Ethics Flashcards

1
Q

What are the 5 sections of the AICP Code of Ethics

A

Section A. Aspirational Principles - not things you can be charged for failing to achieve or be punished for.

Section B. Rules of Conduct - enforceable, come with sanctions/charge of misconduct, you can be punished for not following these

C. Advisory Opinions
D. Adjudication of complaints of misconduct
E. Discipline of members
C-E above are procedural provisions (applying the code)

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2
Q

What is our overall responsibility as ethical planners?

A

We have a primary responsibility to serve the public interest. We shall achieve high standards of professional integrity, proficiency, and knowledge.

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3
Q

What are the 8 responsibilities planners have to the public? (Aspirational Ethical Principles)

A
  1. conscious of the rights of others
  2. concern for long-range consequences
  3. attention to interrelatedness of decisions
  4. provide timely, clear, accurate information
  5. give people the opportunity to have a meaningful impact
  6. seek social justice by expanding choice and opportunity. promote racial and economic integration.
  7. promote excellence of design
  8. deal fairly with all participants in the planning process
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4
Q

What are the 4 responsibilities that planners have to clients and employers? (Aspirational Ethical Principles)

A
  1. always consistent with faithful service to the public interest
  2. exercise professional judgment
  3. accept their decisions unless illegal or inconsistent with public interest
  4. avoid conflict of interest or APPEARANCE of it
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5
Q

What are the 10 responsibilities that planners have to our profession and colleagues? (Aspirational Ethical Principles)

A
  1. act with integrity
  2. educate the public
  3. act professionally
  4. share the results of your experience
  5. do not accept the applicability of a customary solution
  6. contribute time and resources to development of others
  7. increase opportunities for underrepresented groups
  8. enhance professional education and training
  9. analyze ethical issues
  10. contribute to voluntary professional activities
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6
Q

What should planners do ethically in regard to serving the public?

A

-facilitate public debate
-increase public participation
-give accurate info
-expand choice
-exhibit fairness and sense of equality
-preserve the natural and built environment

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7
Q

When was the Code of Ethics adopted?

A

1978 when AIP and APA merged. It was a collaborative, multi-year process including outreach to the membership.

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8
Q

When was the Statement of Ethical Principles adopted for all participants in the planning process?

A

1992

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9
Q

How many Rules of Conduct are there?

A

25 statements plus 1 warning.

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10
Q

When should the ethics code be applied (5 instances)?

A
  1. As an individual
  2. When working with colleagues or decision-makers
    3.When working with clients or customers
  3. When serving the public interest
  4. When serving the profession
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11
Q

When working as an individual, what are 8 things that you SHOULD NOT do?

A
  1. Don’t accept work that is illegal.
  2. Don’t unlawfully discriminate.
  3. Don’t misstate qualifications.
  4. Don’t accept work beyond competence or that can’t be finished on time.
  5. Don’t accept an advantage related to employment.
  6. Don’t use power of office to seek a special advantage.
  7. Don’t do work whether there is potential gain to family or household without disclosure.
  8. Don’t use confidential info for personal advantage.
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12
Q

When working with colleagues and decision-makers, what are 5 things that you SHOULD NOT do?

A
  1. Don’t talk to decision-makers when it is prohibited. (respect hierarchy)
  2. Don’t misrepresent qualifications of others (don’t trash them)
  3. Don’t take credit for other peoples’ work
  4. Don’t coerce others to make findings not supported by the evidence
  5. Don’t engage in private communications with planning process participants.
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13
Q

When working with clients and customers, what are 5 things that you SHOULD NOT do?

A
  1. Don’t make private deals when prohibited.
  2. DO provide timely, clear, accurate info.
  3. Don’t solicit clients with misleading claims.
  4. Don’t reverse your public position without consultation with your employer.
  5. Don’t moonlight unless employer approved.
  6. Don’t sell services by implying ability to influence decisions by improper means.
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14
Q

When serving the public interest, what SHOULD you NOT do?

A

Disclose the interest of clients and do not conceal your employer.

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15
Q

When serving the profession, what are 5 things that you SHOULD NOT do?

A
  1. DO always cooperate with an ethics charge is filed.
  2. Don’t retaliate against someone who files an ethics charge.
  3. Don’t threaten to file charge.
  4. Don’t commit a wrongful act that reflects on the profession.
  5. Don’t file a frivolous ethics charge.
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16
Q

Who should you report to if your supervisors are being unethical, illegal, or corrupt?

A

The standard is to start within your own organization.

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17
Q

5 Steps to Applying the Ethics Code:

A
  1. Get the facts
  2. Brainstorm and analyze alternatives (know your goals, check the code)
  3. Make a decision.
  4. Publicity test - if someone were to tweet it around the planning community, would you be able to stand by it?
  5. Take action
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18
Q

Scenario: a Council member requests an advanced copy of the staff report - can you provide it?

A

Answer: Explain that it is still a draft and let them know which date it would be available. If you send it to one Council member, send it to all.

Cities have rules about releasing documents. This could be a conflict of interest.

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19
Q

Scenario: You are a consulting planner for the city. The city has asked you to take a 15% pay cut in solidarity with all other planners who have taken the it. Is it ethical?

A

Answer: It’s a decision between the employer and planner. The city can reduce the scope of services under your contract as a means of reducing your pay.

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20
Q

Scenario: Your colleague confides in you that they plan to take sick leave, not come back, and then retire. Your supervisor has made a valiant effort to save/keep that position for your colleague. Should you tell your supervisor?

A

Answer: You have a responsibility to that individual. It was a confidential conversation. You don’t know if your colleague is really going to follow through with their intent. Also, you don’t know if your supervisor is fighting for that position for other reasons. You don’t have complete info. Disclose when you feel ready.

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21
Q

Scenario: The Historic Preservation Commission is considering a proposal brought by a neighborhood to expand the Historic District in order to stop a large apartment project. You are a planner reviewing the apartment project. You plan to testify AS A CITIZEN at a public hearing against the proposal. Is this ethical?

A

Answer: You can’t be testifying on an aspect of municipal policy that is tied to what you are reviewing. You have to be seen as an objective participant in the process.

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22
Q

Scenario: Your Planning Director confides he’s thinking of taking a job with the law firm he’s currently negotiating with over a lawsuit they have threatened to file against the City. Should you do anything? Should the Director take the job?

A

Answer: First, tell your director that it’s not a good idea. He shouldn’t take the job. If you know he’s revealing confidential information, tell him he will have to self-report or you will.

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23
Q

Scenario: An applicant threatens to complain about you because you said his project was “Mickey Mouse.” He says if he gets expedited review, he’ll keep his mouth shut. What should you do?

A

Answer: Go straight to your supervisor, say you’ve lost patience and apologized, and to put somebody else on the project. Don’t give him expedited review. “Fess it then we’ll fix it” - Confess to your supervisor if you’ve done something wrong.

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24
Q

Scenario: You are a consulting planner, your boss tells you to cut and paste for a project with the least likelihood of bringing more business and concentrate on the project that could bring more because your firm has limited capacity. Is this ethical?

A

Answer: It might be okay if you the project could be well-served by a simple cut and paste. However, your firm should have the capacity to do the best on all projects. Tell your boss that you understand and will spend less time on it but that you don’t want to do inferior work for a client that has paid us.

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25
Q

Scenario: Should your staff accept a gift basket from developers or from planning consultants? Or tickets from a developer to a banquet honoring community development professionals?

A

Answer: No. Offer them to donate the tickets to other community advocates.

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26
Q

Scenario: You are to conduct a community workshop regarding the construction of a parking garage downtown, but the project is already nailed down and now changes will be made regardless of the outcome of the meeting. Is this ethical?

A

Answer: You can’t have sham public meetings. There are procedural issues. Completed tasks out of order. You need to seek public input first. Thinking in terms of Sherry Arnstein’s Ladder of Participation, this would be in the rung of “Informing” or worse “Manipulation”/Non-Participation.

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27
Q

Scenario: An architect working on a project for you is also a planning commissioner in Philadelphia. They hand your city’s planning commission their architect business card and their planning commission business card. Should they provide their planning commission business card if not working in that capacity?

A

Answer: They should not. It implies that there is a different kind of relationship - that they are serving the public interest and not ultimately there because they are representing the developer.

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28
Q

Scenario: You are woking on a General Plan Update. Should you excuse yourself from matters affecting Troy Hill?

A

Answer: Yes. When your decision has a differential impact on your home, you can’t be participating. Get a planner from another city to write that staff report. Someone could argue that you influence the staff analysis, even indirectly.

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29
Q

Scenario: You’re a newly hired planner. Several developers called to schedule lunch to get to know you even though there are no current projects - can you go?

A

Answer: If they pay for lunch it’s a problem. If you pay it’s not a problem. You can’t accept favors. Some cities are appalled when you talk to a developer. Understand your own office norms.

30
Q

What are 6 ways you can create a more ethical planning world?

A
  1. Know who makes your decisions. Who’s on the Planning Commission. Train people who could be on it.
  2. Ask questions in an interview around ethical questions.
  3. Post code of ethics up / have them close at hand.
  4. Brown Bag Lunches at the office to talk about these things
  5. Personal Financial Management
  6. Be able to resign!
31
Q

What is an Ethical Organization? (4 elements)

A
  1. Employees are aware of moral situations.
  2. Employees care about doing the right thing.
  3. Employees can figure out the moral course of action.
  4. Employees can act and do what is right.
32
Q

What are the 4 parts of the Code of Ethics?

A
  1. Aspirations
  2. Rules of Conduct
  3. Procedures
  4. Felony Conviction/Loss of Membership
33
Q

In ethics, do the ends justify the means?

A

Even though planners are outcome-oriented, no. AICP ethics is primarily focused on process.

34
Q

__________ is critical to an ethical work culture.

A

Leadership

(+consistency +follow-through that sets how people should behave)

35
Q

Scenario: A city council member asks you to review a project ahead of all other projects. (expedited review) Is this ethical?

A

Answer: Some cities have flexible queues and may have policies allowing expedited review. Get the facts - if you have a policy against this then it would be unethical - otherwise it may be fine. See if you can expedite this review without extending the 30 day deadline of the other projects in the queue. Though, consider what the consequences are.

36
Q

Is the AICP Code of Ethics a recipe for decision-making? Why or why not?

A

No there are portions of the code that may seem in conflict with one another. It’s only a framework for decision-making.

37
Q

Why is a Code of Ethics important? (5 reasons)

A

-There is a shared expectation
-Creates an environment in which ethical behavior is the norm.
-Offers guidance when there are questions (framework for decision-making)
-Serves as an educational tool for planners and the community
-Protects planners

38
Q

What is the purpose of Section C of the Code of Ethics?

A

Section C contains the procedural provisions of the code for advisory rulings. How you can seek advisory rulings/opinions.

You can reach out to the AICP Ethics Officer or request a formal advisory ruling from the Ethics Committee. Also, the Ethics Committee may decide to issue an advisory ruling.

39
Q

What is the purpose of Section D of the Code of Ethics?

A

Section D contains procedural provisions for enforcing code complaints of misconduct. Anyone may file a complaint - you don’t have to be an AICP member. You only need to be an AICP member for a complaint to be filed against you. The Ethics Officer review the complaint and makes a preliminary determination within 30 days. The Ethics Officer can dismiss the complaint.

40
Q

What is the purpose of Section E of the Code of Ethics?

A

Discipline. Section E outlines the procedures for disciplinary actions including when planners are convicted of a serious crime.

41
Q

What are the 4 forms of discipline in Section E of the Code of Ethics?

A

-Confidential letter
-Public letter
-Suspension from membership
-Revocation of membership

If convicted of a crime, membership will be revoked.

42
Q

If suspended, planners may petition for reinstatement of AICP membership after __ years.

A

5 years

43
Q

“We shall not solicit prospective clients or employment through use of ______________, _____________, or _________.”

A

false or misleading claims, harassment, or duress.

44
Q

As the staff planner responsible for development review, you receive an application for a variance to the side setback to allow for the construction of an enclosed porch. You realize that the property is two doors down from your home and that your home is in the required notification areas. What should you do?

A

Notify your supervisor and ask to have the case re-assigned.

“We shall avoid a conflict of interest or even the appearance of a conflict of interest in accepting assignments from clients or employers.”

45
Q

According to the AICP Code of Ethics, a planner’s responsibility to his or her employer include:

A

We shall avoid a conflict of interest.

We shall exercise independent judgment.

We shall accept client decision unless illegal.

46
Q

As an AICP planning manager, you observed a planner on your staff who has violated the AICP code of ethics. What should you do?

A

Sit down with the employee and discuss the ethics issue, that this represents a violation of the AICP Code of Ethics and explain your reporting obligation.

47
Q

You are a staff planner who, from time to time, consults with a local developer. You have just been hired to handle a proposal for a rezoning that will appear before your employer, the County. Based on the AICP Code of Ethics, why is this inappropriate?

A

The answer is “conflict of interest.”

Section A of the AICP Code of Ethics and Professional Conduct states: “We shall avoid a conflict of interest or even the appearance of a conflict of interest in accepting assignments from clients or employers.” Working for both the applicant (developer) and the regulatory body (County) is a clear conflict of interest.

48
Q

You have been asked by a consulting firm to provide an opinion on a project that you were previously in charge of when you worked for a local government. What do you need to do?

A

Fully disclose and then receive written permission from the public agency to proceed

This is required under Rule 3 of the AICP code, which states the need to “make full written disclosure of the conflict to our current client or employer and receive written permission to proceed with the assignment.”

49
Q

The Planning Director of a large city resigns to start a small consulting firm. After becoming frustrated with the way the planning commission votes, the former director asked to be appointed to the commission. The City Council approves the appointment. Is this a violation of the AICP Code of Ethics?

A

No, it does not violate the AICP Code of Ethics and Professional Conduct.

50
Q

You are a planner in a large city and you have been made aware that your boss has illegally disclosed information to a community organization. Which of the following actions would not be practical to pursue?

A

It would not be practical to discuss this incident with co-workers. It would be better to go to the Human Resources office and the AICP Ethics Officer for advice.

51
Q

With whom should a charge of misconduct against an AICP member should be filed?

A

Executive Director of APA and AICP Ethics Officer. The ethics officer is the executive director of APA/AICP. According to the AICP Code of Ethics, a violation should be reported to the AICP Ethics Officer.

52
Q

An ethics complaint has been filed against you. What will happen first?

A

According to the AICP Code of Ethics,
1. the Ethics Officer reviews the complaint,
2. makes a preliminary determination,
3. provides the complaint to the Certified Planners
4. and then the planner responds to the complaint.

53
Q

A planner is made aware that a coworker inappropriately disclosed information that was not public to a developer. Which of the following actions should she pursue?

a.Discuss the problem with her Planning Director

b.Report the violation to the AICP Ethics Officer

c.Confront the planner directly about this issue.

d.Discuss the problem with the Human Resources Director

A

Discuss the problem with her Planning Director

54
Q

You are a planner in a medium sized city. You have been accused of a violation of the AICP Code of ethics. You may be disciplined by a majority vote of which of the following?

A

American Institute of Certified Planners Ethics Committee

After review by the Ethics Officer the Ethics Committee can be convened to make a decision.

55
Q

As a transportation planner in a consulting firm, you are working on a traffic impact assessment for a new regional shopping center and determined that extensive improvements will be needed.

The city code requires the developer to incur the expense of transportation improvements required to service new development. Your supervisor tells you that he thinks you are overestimating the daily traffic counts and asks you to revise your estimates so that fewer transportation upgrades will be required. What is your next step?

A

Check your work and prepare a memo to your supervisor outlining your method and your findings, confirming that the results you shared earlier are accurate.

If after preparing the memo and sharing this with your supervisor you are asked to change the numbers then you would respond that this would be a violation of your professional ethics.

56
Q

One of your employees was convicted of a serious crime and their AICP was revoked. After serving their sentence they will be rehired. You have asked that the employee pursue reinstatement of their AICP. Who may reinstate membership in AICP?

A

Ethics Committee

One must notify the Ethics Officer of any conviction of a serious crime; however, only the AICP Ethics Committee may reinstate an AICP Member pursuant to the procedures in Section E of the AICP Code of Ethics.

57
Q

An AICP Planner is found to have been in violation of the AICP Code of Ethics. What are three different forms of discipline that can be applied?

A
  1. Suspension of AICP Membership
  2. Public Letter of Censure
  3. Revocation of AICP Membership
58
Q

Recently you had an issue arise at a planning commission meeting where you believe a commissioner engaged in an activity that was not ethical. What would be the most appropriate course of action?

A

Have a frank and open discussion around the ethical issue in a closed door session with the commissioners. And follow this with training on ethics.

Fostering an ethical environment means that there is open dialogue and active training. While a private call with the planning commissioner could be appropriate, this does not raise awareness among the other commissioners, nor does it ensure that everyone has the training they need.

59
Q

As an AICP planner, you learn that the city is planning to recommend against the rezoning of a property for affordable housing.

You know that if you share this information with a colleague at a non-profit housing advocacy organization then this colleague will rally and organize a letter writing campaign to the city council and plan to appear at the planning commission meeting. What should you do?

A

It would be okay to let interested parties know that there is a matter before the city which may be of interest.

Inform the colleague that the city is considering a case.

HOWEVER It would be inappropriate to share the RECOMMENDATION as it is not yet public information.

60
Q

Is it unethical to take on work outside of your area of expertise?

A

Yes, unless you seek out the missing expertise and document who it came from.

61
Q

For which of the following could the AICP Ethics Officer revoke a member’s certification, after following procedures outlined in the code of ethics?

a. A member was called before a court to testify in a court case

b. A member knowingly infringed on the copyright of another person

c. A member fails to pay a traffic ticket and has a warrant out for their arrest

d. A member was involved in a traffic accident that results in the death of a pedestrian

A

Section E Discipline of Members in the AICP Code of Ethics states:

“Conduct covered by this section shall include, but not be limited to, a finding in a civil case that the member has engaged in defamation or similar unlawful action, has knowingly infringed the copyright or other intellectual property of another, or has engaged in perjury.”

62
Q

You are a planner in a mid-sized city and you have an opportunity to invest in a development, but the proposal will come before your agency for approval. What should you do?

A

Decline the investment opportunity.

“We shall avoid a conflict of interest or even the appearance of a conflict of interest in accepting assignments from clients or employers.”

63
Q

What 3 things should a planner do if a charge of misconduct has been filed against them?

A
  • The planner should ensure that all information that may be relevant to the charge is made available.

-The planner should maintain a dialogue with AICP.

-The planner should cooperate fully with the AICP Executive Director.

64
Q

Code Procedures (Sections C-E) describe:

A

(1) describe the way that one may obtain either a formal or informal advisory ethics ruling, and

(2) detail how a charge of misconduct can be filed, and how charges are investigated, prosecuted, and adjudicated.

65
Q

In what way does the AICP Code of Ethics and Professional Conduct apply to the issue of sexual harassment?

A

I. It states that a planner must not commit a deliberately wrongful act.

II. It states that a planner must not commit an act that reflects adversely on the planner’s professional fitness.

in “Our Rules of Conduct” in the Code of Ethics and apply to the issue of sexual harassment

66
Q

A colleague asks if you will help a non-profit on a pro bono basis with an application for a grant from a foundation that would fund a housing renovation project. You have the expertise to help, but are short on time and don’t know if you could complete the work in time for the submission deadline.

What should you do?

A

Don’t decline or offer to complete the grant application if you don’t have time.

However, you can:
Tell the non-profit that you can serve in an advisory capacity and would be happy to participate in a call about the project.

The AICP Code of Ethics states “We shall not accept work for a fee, or pro bono, that we know cannot be performed with the promptness required by the prospective client, or that is required by the circumstances of the assignment.”

67
Q

A planning director receives a gift basket with a value of less than $100 as a thank-you from a developer whose site plan was recently approved. What does the planning director need to do?

A

Donate the gift basket to a local charity and ask the developer not to send anything in the future.

The planning director does not need to be rude or damage good will, but should provide an explanation about where the gift was sent (i.e., to a local charity) and why gifts can not be accepted.

68
Q

Core values of planning are embedded in the AICP code of ethics. What are they?

A

-equity and social justice,
-public interest,
-sustainability,
-healthy and prosperous communities,
-diversity,
-democratic engagement, and
-transparency.

69
Q

If an AICP member is charged with ethics misconduct, who makes the final determination of the complaint, according to the AICP Code of Ethics and Professional Conduct?

A

Ethics Committee

70
Q

What are considered “serious crimes” according to the AICP Code of Ethics?

A

“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.”