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AICP Flashcards 2024 Spring > Ethics 2022 > Flashcards

Ethics 2022 Flashcards

1
Q

When can we perform work on a project for a client or employer if there is a possibility for direct personal or financial gain to us?

A

When our client or employer, after full prior written disclosure from us, consents in writing to the arrangement, AND we make full disclosure of the potential conflict part on the public record at every public meeting and in all written reports

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2
Q

We shall not, as public officials or employees, accept from anyone other than our public employer, any ______, _____, _____, or other ______ that may be perceived as related to our public office or employment.

A

Compensation, commission, rebate, or advantage

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3
Q

Can you accept work for a fee, or pro bono, that you know cannot be performed with the promptness required by the prospective client?

A

No.

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4
Q

Can you accept work to be performed under the direction of another qualified professional when the work itself is beyond your professional competence?

A

Yes.

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5
Q

What is Section B of the AICP Code of Ethics and Professional Conduct?

A

Our Rules of Conduct

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6
Q

True or false: You should accept the applicability of a customary solution without first establishing its appropriateness to the situation.

A

False: no; do not accept the applicability without first establishing its appropriateness

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7
Q

Practicing planners shall improve ____ _____ and increase _____ _____ of planning activities.

A

planning knowledge and public understanding

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8
Q

People who participate in the planning process shall _____ the public trust.

A

safeguard

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9
Q

Recognize and work to mitigate the impacts of existing plans and procedures that result in patterns of _____, _____, or ____ _____.

A

Discrimination, displacement, environmental injustice

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10
Q

Seek social justice by identifying and working to expand _____ and _____ for all persons.

A

choice and opportunity

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11
Q

Plans that ensure equitable access to resources and opportunities structure prospects for upward ____, a sense of __, and enhanced ____.

A

upward economic mobility, a sense of belonging, enhanced quality of life

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12
Q

People who participate in the planning process shall work to achieve ____, _____, and _____ equity.

A

economic, social, and racial

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13
Q

You should use principles of ____ and _____ as guiding influences in our work.

A

sustainability and resilience

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14
Q

Provide _____, _____, _____, _____, and _____ information on planning issues to all affected persons.

A

timely, adequate, clear, accessible, and accurate

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15
Q

What are the main points of each Principles to Which We Aspire?

A
  1. Serve the public interest; 2. have integrity; 3. work to achieve economic, social, and racial equity; 4. safeguard the public trust; 5. improve planning knowledge and understanding of planning activities
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16
Q

How many Principles to Which We Aspire are there?

A

5

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17
Q

What type of principles and strategies should be incorporated to achieve more socially just decision-making?

A

Equity principles

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18
Q

What essential first step is an effort to reveal and understand our conscious and unconscious biases? Examine our own ____, ____, _____, and _____ _____.

A

cultures, practices, values and professional positions.

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19
Q

What is our primary obligation as planners and active participants in the planning process?

A

to serve the public interest

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20
Q

We shall not fail to provide ____, ____, _____, and _____ information on planning issues.

A

Adequate, timely, clear and accurate

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21
Q

Can we accept an assignment from a client or employer if we think the services to be performed as illegal or in violation of this Code?

A

no

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22
Q

With the understanding and agreement of the client, can we accept work to be performed under the direction of another professional beyond our scope of competence?

A

yes

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23
Q

As public officials/employees, can we engage in private communications with planning process participants if the discussions relate to a matter over which we have authority to make a binding, final determination even if we aren’t making a determination in that conversation?

A

No

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24
Q

When can we disclose information gained in a professional manner that we recognize as confidential? (3 scenarios)

A
  1. when required by process of law 2. to prevent a clear violation of the law 3. to prevent a substantial injury to the public
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25
Q

Can we make verbal disclosure to our primary employer and receive verbal permission to undertake other employment in planning or a related field?

A

no - must have written disclosure and written permission

26
Q

What is the time requirement to accept an assignment from a client or employer to publicly advocate a position on a planning issue that is significantly different to a position we publicly advocated for a previous client or employer?

A

3 years

27
Q

If we have knowledge relevant to a charge filed against another AICP member in which we have no involvement, are we still obligated to cooperate and not withhold information if we are questioned?

A

yes

28
Q

Which category of Rules of Conduct discusses not deliberately committing any wrongful acts that reflect adversely on our professional fitness or the planning profession?

A

Quality and Integrity of Practice

29
Q

What category of Rules of Conduct discusses not soliciting prospective clients or employment through use of false or misleading claims?

A

Improper Influence/Abuse of Power

30
Q

What category of Rules of Conduct discusses not misstating your education, experience, training, or any facts which are relevant to your professional qualifications?

A

Honesty and Fair Dealing

31
Q

If we are convicted of a “serious crime,” how are we to notify the Ethics Officer?

A

both receipted certified and regular first class mail

32
Q

Who can seek advice from the Ethics Officer? Who can seek advice from the Ethics Committee?

A

Anyone from the Ethics Officer, any AICP member from the Ethics Committee

33
Q

What format is informal advice given in?

A

orally, but the ethics officer will keep a record of the issue raised and the advice given

34
Q

What is the intent behind informal advice?

A

to assist the person who seeks it but isn’t binding on AICP

35
Q

If an AICP member seeks a formal opinion from the Ethics Committee, what should they do?

A

Send a detailed description of the relevant facts and a clear statement of the question to the Ethics Officer

36
Q

Who determines if there is sufficient information to permit a fully informed response or whether more information is required?

A

the ethics officer

37
Q

What happens if the formal opinion request concerns past conduct that may be subject of a charge of misconduct?

A

the Ethics Committee will not issue an advisory opinion. They don’t need to provide a reason for a decision to not issue an opinion

38
Q

What is the benefit to acting in compliance with a formal advisory opinion?

A

if acting in compliance with a formal advisory opinion, the member will have a defense to a charge of misconduct that is based on conduct permitted by the opinion.

39
Q

Can the Ethics committee issue opinions without request from a member?

A

Yes - when it believes that an opinion will provide useful guidance to members

40
Q

Who provides the annual report? Who do they provide it to? When do they need to provide it by?

A
  1. The Ethics Officer 2. the AICP Commission and the Ethics Committee 3. prior to January 31 of each year
41
Q

Who can file a complaint against a certified planner under Section D - Adjudication of Misconduct?

A

Anyone (AICP or not)

42
Q

When filing a complaint against a Certified Planner, can confidentiality be guaranteed?

A

No - AICP Ethics committee/officer will disclose the identity of the complainant if disclosure is needed in order to reach an informed decision

43
Q

What group or person determines if whether or not a complaint contains all information necessary to make a fully informed decision?

A

the Ethics Officer

44
Q

How long does the Ethics Officer have to make a preliminary determination on a complaint received?

A

30 days

45
Q

If a complaint is unfounded, can the complainant appeal the decision? If so, how long do they have to do so?

A

Only if the complainant is AICP; 20 days

46
Q

When the Ethics Officer determines from a complaint that a violation has occurred and the respondent is notified, how long does the respondent have to provide a response to the complaint?

A

30 days (+14 day extension if Ethics Officer allows)

47
Q

Are settlements considered an ethical resolution to complaints/violations?

A

At any point in the process, the Ethics Officer can consult with the Ethics Committee and attempt to negotiate a settlement

48
Q

If no settlement is reached, the Ethics Officer shall issue a ____ decision. If a hearing is required, it will be held in what format?

A
  1. written; 2. by telephone or other electronic means unless all parties agree it should be in person
49
Q

What is the timeline for AICP members to make an appeal to a decision?

A
  1. Appeal filed within 30 days of decision
  2. Party filing appeal has 14 days to provide written statement for appeal
  3. Ethics Officer has 10 days to transmit that document to the party against whom the appeal is filed
  4. That party has 30 days to provide Ethics Officer with written position
  5. Ethics Officer has 10 days to provide all that to the Ethics Committee
50
Q

What types of conduct are AICP members subject to discipline for?

A
  1. Conviction of serious crime (defined in paragraph 3)
  2. Conviction of other crimes (paragraph 4)
  3. Findings by Ethics Officer or Ethics Committee that has engaged in unethical conduct
  4. Loss, suspension, or restriction of state/governmental professional licensure
  5. Failure to disclose crime or loss of licensure
  6. Other actions the Ethics Officer or Ethics Committee determines inconsistent with professional responsibilities
51
Q

What are the four types of discipline available under Section E?

A
  1. confidential letter of admonition
  2. public letter of admonition
  3. suspension of AICP membership
  4. revocation of AICP membership
52
Q

Under Section E, what does “serious crime” mean?

A

any crime that 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

53
Q

Can AICP membership be reinstated if conviction of a serious crime is overturned upon appeal?

A

yes

54
Q

When convicted of other crimes, how does a member communicate their position to the Ethics Officer?

A

in writing, then the Ethics Officer determines if they get a hearing

55
Q

How does a member who has had discipline imposed by the Ethics Officer appeal the Ethics Officer’s decision?

A

within 30 days from the date of notification, filing a timely notice accompanied by a statement of the basis for the appeal. Up to the committee whether or not to grant a hearing and issue a written opinion on the appeal

56
Q

Who do you notify if convicted of a crime or if you have a professional license revoked?

A

the Ethics Officer

57
Q

Can the Ethics Officer determine if a member should face discipline for any conduct not otherwise covered by Section E if they think the action is inconsistent with the responsibilities of a certified planner?

A

Yes - such as a civil case involving defamation, copyright infringement, or perjury

58
Q

How long must a certified planner wait to petition for membership or certification reinstatement after revocation?

A

no sooner than 5 years

59
Q

Who determines if reinstatement of membership is appropriate?

A

the Ethics Committee

60
Q

What happens if the petition for membership reinstatement is denied?

A

the planner must wait another 12 months to file a subsequent appeal

61
Q

Who has the discretion to publish names of members who have had disciplinary action imposed and to state the nature of the discipline that was imposed?

A

the Ethics Committee

AICP Flashcards 2024 Spring (17 decks)

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