Ethically SpeakingEthically SpeakingLSS Fall Professional Development LSS Fall Professional Development

Seminar, Austin, TXSeminar, Austin, TXSeptember 10, 2009September 10, 2009

Peggy Kerns & Natalie O'Donnell WoodPeggy Kerns & Natalie O'Donnell Wood

Center for Ethicsin

Government

Purpose of TodayCenter for Ethics in Government

The importance of ethics in the public sector

Better understanding of how you analyze and respond to ethical challenges

Examine some ways to help you make ethical decisions

Challenge your own assumptions and practices

Overview of SessionCenter for Ethics in Government

What is ethics and why do we care?

Ethics as laws and trends

Ethics as values

Cases to dissect and discuss

A time for you to share your thoughts

Why Does Ethics Matter?

Decline in trust in government

Nationwide, too many scandals

Public office is a public trust

Laws/Rules may keep public servants honest

But…laws are not the whole story

Center for Ethics in Government

Big E and little e EthicsMichael Josephson

Center for Ethics in Government

Big E ethics: standards of how we should behave based on our ethical values

Little e Ethics: rules/laws that prohibit or restrict specific conduct

Big E ethics violate ethical principles such as honesty, respect, and fairness

Little e Ethics violations often lead to penalties

Themes in Law-Based Ethics Reform

Center for Ethics in Government

Concerns about money in politics

More regulation of lobbyists

Transparency and accountability in government

The public's right to access information

Reforms and TrendsCenter for Ethics in Government

Ban on gifts from lobbyists to legislators - 9 states

Monetary threshold - 30 states

No restrictions - 11 states

Exceptions for food & beverages – 26 states

Gifts bans and restrictions

Reforms and TrendsCenter for Ethics in Government

Contributions, kickbacks, goods, services or other benefits in exchange for opportunities, access, advantages, favors or privileges.

State focus on preventing/limiting businesses with government contracts from providing campaign contributions to candidates, officeholders.

States with comprehensive pay-to-play laws - 9

States that considered it in 2009 - 8

Pay-to-play

Reforms and TrendsCenter for Ethics in GovernmentLobbying Reforms

Broader definition of lobbying: goodwill, grassroots

Stricter requirements for registration

Photo ID & Badges

Reporting of income

Enforcement of violations

Revolving door laws for legislators, staff, employees

Reforms and TrendsCenter for Ethics in Government

Ethics Commissions

Establishment

Strengthening powers and duties

Legitimacy/constitutionality

Confidentiality versus transparency - at what point does the public have the right to know?

Accountability, Transparency

Reforms and TrendsCenter for Ethics in Government

Mandated ethics training: laws and value-based for legislators and staff

Financial disclosure for legislators & spouses

Comprehensive reform

Other Trends

You can't avoid ethical responsibilities by ignoring them.

Center for Ethics in Government

Ethics as Values

Doing what is right

Based on your ethical values and beliefs

Like a muscle, must be used

Takes courage

Center for Ethics in Government

Ethical Issues in Public Service

Center for Ethics in Government

Who do you represent?

Where do your loyalties lie?

Confidentiality

Do it right or do it quick?

Same level of service for everyone

Tension Points

Discuss and Decide Case Scenarios

Center for Ethics in Government

Points to Consider:

1. Who has the dilemma?

2. What values are at play?

3. Are they in conflict?

4. What should you do?

Roundtable DiscussionCenter for Ethics in GovernmentSome suggested topics

What challenges do you face in your job?

What values to you need to work there?

Are they ever in conflict?

Who do you represent?

What price have you paid for ethical action?

Your stories

What Do I Do?Center for Ethics in Government

When faced with an ethical dilemma…a review

Recognize there's a moral issue

Gather facts and define the problem

Can rules/laws solve the dilemma?

If not, what values are in conflict?

Analyze your options

Act

Reflect

Center for Ethics in Government

Decision-Making Map

Test: Right vs. Wrong DecisionLegal

Code of EthicsGut FeelingNewspaperRole Model

Fails 2 tests

STOPDon’t do it

Analyze: Right vs. Right DilemmaTruth vs. Loyalty

Self vs. CommunityShort term vs. Long term

Justice vs. Mercy

Resolve: the Higher RightEnds BasedRule BasedCare Based

Not a

STOPDilemma

Fails a

CAUTIONTest

TrilemmaThird Way Out?

ResolveOne way or other way

Fails morethan 1 test

Does not fita paradigm

Not right vs.right

Institute for Global Ethics, adapted from How Good People Make Tough Choices: Resolving the Dilemmas of Ethical Living