Ethics Flashcards
How many sections are there in the AICP Code of Ethics?
There are five sections: A, B, C, D, and E:
A: Principles to Which We Aspire B: Our Rules of Conduct C: Advisory Opinions D: Adjudication of Complaints of Misconduct E: Discipline of Members
What is in Section A of the AICP Code of Ethics?
Principles to Which We Aspire: Our overall responsibility to the public, clients, employers, our profession and colleagues
What is in Section B of the AICP Code of Ethics?
26 rules of conduct; failure to adhere to rules will result in sanctions and potentially loss of certification
What is in Section C of the AICP Code of Ethics?
Section C: Advisory Opinions
Our Rules of Procedure:
• Informal Advice
• Formal advisory opinions requested by a member
• Formal advisory opinions issued without request of a member
• Annual report of the ethics officer
What is in Section D of the AICP Code of Ethics?
Adjudication of Complaints of Misconduct:
- Filing a Complaint
- Preliminary Review
- Fact Gathering
- Exploration of Settlement
- Decision
- Appeal
What are the forms of discipline in the AICP Code of Ethics?
(a) a confidential letter of admonition
(b) a public letter of censure
(c) suspension of AICP membership, or
(d) expulsion from AICP.
How is the concept of the public interest formulated?
Through continuous and open debate.
Under the AICP Code of Ethics, in accepting assignments from clients or employers, what should always be avoided?
A conflict of interest or even the appearance of a conflict of interest.
Under the AICP Code of Ethics, unless conditions are met, planner will not accept an assignment to publicly advocate a position that is _______________ to a position publicly advocated within the past ______________ years.
“indistinguishably adverse”, three
Under the AICP Code of Ethics, unless conditions are met, planner will not accept an assignment to publicly advocate a position that is indistinguishably adverse to a position publicly advocated within the past three years.
Under the AICP Code of Ethics, under what conditions can planners advocate an indistinguishably adverse position within 3 years?
- determination after consultation with qualified professionals that the change of position will not cause detriment to previous client or employer, AND
- full written disclosure and written permission.
What does the AICP Code of Ethics require for planners to undertake other employment (even if without pay)?
Full written disclosure and written permission unless the employer has a written policy that expressly dispenses with the need to obtain such consent
Under the AICP Code of Ethics, under what conditions can planners perform work that results in direct personal or financial gain to themselves or a family member?
If there is full written disclosure and the employer gives written consent to the arrangement.
What is a “serious crime” as defined in Section E of the AICP Code of Ethics?
Any crime that, in the judgment of the Ethics Committee or the Ethics Officer, involves false swearing, misrepresentation, fraud, failure to file income tax returns or to pay tax, deceit, bribery, extortion, misappropriation, theft, or physical harm to another.
Under the AICP Code of Ethics, if the Ethics Committee determines to issue an Advisory Opinion, how long does that take?
If the Ethics Committee determines to issue an Advisory Opinion, it will endeavor to do so within ninety (90) days after receiving all information necessary to the provision of the opinion.
Under the AICP Code of Ethics, where is an ethics complaint sent?
To the AICP Ethics Officer on a form developed by the Ethics Officer and posted on the AICP website.
Under the AICP Code of Ethics, how long does a complainant have to appeal a decision by the Ethics Officer that no violation occurred?
20 days
Under the AICP Code of Ethics, how long does a Certified Planner have to respond to a complaint?
30 days, although the Ethics Officer can extend the time “for good cause shown” for an additional 14 days.
Under the AICP Code of Ethics, what is included in an appeal and when and to whom is it filed?
Written statement as to the basis for the appeal and response from party against whom the appeal is filed; the Ethics Officer transmits all written statements to the Ethics Committee within ten (10) days after the record is complete.
According to the AICP Code of Ethics, what options does the Ethics Committee have upon receiving an appeal?
The Ethics Committee can:
(1) affirm the decision of the Ethics Officer;
(2) affirm the decision but impose a different remedy;
(3) vacate the decision of the Ethics Officer and return the case to the Ethics Officer for additional investigation, consideration of different Code sections or issues, or any other follow up; or
(4) vacate the decision of the Ethics Officer and issue its own decision.
If AICP membership has been revoked, when can a planner petition the Ethics Committee for reinstatement?
And, if the reinstatement is denied, when can a subsequent petition be filed?
Five years; if the Ethics Committee denies the petition, the planner can file a subsequent petition after twelve (12) months.
Ethical Firewall
separating staff from political circumstances, establishing clear guidelines, promoting ethical values, training elected and appointed officials, discussing ethics openly, and enforcing ethical standards.
Origin of Ethical Firewall
Local Planning: Contemporary Principles and Practice
The 3 Year Rule
We shall not accept an assignment from a client or employer to publicly advocate a position on a planning issue that is indistinguishably adverse to a position we publicly advocated for a previous client or employer within the past three years unless (1) we determine in good faith after consultation with other qualified professionals that our change of position will not cause present detriment to our previous client or employer, and (2) we make full written disclosure of the conflict to our current client or employer and receive written permission to proceed with the assignment.
