Ethical Foundations For Public Service: Part 1: Philosophy and Principles
Ethical Foundations For Public Service: Part 1: Philosophy and Principles
Ethical Foundations For Public Service: Part 1: Philosophy and Principles
Handbook
August 2010
Table
of
Contents
Introduction .......................................................................................................................................... 2
Overview ............................................................................................................................................. 3
Guidance
Oregon Government Standards & Practices Commission ...................................................... 3
Applicability ........................................................................................................... 3
Prohibitions ............................................................................................................ 4
Conflict of Interest ................................................................................................. 4
Who May Request an Advisory Opinion? .............................................................. 5
Contact .................................................................................................................. 5
Carrying Out Ethics
Making the Tough Ethical Decisions ....................................................................................... 5
A Beginning Point in Decision Making: A Simple Ethical Behavior Test ............................................ 6
Incorporate Ethical Conversation Into the Culture .................................................................. 6
1
Ethical
Foundations
for
Public
Service.
Training
&
Organizational
Effectiveness,
Office
of
Human
Resources,
Oregon
State
University,
August
2010
©.
Introduction
Ethics is a branch of philosophy that addresses questions about morality—that is concepts of
right versus wrong, good versus bad, and noble versus ignoble, etc. As managers and
supervisors, you’ll be faced with situations where you'll ask yourself, “What is the right thing to
do?” While it is easiest if the situation has a clear solution, many ethical dilemmas live in "gray"
with no definite answer.
As a state entity, OSU’s work lies in providing public service and upholding public trust. The
question of how the public is best served will inevitably result. As a land grant institution, OSU is
responsible for expanding knowledge (research focus), transferring knowledge (teaching
emphasis) and sharing this knowledge with the public (Extension and outreach to its citizens).
With this broad constituency, you may be faced with the need to resolve competing interests,
and the manner in which you uphold the ethical values of OSU can impact areas beyond your
work place.
As a state agency, there are numerous, written ground rules to be aware of depending on your
specific responsibilities. As a manager or supervisor, it is your obligation to become familiar with
the laws, policies, procedures, professional standards, and other guidelines and protocols to
help you make consistent, effective and ethical decisions.
Though this series provides an overview of written ground rules, practical applications, and
scenarios around the topic of ethics, ultimately that which is written is carried out through your
behaviors and practices in the workplace. In the end, what you do and how you do it defines the
ethical foundation and practices of an organization.
2
Ethical
Foundations
for
Public
Service.
Training
&
Organizational
Effectiveness,
Office
of
Human
Resources,
Oregon
State
University,
August
2010
©.
Overview
Learning Objectives
The Government Standards and Practices Commission was established
in January 1975 and is
composed of seven members. Its mission is to fairly and impartially administer the regulatory
provisions of ORS Chapter 244, Oregon Government Standards and Practices law; ORS
171.725 to 171.785 and 171.992, Lobby Regulation and Oregon Public Meetings law; ORS
192.660, efficiently, expediently and with the highest possible emphasis on customer service for
complainants, respondents and the general public of Oregon. Records of the Commission are
public record.
The Oregon Government Standards and Practices Laws guide is not designed to prevent
conflicts of interest from arising, but to help you know the appropriate action to take when
potential or actual conflicts occur.
Applicability
You are a public official if you serve the State of Oregon or any of its political
subdivisions or any other public body of the state as an officer, employee, agent, or
otherwise, and irrespective of whether the person is compensated for such services.
3
Ethical
Foundations
for
Public
Service.
Training
&
Organizational
Effectiveness,
Office
of
Human
Resources,
Oregon
State
University,
August
2010
©.
Prohibitions
The Code of Ethics prohibits certain conduct. For instance, you may not:
1. Use your public office either to obtain financial gain or avoid financial detriment
for:
• Yourself;
• Your household; or
• A business in which you or a member of your household is associated.
2. Use confidential information received because of your public office for private
gain.
3. Solicit or receive a promise of future employment with the understanding that
such employment will influence your official action. In addition, the following are
prohibited from being employed (one year) or from lobbying (two years) after
leaving office, with or on behalf of the entities they regulated:
4. Solicit or receive, during a calendar year, gifts with an aggregate value of over
$50 from a source that has a legislative or administrative interest in your office.
(Gifts from relatives, campaign contributions, or your own travel reimbursement
from the host or sponsor of an office-related event are not prohibited)
5. Solicit or receive campaign contributions during a regular session for legislative
or statewide officials, political candidates and associated campaign committees.
Conflict of Interest
• take any action (i.e., vote, debate, recommend or A legislator owning a car
discuss) where the effect of which would be to the need NOT declare a
financial gain or loss of yourself, a member of your potential conflict of
household, or an associated business of either. interest before voting on
a bill raising registration
• A potential conflict of interest does not exist when your
fees for all car owners.
financial gain or loss arises because:
4
Ethical
Foundations
for
Public
Service.
Training
&
Organizational
Effectiveness,
Office
of
Human
Resources,
Oregon
State
University,
August
2010
©.
• you have an interest or membership required by law before you may hold your public
office; or
• your action effects to the same degree all people in Oregon, or a large class of
people, with which you are associated.
5
Ethical
Foundations
for
Public
Service.
Training
&
Organizational
Effectiveness,
Office
of
Human
Resources,
Oregon
State
University,
August
2010
©.
A Beginning Point in Decision Making: A Simple Ethical Behavior Test
When faced with ethical dilemmas, consider using the following questions as an initial guide in
your decision making process:
If this doesn’t provide an answer, whom can you consult within your organization? Outside your
organization?
6
Ethical
Foundations
for
Public
Service.
Training
&
Organizational
Effectiveness,
Office
of
Human
Resources,
Oregon
State
University,
August
2010
©.
• Administrators defer to the policy-making prerogative of the legislature and
implement laws in good faith.
• Maintains integrity of democratic process; honors the spirit and intent of rules and
laws.
• Does not use government resources for personal gain, campaigning or party work.
• Does not use title, prestige or the implicit power of public office for personal benefit.
• A
small,
political
constituency
that
financially
contributes
to
your
research
efforts
is
pressuring
you
to
support
their
efforts
over
another
larger
entity.
How
do
you
handle
this
to
meet
the
broader
public
trust?
• In
non-‐work
time,
you
have
been
politically
active.
Your
party
is
encouraging
you
to
lobby
those
you
know
to
support
particular
candidates
in
a
tight
race.
How
can
you
meet
both
your
work
obligations
and
your
activism
interests
while
adhering
to
the
issues
of
public
trust?
• You
must
implement
a
revised
law
that
was
passed
by
Oregonians
in
a
recent
election
that
you
are
strongly
opposed
to.
To
fulfill
your
obligations
to
the
public,
what
do
you
do?
• An
organization
you
work
closely
with
has
invited
you
and
your
family
to
their
box
office
seating
and
accommodations
for
a
professional
sports
game.
What
do
you
do?
7
Ethical
Foundations
for
Public
Service.
Training
&
Organizational
Effectiveness,
Office
of
Human
Resources,
Oregon
State
University,
August
2010
©.
Principle #2: Independent Judgment
Public servants employ independent, objective judgment in performing their duties, deciding all
matters based on merit, free from avoidable conflicts of interest, and both real and apparent
improper influences. Ethical ground rules that demonstrate independent, objective judgment
include:
• Make independent, fair and impartial judgments; avoid conflicting financial, social and
political interests.
• Exercise the power of office fairly and without prejudice or favoritism.
• Make employment decisions based on merit; not patronage.
• A
person
who
is
in
a
significant
position
of
influence
has
shown
favoritism
towards
several
people
at
the
expense
of
the
greater
good.
How
would
you
handle
this?
• A
manager
in
a
high-‐profile
role
appears
to
be
hiring
his
colleagues
and
friends.
You’re
questioning
whether
or
not
these
hires
were
the
most
qualified
candidates.
What
do
you
do?
• A
supervisor
for
whom
you
work
has
made
subtle
comments
about
a
class
of
people
that
may
be
perceived
as
prejudicial.
You’re
concerned
about
how
this
might
affect
this
class
of
people,
who
make
up
a
large
proportion
of
seasonal
hires.
What
do
you
do?
8
Ethical
Foundations
for
Public
Service.
Training
&
Organizational
Effectiveness,
Office
of
Human
Resources,
Oregon
State
University,
August
2010
©.
Principle #3: Accountability
Public servants should assure that government is conducted openly, efficiently and honorably in
a manner that permits the citizenry to make informed judgments and hold government officials
accountable. Ethical ground rules that promote accountability include:
• Your
relative
has
asked
you
to
assist
him
in
obtaining
contractual
work
with
OSU.
How
can
you
help
him
in
a
way
that
doesn’t
violate
legal
or
ethical
principles?
• You
see
numerous
ways
to
gain
efficiencies
and
improve
systems
in
your
work
unit.
Your
Director
has
not
been
open
to
your
ideas.
You
continue
to
be
bothered
by
what
you’re
observing.
What
might
you
do?
• Your
office
engages
in
a
fund-‐raising
activity
that
will
mostly
occur
over
the
lunch
period,
but
overlaps
into
regular
working
hours.
The
fund-‐raising
activity
is
for
a
worthy,
non-‐profit
group
that
will
benefit
families
in
need
during
the
holiday
season.
Is
the
work
time
spent
in
this
endeavor
justifiable?
• Your
unit
head
decides
to
close
the
office
the
afternoon
before
a
major
holiday
telling
everyone
to
just
go
home.
Is
this
okay?
What
might
be
the
implications?
9
Ethical
Foundations
for
Public
Service.
Training
&
Organizational
Effectiveness,
Office
of
Human
Resources,
Oregon
State
University,
August
2010
©.
Principle #4: Democratic Leadership
Public servants honor and respect the principles and spirit of representative democracy and set
a positive example of good citizenship by scrupulously observing the letter, and spirit of laws
and rules. Ethical ground rules that establish democratic leadership include:
• Several
employees,
on
their
lunch
hour
are
active
in
a
political
cause
and
are
doing
so
in
an
approved
area.
You’re
strongly
opposed
to
their
position
and
the
fact
that
they
are
routinely
engaged
in
this
cause.
These
employees
are
following
the
appropriate
guidelines.
You
feel
that
this
may
be
perceived
negatively
on
your
office.
As
a
manager,
what
are
the
implications
and
your
responsibility
as
their
supervisor?
• A
person
in
a
leadership
role
is
strongly
advocating
a
highly
questionable
political
position
without
consulting
a
representative
group.
This
will
have
a
significant
impact
on
policy,
budget
and
the
organization.
What
do
you
do?
• A
manager
decides
to
ignore
addressing
blatant
performance
issues
of
a
union-‐
represented
employee.
In
fact,
this
manager
has
given
a
positive
performance
appraisal,
ignoring
all
performance
issues.
The
manager
then
eliminates
the
position,
in
effect
laying
the
employee
off.
What
are
the
implications?
10
Ethical
Foundations
for
Public
Service.
Training
&
Organizational
Effectiveness,
Office
of
Human
Resources,
Oregon
State
University,
August
2010
©.
Principle #5: Respectability
Public servants should safeguard public confidence in the integrity of the government of being
honest, fair, caring and respectful, and by avoiding conduct that creates the appearance of
impropriety, or which is otherwise unbefitting a public official. Ethical ground rules that enhance
the principle of respectability include:
• Honor and Respect: conduct professional and personal life so as to be worthy of trust.
• Honesty: avoid lying, deception, deviousness and cheating.
• Integrity: principle over expediency; courage of convictions.
• Appearance of Impropriety: avoid otherwise proper conduct that creates in the minds
of significant number of reasonable impartial observers the perception that the public
trust has or will be violated.
• Private Conduct: improper if it demonstrates character traits, attitudes or judgments
unbefitting public office.
• An
employee
you
supervise
who
coordinates
travel
informs
you
that
a
group
of
researchers
insist
on
using
a
particular
airline
because
of
the
personal
mileage
credits
they
receive.
On
several
occasions
the
employee
has
informed
them
of
significantly
lower
airfares
on
other
airlines,
but
they
insist
on
booking
a
specific
airline
carrier.
What
do
you
do?
• As
a
manager,
you
are
aware
of
a
group
of
employees
whom
your
colleague
supervises
and
who
consistently
come
in
late,
take
extended
breaks,
and
leave
early.
What
do
you
do?
• As
a
manager,
it's
brought
to
your
attention
that
several
people
in
your
office
abuse
the
internet
routinely
doing
non-‐work
business,
however,
you
have
not
personally
observed
this.
What
do
you
do?
11
Ethical
Foundations
for
Public
Service.
Training
&
Organizational
Effectiveness,
Office
of
Human
Resources,
Oregon
State
University,
August
2010
©.
Two Elements of Reasonable Reasoning for Difficult
Circumstances
As a manager, you'll likely run into situations that are particularly challenging and that will test
your ability to stay level-headed, maintain a degree of neutrality, and engage in fact finding as
you investigate the circumstances. Your ability to apply these behaviors will effect how you are
perceived as a supervisor. Being able to remain respectful and thoughtful without reacting, as
well as a willingness to ask for help or call on resources to assist, will positively direct the
circumstances.
Rationality and respect are two important behavioral skills to employ while working through
ethical dilemmas.
12
Ethical
Foundations
for
Public
Service.
Training
&
Organizational
Effectiveness,
Office
of
Human
Resources,
Oregon
State
University,
August
2010
©.
Thinking
it
Through…What
Would
YOU
Do?
A
unit
head
has
ignored
the
calls
of
help
from
various
employees.
Two
of
the
supervisors
involved
are
abrasive
and
react
strongly
and
are
known
to
raise
their
voice
when
confronted
with
the
circumstances.
The
third
supervisor
has
simply
said,
“I’m
done
dealing
with
this
issue
–
grow
up!”
Employees
describe
the
environment
as
toxic
and
unhealthy.
Everyone
is
on
edge.
People
are
leaving.
Would you want to accept a position as a new employee under these conditions?
How do the skills of rationality and respect come into play for the unit head?
13
Ethical
Foundations
for
Public
Service.
Training
&
Organizational
Effectiveness,
Office
of
Human
Resources,
Oregon
State
University,
August
2010
©.
Exercise: Ethical Values and Principles for Public Sector
Professionals
Select the three values from this list that are most important to you. If there’s a value missing
that is important, just add it. Additional instructions are on the next page.
£ Caring. Concern for the well-being of others manifests itself in compassion, giving,
kindness and serving; it requires one to attempt to help those in need and to avoid
harming others.
£ Honesty. Honest persons are truthful, sincere, forthright, straightforward, frank, candid;
they do not cheat, steal, lie, deceive or act deviously.
£ Integrity. Persons with integrity are principled, honorable and upright; they are
courageous and act on convictions; they are not self-serving; they will fight for their
beliefs and will not be expedient at the expense of principle, nor be two-faced or
unscrupulous.
£ Respect. Ethical persons demonstrate respect for human dignity, privacy, and the right
to make self-determination of all competent adults; they are courteous and decent; they
help others to make informed decisions about their own lives.
£ Accountability. Ethical persons accept responsibility for decisions, for the foreseeable
consequences of their actions and inactions, and for setting an example for others. An
accountable person does not shift blame or accept credit for another’s work.
£ Fidelity/Loyalty. Persons worthy of trust demonstrate fidelity and loyalty to persons and
institutions by friendship in adversity, support and devotion to duty. However, the
principal of loyalty would not justify subordination of other ethical principles such as
honesty, integrity or fairness.
14
Ethical
Foundations
for
Public
Service.
Training
&
Organizational
Effectiveness,
Office
of
Human
Resources,
Oregon
State
University,
August
2010
©.
£ Excellence. Public sector professionals are concerned with the quality of their work;
they pursue excellence, are well informed, diligent, committed to improvements. Results
are stressed as well as method of achievement.
£ Civic Duty. In a democracy, civic duty is an ethical obligation; it involves abiding by the
laws and rules of society, voting and expressing informed views, social consciousness
and public service. Public sector professionals have the additional responsibility of
encouraging participation of others, a special obligation to respect and honor democratic
processes of decision making.
£ Public Trust. Because of the unique importance of credibility and public trust, public
sector professionals do not use or disclose information learned in confidence for
personal or political advantage; they safeguard the ability to make independent
professional judgments by scrupulously avoiding undue influences and conflicts of
interest. They must be beyond reproach, avoiding even the appearance of impropriety.
£
£
Please
explain
how
does
each
of
these
values
influence
your
professionalism
and
the
quality
of
work
you
produce?
15
Ethical
Foundations
for
Public
Service.
Training
&
Organizational
Effectiveness,
Office
of
Human
Resources,
Oregon
State
University,
August
2010
©.