Ethics

Question 1

How many sections are there in the AICP Code of Ethics?

There are five sections: A, B, C, D, and E:

Answer 1

A: Principles to Which We Aspire
B: Our Rules of Conduct
C: Advisory Opinions
D: Adjudication of Complaints of Misconduct
E: Discipline of Members

Question 2

What is in Section A of the AICP Code of Ethics?

Answer 2

Principles to Which We Aspire: Our overall responsibility to the public, clients, employers, our profession and colleagues

Question 3

What is in Section B of the AICP Code of Ethics?

Answer 3

26 rules of conduct; failure to adhere to rules will result in sanctions and potentially loss of certification

Question 4

What is in Section C of the AICP Code of Ethics?

Section C: Advisory Opinions

Answer 4

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

Question 5

What is in Section D of the AICP Code of Ethics?

Adjudication of Complaints of Misconduct:

Answer 5

• Filing a Complaint
• Preliminary Review
• Fact Gathering
• Exploration of Settlement
• Decision
• Appeal

Question 6

What are the forms of discipline in the AICP Code of Ethics?

Answer 6

(a) a confidential letter of admonition
(b) a public letter of censure
(c) suspension of AICP membership, or
(d) expulsion from AICP.

Question 7

How is the concept of the public interest formulated?

Answer 7

Through continuous and open debate.

Question 8

Under the AICP Code of Ethics, in accepting assignments from clients or employers, what should always be avoided?

Answer 8

A conflict of interest or even the appearance of a conflict of interest.

Question 9

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

Answer 9

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.

Question 10

Under the AICP Code of Ethics, under what conditions can planners advocate an indistinguishably adverse position within 3 years?

Answer 10

1. determination after consultation with qualified professionals that the change of position will not cause detriment to previous client or employer, AND
2. full written disclosure and written permission.

Question 11

What does the AICP Code of Ethics require for planners to undertake other employment (even if without pay)?

Answer 11

Full written disclosure and written permission unless the employer has a written policy that expressly dispenses with the need to obtain such consent

Question 12

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?

Answer 12

If there is full written disclosure and the employer gives written consent to the arrangement.

Question 13

What is a “serious crime” as defined in Section E of the AICP Code of Ethics?

Answer 13

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.

Question 14

Under the AICP Code of Ethics, if the Ethics Committee determines to issue an Advisory Opinion, how long does that take?

Answer 14

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.

Question 15

Under the AICP Code of Ethics, where is an ethics complaint sent?

Answer 15

To the AICP Ethics Officer on a form developed by the Ethics Officer and posted on the AICP website.

Question 16

Under the AICP Code of Ethics, how long does a complainant have to appeal a decision by the Ethics Officer that no violation occurred?

Answer 16

20 days

Question 17

Under the AICP Code of Ethics, how long does a Certified Planner have to respond to a complaint?

Answer 17

30 days, although the Ethics Officer can extend the time “for good cause shown” for an additional 14 days.

Question 18

Under the AICP Code of Ethics, what is included in an appeal and when and to whom is it filed?

Answer 18

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.

Question 19

According to the AICP Code of Ethics, what options does the Ethics Committee have upon receiving an appeal?

Answer 19

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.

Question 20

If AICP membership has been revoked, when can a planner petition the Ethics Committee for reinstatement?

Answer 20

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.

Question 21

Ethical Firewall

Answer 21

separating staff from political circumstances, establishing clear guidelines, promoting ethical values, training elected and appointed officials, discussing ethics openly, and enforcing ethical standards.

Question 22

Origin of Ethical Firewall

Answer 22

Local Planning: Contemporary Principles and Practice

Question 23

The 3 Year Rule

Answer 23

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.