Ethics Flashcards
Parts of the Code of Ethics & Professional Conduct
5 Parts A: Principles to which we aspire (non-enforceable) B: Rules of Conduct C. Advisory Opinions D. Adjudication of Complaints E. Discipline of Members
A. Principles to which we aspire
- Responsibility to the public
- Responsibility to Employer/Client
- Responsibility to Profession & Colleagues
B. Rules of Conduct (1-5)
- Adequate, Timely, Clear and Accurate information
- We shall not accept work illegal or in violation of these rules.
- Shall not publicly advocate adverse position on a planning issue from previous employer within 3 years unless (1) after consultation with other qualified professionals our change of position will not cause detriment, and (2) written disclosure to current employer.
- Shall not moonlight, unless written permission is granted from employer or express policy does not require.
- Shall not accept any benefit or compensation from non-employer, unless written disclosure and permission from employer
C. Advisory Opinions
- Introduction - anyone can seek informal advice, ONLY AICP can seek formal advice. DONT USE EMAIL
- Informal Advice - Given Orally by Ethics Officer. Not binding, but record kept.
- Formal Advice- Binding; from AICP Ethics Committee, only for AICP members
▫ Requires documentation of relevant facts
▫ Provided in writing (published or not)
▫ 90 day response time limit
▫ May not concern questions about past actions
▫ Committee may decline to provide the opinion without explanation
AICP Ethics Adoption
Originally adopted in 1978
New Code adopted in 2005 to separate parts A & B
Revised 2016
D. Adjudication of Complaints
Filing a Complaint
Filing a complaint (by anyone against an AICP member)
▫ Submitted to AICP Ethics Officer (must be signed and on form found on website) May be confidential
▫ Ethics Officer maintains a log of complaints
▫ 30 days for Preliminary Review – complaint may be dismissed or confirmed
▫ 30 days to notify “the Respondent”, if complaint is confirmed
▫ 30 days for accused member to respond. (14 day extension possible)
▫ 14 days for Complainant to comment
▫ 15 days for Complainant and Respondent to provide any additional requested info (15 day extension possible)
▫ Settlement is possible w/approval from ethics committee
D. Adjudication of Complaints
Decision
In no settlement, a Ethics Officer may render decision or call for a Hearing
▫ Decision by Ethics Officer can result in:
Letter of admonition
Public reprimand
Suspension of AICP membership
Permanent expulsion from AICP
Ethics officer not required to disclose remedy to non-AICP complainant
D. Adjudication of Complaints
Appeals
▫ Either complainant or respondent may appeal
▫ 20 days for complainant to appeal if complaint dismissed by ethics officer
▫ 30 days for notice of appeal; further 14 days for statement of appeal
▫ 30 days for other party to respond
▫ Decision by Ethics Committee.
E. Discipline of Members
Letter of admonition
Public reprimand
Suspension of AICP membership
Permanent expulsion from AICP
Revocation of membership if “serious crime”, unless conviction is overturned.
Revoked member can request Ethics Committee reinstatement no sooner than 5 years later. If denied, may request new hearing after 1 year.
Serious Crime
false swearing, misrepresentation, fraud, failure to file income tax returns or to pay tax, deceit, bribery, extortion, misappropriation, theft, or physical harm to another
Other crimes such as copyright infringement, perjury, other may result in discipline at discretion of Ethics Officer
A. Principles to which we aspire, Part 1
The Public Interest
- Rights of others
- Long range consequences
- Interrelatedness of decisions
- Provide timely, adequate, clear, accurate information
- Provide opportunity for involvement
- Seek social justice
- Conserve/Preserve natural, cultural, built environment
- Deal fairly to all participants
A. Principles to which we aspire, Part 3
The Profession
- Integrity of profession
- Educate the public
- Describe & comment on other professionals in fair manner
- Share results and experience
- Don’t accept customary solutions without analyzing appropriateness
- Contribute time & resources to others
- Help underrepresented groups become planners
- Professional education & training
- Analyze ethical issues
A. Principles to which we aspire, Part 2
The Client/Employer
- Independent professional judgement
- Accept the decisions of our employer unless illegal or violates public interest
- Avoid appearance of conflict of interest
B. Rules of Conduct (6-11)
- Shall not perform work that may directly or indirectly benefit self or family
- Shall not disclose confidential information except when (1) required by process of law, or (2) required to prevent a clear violation of law, or (3) required to prevent a substantial injury to the public. Disclosure pursuant to (2) and (3) shall not be made until after we have verified the facts and issues involved and sought opinions on the issue from qualified professionals.
- We shall not engage in private communications with decision makers “ex parte” (communicating with one but not all members of a board on a decision)
- We shall not engage in private discussions with decision makers in the planning process in any manner prohibited by law/custom (using private communication to avoid public record)
- We shall not misrepresent the qualifications, views and findings of other professionals.
- We shall not solicit prospective clients or employment through use of false or misleading claims, harassment, or duress.
B. Rules of Conduct (12-16)
- We shall not misstate our education, experience, training
- We shall not imply an ability to influence decisions by improper means.
- We shall not use the power of any office to seek or obtain a special advantage that is not a matter of public knowledge or is not in the public interest.
- We shall not accept work beyond our professional competence
- We shall not accept work for a fee, or pro bono, that cannot be performed in time
