralizing
12
Pros and Cons of Codes of Ethics
Pros
Can present lofty ideals of profession
Can be tailored to fit specific situations
Can be mechanism for clarifying values of group
79. Cons
Vague loftiness can inhibit concrete application
Difficult to enforce
Enforcement may be irrelevant—members can leave the
association
Can stifle discretion and inhibit job performance
13
Internal Controls
Responsiveness: the internalization of “technical knowledge”
and sensitivity to “public sentiment” Friedrich(1935)
External controls are “poor substitutes for a sense of duty. ….
One cannot commandeer responsibility. One can only cultivate
it, safeguard its roots, stimulate its growth, and provide it with
favorable climatic conditions.” Fritz Marx (1940)
80. 14
The New Public Administration
Minnowbrook Conference 1968: Began the movement
Administrators not simply neutral instruments of elected
officials but bring to policymaking and administration a
commitment to change.
Organizational change, social equity, and good management are
strongly bound together.
Client-oriented administration: the public and its problems are
the focus of concern.
81. 15
Tenents of the New Public Administration Movement
Administrators inevitably involved in politics
Political control over bureaucracy is essential
External political controls are not enough
External points of reference (management techniques,
professional standards, democratic government) engender
internal values and thus enhance responsible conduct.
16
PROS OF INTERNAL CONTROLS
Values internalized remain in the decision process. (Even if
supervisor or external controls are weak or absent.)
Internalized values are likely to create a responsive bureaucracy
82. that takes into account the unique dimensions of concrete
situations.
Cultivating internal controls give a person self-confidence even
in the midst of difficult decisions.
Cons of Internal Controls
In a society with relative values, whose values should be
adopted?
Internal controls can be unreliable and self-serving can
contaminate responsibility
Competing internal values can create conflict, e.g. technical or
professional standards can compete with sensitivity to public
concerns.
83. 18
ASPA CODE OF ETHICS
HTTP://WWW.ASPANET.ORG/PUBLIC/ASPA/RESOURCES/C
ODE_OF_ETHICS/ASP
A/RESOURCES/CODE%20OF%20ETHICS1.ASPX
I. Serve the Public Interest
Serve the public, beyond serving oneself. ASPA members are
committed to:
1. Exercise discretionary authority to promote the public
interest.
2. Oppose all forms of discrimination and harassment, and
promote
84. affirmative action.
3. Recognize and support the public's right to know the public's
business.
4. Involve citizens in policy decision-making.
5. Exercise compassion, benevolence, fairness and optimism.
6. Respond to the public in ways that are complete, clear, and
easy to
understand.
7. Assist citizens in their dealings with government.
8. Be prepared to make decisions that may not be popular.
II. Respect the Constitution and the Law
Respect, support, and study government constitutions and laws
that define
responsibilities of public agencies, employees, and all citizens.
ASPA members
are committed to:
1. Understand and apply legislation and regulations relevant to
their
professional role.
2. Work to improve and change laws and policies that are
85. counterproductive
or obsolete.
3. Eliminate unlawful discrimination.
4. Prevent all forms of mismanagement of public funds by
establishing and
maintaining strong fiscal and management controls, and by
supporting
audits and investigative activities.
5. Respect and protect privileged information.
6. Encourage and facilitate legitimate dissent activities in
government and
protect the whistleblowing rights of public employees.
7. Promote constitutional principles of equality, fairness,
representativeness,
responsiveness and due process in protecting citizens' rights.
III. Demonstrate Personal Integrity
Demonstrate the highest standards in all activities to inspire
public confidence
86. and trust in public service. ASPA members are committed to:
1. Maintain truthfulness and honesty and to not compromise
them for
advancement, honor, or personal gain.
2. Ensure that others receive credit for their work and
contributions.
3. Zealously guard against conflict of interest or its appearance:
e.g.,
nepotism, improper outside employment, misuse of public
resources or the
acceptance of gifts.
4. Respect superiors, subordinates, colleagues and the public.
5. Take responsibility for their own errors.
6. Conduct official acts without partisanship.
IV. Promote Ethical Organizations
Strengthen organizational capabilities to apply ethics, efficiency
and
87. effectiveness in serving the public. ASPA members are
committed to:
1. Enhance organizational capacity for open communication,
creativity, and
dedication.
2. Subordinate institutional loyalties to the public good.
3. Establish procedures that promote ethical behavior and hold
individuals
and organizations accountable for their conduct.
4. Provide organization members with an administrative means
for dissent,
assurance of due process and safeguards against reprisal.
5. Promote merit principles that protect against arbitrary and
capricious
actions.
6. Promote organizational accountability through appropriate
controls and
procedures.
7. Encourage organizations to adopt, distribute, and periodically
88. review a
code of ethics as a living document.
V. Strive for Professional Excellence
Strengthen individual capabilities and encourage the
professional development of
others. ASPA members are committed to:
1. Provide support and encouragement to upgrade competence.
2. Accept as a personal duty the responsibility to keep up to
date on
emerging issues and potential problems.
3. Encourage others, throughout their careers, to participate in
professional
activities and associations.
4. Allocate time to meet with students and provide a bridge
between
classroom studies and the realities of public service.
90. 1
Conflicts of Responsibility
Chapter Three describes the nature of roles in modern and
postmodern society.
Chapter Four discusses objective and subjective responsibility.
We have many roles, each of which consists of many sets of
obligations and interests.
Therefore, conflicts can be frequent, even between the roles of
citizen and administrator.
2
Conflicts of Authority
Conflict between objective responsibilities imposed by two or
more sources of authority
91. The law
Superiors
Politicians
The public
3
The Major, the Captain, and Corporal Montague
What are the facts: law, superior’s orders, impact on
subordinates?
What are the Principles: personal values, beliefs?
What alternatives do most justice to both objective and
subjective responsibility
May need to subordinate orders to law, principle
May not be one easy answer
May be painful but the pain is understood
92. 4
Role Conflicts: Inside vs. Outside
Politics and Toilets
Public health officer
Duty to citizens
Duty to Director
Leader in National Public Health Association
Champion of high standards
Writer of Guidelines
93. 5
Raising Salaries or Raising Hell?
Loyalty to staff vs. solidarity with management
Responsiveness to staff vs. authority of management
Union interests vs. department interests
Role Conflicts: Inside vs. Inside
6
Consequences of Role Conflicts
Moral deterioration: frustration and inability to make decisions
Sense of responsibility reduced: pressure and chance determine
decisions
Withdrawal: resignation, leave of absence, retirement
Avoid responsibility: avoid conflict and difficult decisions
Develop problem-solving ability: alternatives that satisfy
94. desires and requirements without violating codes
7
“Moral Creativity”
Understand facts of situation
Understand roles, values, codes
Consider all possible alternatives
Project consequences on roles and codes
Anticipate self-satisfaction level
Justify chosen alternative in terms of principles and
consequences
95. 8
That model again
9
Conflicts of Interest
Public role vs. self interest
Broader than just economic interest
Broader than what is or isn’t legal
“Situation in which a public employee has a
private or personal interest
sufficient to influence or appear to influence
the objective exercise of his official duties.” Institute of
Public Administration of Canada
96. 10
Types of Conflict of Interest
Bribery
Influence Peddling
Information Peddling
Financial Transactions
Gifts and Entertainment
Outside employment
Future employment
Dealings with relatives
97. 11
Maintaining the Public Trust
National Academy of Public Administration (after Watergate):
The officials in this political scandal did not understand that
“their obligations to the public as a whole
entail an additional and more rigorous set of standards and
constraints associated with the concept of public.
Many practices which are permissible, even normal, in the
private sector are, or should be, forbidden in government.”
Even the APPEARANCE of a conflict is interest is problematic.
http://www.youtube.com/watch?v=UVrGZSxpBEA
12