Navigating Ethical Dilemmas. Mark Quiner, Director NCSL Center for Ethics in Government, November, 2016

Transcription

1 Navigating Ethical Dilemmas Mark Quiner, Director NCSL Center for Ethics in Government, November, 2016

2 Ethics in the News NM Sen. Griego to face 9 corruption charges US Supreme Court overturns VA Gov. McDonnell conviction Alabama Political corruption charges in all 3 branches of government Former House Speaker Dennis Hastert Indicted

3 Types of Legislatures Full-time, well-paid, large staff Hybrid Part-time, low pay, small staff

4 Purpose Today What ethical values are important to you? (where do you get your values?) How your values influence your job in the real world? Real world applications.

5 Law-based ethics Two Types of Ethics Right versus wrong Laws, rules, policies, guidelines What must we do? Why do good people still make bad choices? Value-based ethics Right versus right No formal guidance values or principles What should we do? Gray areas can be confusing

6 Your Work Environment Identify top 3 ethical values as a legislator Identify top 3 ethical values for your legislature How do you apply these values in your job? Are these values ever in conflict? Character vs. Reputation

7 Oversight Regulation of lobbying Conflicts of interest Disclosure Open meetings Law-Based Ethics

8 Value-Based Ethics Standards of conduct Moral judgment Adherence to laws and rules Core values, principles Public perception

9 Ethical Decisions Which Way to Go?

10 Legislative Values (examples from states) High moral and ethical standards among public servants are essential to assure the trust, respect, confidence of the people of the state. A part-time citizen legislature implies that legislators are expected and permitted to earn outside income. No code of conduct, however comprehensive can anticipate all situations. Laws and regulations regarding ethical responsibilities cannot legislate morality.

11 Legislative Values (examples from states) Compliance is an individual responsibility. treat each other and the public fairly, equally, and with dignity and respect. be courteous to the public and respectful of the institution. Maintain and respect confidentiality. Treat all with courtesy and civility. Act honestly, fairly and openly so that others can rely in good faith on your words and actions.

12 Tension Points for Legislators Who do you serve? Citizens versus your moral issues Budget priorities Keeping your word Conflicts of interest

13 Conflicts of Interest Conflicts are inherent to the public sector. Most common ethical dilemma for legislators. Standards are high. Personal interest versus the public s interest Financial or personal gain Shielded if part of a group and all benefit the same; but how large is the group?

14 Examples from Two States A fair and open government requires legislators and employees conduct the public s business in a manner that preserves the integrity of the legislative process and avoids conflicts of interest or even appearances of conflicts of interest. Avoid actions that might impair your independence of judgment or give the appearance of impropriety.

15 Discuss and Debate

16 Ethical Dilemma: How Do You Know? Mom or child test Headline test Stench Gut test

17 Getting Guidance Apply legal and rule guidelines. Know your personal and legislative values. Get advice from a trusted advisor: staff attorney, colleague, spouse, friend. Look for on-the-job lessons. Anticipate ethical hot spots.

18 When Faced with an Ethical Dilemma Recognize there is an ethical issue. Gather facts and define the problem. Can rules or laws solve it? If not, what values conflict? Analyze your options. Act. Reflect.

19 Ethics Takes Courage Courage is the most important of all virtues, because without courage you can t practice any other virtue consistently. You can practice any virtue erratically, but not consistently without courage. Maya Angelou

20 Do ethics matter?

21 Life goes on.

22 Thank You