Ethics training presentation for local government employees on avoiding the "appearance of impropriety"

1. Presentation to
Leadership Team
By Simone Marstiller
January 17, 2018

2. Ethics Training Module:
Understanding the
Appearance of Impropriety
Standard

3. Ethics Training Module: Appearance of Impropriety
OBJECTIVES
 What are the values of public service
 What/where are the standards of conduct for local
government officials and employees
 What does “appearance of impropriety” mean
 How to avoid the appearance of impropriety

5. Ethics Training Module: Appearance of Impropriety
PUBLIC SERVICE VALUES
 Honesty: This is the most basic level of ethics. Everyone has the
responsibility to be truthful, straightforward and sincere in their
dealings with others.
 Integrity: Integrity requires the courage to act on one’s values,
beliefs and convictions, and to do what is right rather than what is
expedient.
 Citizenship: Public officials and employees have the responsibility
to serve as role models for others to encourage participation in and
respect for the democratic process of decision making.

6. Ethics Training Module: Appearance of Impropriety
PUBLIC SERVICE VALUES
 Accountability: The public official or employee has a special
obligation to be accountable for his or her actions, and the actions of
the organization.
 Trust: Public officials and employees must promote the public
interest and maintain the public’s trust and confidence in their
government.

7. Ethics Training Module: Appearance of Impropriety
Standards of Conduct for
City of Tallahassee officials and employees
Chapter 112, Florida Statutes
 Code of Ethics for Public Officers and Employees
City Ethics Code

8. Ethics Training Module: Appearance of Impropriety
City Ethics Code
Section 2-3 – Loyalty Oath
All public officials and employees of the city shall, in addition to the standard loyalty oath sworn
by all public employees, swear or affirm the following oath. The oath, which must be in writing
and filed in the city's records, shall read as follows:
I, ____________ , being employed by or an officer of ____________ and a recipient of
public funds as such employee or officer, do hereby solemnly swear or affirm that I will support
the Constitution of the United States and of the State of Florida. I further solemnly swear or
affirm that I have a commitment to the public trust, the highest standards of professionalism
and ethics including a commitment to the constant appearance of propriety, always
putting public trust first and never allowing personal benefit to affect my decisions and service
as a public servant.

9. Ethics Training Module: Appearance of Impropriety

10. Ethics Training Module: Appearance of Impropriety
Florida’s Code of Judicial Conduct
 Canon 2:
A judge shall avoid impropriety and the appearance of
impropriety in all activities.
 A judge shall respect and comply with the law and shall act at all times in
a manner that promotes public confidence in the integrity and
impartiality of the judiciary.

11. Ethics Training Module: Appearance of Impropriety
Appearance of Impropriety means . . .
 THE PERCEPTION that a public official or employee
 May be using the office or position to obtain a personal benefit
 May be conveying a benefit or favor to a constituent outside the
normal channels
 May be making or taking part in an official decision despite a
conflict of interest
 May be acting otherwise unethically

12. Ethics Training Module: Appearance of Impropriety
Whose perception?
The reasonable observer
who doesn’t know the specific circumstances

13. Ethics Training Module: Appearance of Impropriety
The TEST for Appearance of Impropriety
Whether your conduct would create in reasonable minds a
perception that your ability to carry out your responsibilities
with integrity, impartiality, and competence is impaired
Not what YOU think, but what OTHERS would think

14. Ethics Training Module: Appearance of Impropriety
☑ The Appearance of Impropriety
is as important
as the Impropriety itself.
In other words, conduct that creates an appearance of impropriety is equally
as damaging to the public’s trust and the integrity of government as an actual
ethical violation.

15. Ethics Training Module: Appearance of Impropriety
Avoiding the Appearance of Impropriety  Situations
 You work in the procurement department and you know a particular solicitation will
issue in a week. A friend, who you’re fairly certain will put in a bid, asks you to lunch.
Should you accept the invitation?
 You are a high-level commission staffer. A colleague who doesn’t work for the
commission asks you to accompany her to an event that you know will be attended by
representatives of an organization with business pending before the commission.
Should you go to the event?
 You are the head of a regulatory department and are invited to speak at an industry
event. After your speech, the event organizer tells you a small, exclusive group is
gathering later for dinner and would like you to join them. You would pay for your
dinner, of course, but you know – and they know – you will be appearing before the
commission soon concerning a potential regulatory change that will affect those at
the dinner, as well as others at the industry event. Should you attend?

16. Ethics Training Module: Appearance of Impropriety
Avoiding the Appearance of Impropriety 
The key question:
 Even if I’m not violating any ethical rule, how will it look
if I _________________?

17. THANK YOU
Simone Marstiller
smarstiller@gunster.com
(850) 521-1702
Ethics Training Module: Appearance of Impropriety