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2010 MAPD Annual
Conference, Plymouth, MA
Curt Bellavance, AICP
Director of Economic and Community
Development
Town of North Andover
EVERYDAY ETHICS FOR
PRACTICING PLANNERS
I. Why Talk About Ethics?
II. Ethics Defined
III. Ethics Codes
IV. AICP Code of Ethics
V. Scenario Discussions
VI. Questions
VII. Resources
Today’s Discussion
Goal of Today’s Session:
 Fulfill your 1.5CM ethics credit requirement!
 Help develop reasoning and reflection skills that can be
applied in every day situations (instead of memorizing a code).
I. Why Talk About Ethics?
Source: Witty, David. 2002. CIP Professional Practice Manual
What planners do as planners
0% 5% 10% 15% 20% 25% 30% 35% 40% 45%
prepare policy 40%
advise politicians 32%
review development proposals 30%
undertake research 27%
advise senior staff 21%
administer policy 20%
facilitate community involvement 19%
prepare bylaws and regulations 17%
prepare development proposals 14%
administer bylaws and regulations 13%
conduct public involvement 13%
support a jurisdictional body 6%
teach 3%
other 20%
percent of respondents
Why Talk About Ethics cont…
• Citizen expectations. Planners having the ability to elevate
governance, not fall to its more base level.
• AICP planners must practice in accordance the AICP’s Code of
Ethics and Professional Conduct.
• Current code effective June 1, 2005. Codes in place for
planners since 1959 – long history and experience with ethics.
• Planners guided by both existing local and sometimes state ethics
provisions (State Ethics Commission).
• When none exist, must exercise common sense (aspirational
principles).
• Rarely “cut and dry” and often contain a high level of nuance.
Why Talk About Ethics cont…
What is an Ethics Code?
• Ethical codes address values and guiding principles,
codes of conduct and behavior that is appropriate
as well as prohibited.
Why Have a Code?
• To Enhance our Relationships by Creating a Mutually Beneficial
Environment that is both Pleasant and Productive;
• Define accepted or acceptable behaviors;
• Promote high standards of practice;
• Provide a benchmark for members to self evaluate;
• Establish framework for professional behavior & responsibilities
• The Code also aims at informing the public of the principles to
which professional planners are committed.
II. Ethics Defined
What does it take to be ethical?
Respect for each other and for rules
Responsibility for one’s own behavior
Results by acting with integrity
The Three R’s of Ethics for
Planners
III. Ethics Codes & others
State ethics code
MA: http://www.mass.gov/ethics/web268A.htm
Ethical Principles in Planning (adopted 1992)
AICP Code of Ethics (2005)
The American Institute of Certified Planners Code of Ethics
and Professional Conduct can be accessed at
http://www.planning.org/ethics/ethicscode
A. Aspirational principles
B. Rules of conduct
C. “Procedures” for complaint
administration
When in conflict, the RULES rule!
IV. AICP Code of Ethics
A. Principles to Which We Aspire
• Responsibility to the Public
• Responsibility to our Clients and
Employees
• Responsibility to our Profession and
Colleagues
• Conflict of Interest
• Confidentiality
• Representation
• Competency
• Plagiarism
• Disclosure
B. Rules of Conduct
C. Our Code Procedures
• Informal Advice
• Formal Advice
• Advisory Rulings
• Administration of an Ethics Charge
1. Role of the Ethics Officer
2. Role of the Ethics Committee
3. Investigations
4. Hearings
• Letter or phone conversation with APA Executive
Director (currently Paul Farmer, FAICP).
• Because of issues of reliability and confidentiality,
e-mail communication is NOT to be used.
• PDOs encouraged to engage in conversations
about the Code, but NOT authorized to give
guidance.
11 Total Cases
 9 Cases Resolved
4 Cases Dismissed
1 Charge Withdrawn
2 Respondents' Membership Lapsed
2 Appealed Case Dismissals Upheld
 2 Cases Pending
1 Charge Under Review
1 Complaint Under Review
 Ethics Committee Actions
Upheld Dismissals of 2 Appealed Cases
 Requests for Formal Advice
No requests
Slow increase in complaints since inception in 2005
Scenario 1:
Town planner Veronica Lodge is responsibility for code
enforcement. She owns a home in a PUD and notice that many
of her neighbors have erected fences that extend their backyard
into the shared greenway – claiming it as their own. How should
Veronica handle this situation? Do conflicts arise between her
role as property owner, neighbor, and public servant?
Scenario 2:
It’s the holiday season and your office is “bombarded” by
“gifts” of appreciation in the form of food, pastries, wine and
even a Hickory Farms gift basket – with no implication of
future favors or special treatment.
Can you enjoy
these treasures?
Scenario 3:
Two planners work together at a private firm for several years
before both joining the planning department in a large city. After
two years at the department, one of the planners returns to the
private sector (for more money). How does this change the
personal and professional relationship of the two planners?
Does the scenario change if
the planners are working in
a city with a small, resource-
strapped planning
department?
Scenario 4:
Ronald Trump is the asst. director
of planning for Urbanville and is
working with PavOver Consulting
on a redevelopment plan. After
several weeks, based on the
quality of Ron’s work, the head of
PavOver offers Ron a position at
the firm.
Are there ethical considerations
that would prevent Ron from
accepting this position?
Scenario 5:
BP Development, Inc. asks you, Town Planner Johnny Muir, to
help them select the team of lawyers and architects that you
would recommend, since you are familiar with who is good in
your community. How do you respond?
If you decide that giving advice on a team is not ethical, are
there other ways you can assist?
Scenario 6:
The Town of Hartmann hires
Greene Consulting, LLC to do
a comprehensive plan and
revise the zoning bylaw.
About 1 year after the project
is complete, another partner
in Greene Consulting is
retained by a developer to
process a zone amendment.
What disclosure is required?
Scenario 7:
Robert Marley is the city planning director appointed by the mayor.
The mayor owns a skybox at Fenway Park from his prior career.
He invites Robert and his wife to a game. Should Robert accept or
not? Fenway is partially financed by the city.
What if it’s BU skybox
seats and he offers
Robert tickets?
Scenario 8:
Is it unethical, as a regulatory planner, to socialize with your
paid consultants as peers? They may buy drinks or dinner, but
you also sometime buy. Is the perception bad? Is there any
conflict?
Scenario 9:
Nancy Peluzzi, retired director of city planning for Washington City,
is offered a consulting position with NRA Planning. NRA’s first job
is to craft a response to an RFP on a project from Nancy’s old
office. Is there a conflict?
Scenario 10:
You hire an open space consultant. The consulting firm’s
accounting software is set up to charge a max. of 40 hrs/week.
The project consistently takes the consultant 60 hours a week.
Therefore, the consultant is basically donating (giving) your town
20 hours per week of time on the project.
Is this fully ethical? Does this
give the consultant an advantage
in the future over other in the
selection process?
Some Common issues:
Your agency has a dollar amount limitation for gifts - anything
under $50 is acceptable???
Common issues cont…
Through the course of your duties you form a friendship
with a local landowner who periodically calls with questions
about planning and zoning. He invites you to eat lunch and
he buys.
Is this okay?
Common issues cont…
The new Planning Director Jack Donaghy receives a flood
of invitations to join groups outside of work such as the
Kiwanis Club, Toastmasters, Chamber of Commerce, etc.
Is there a balance of
work and leisure clubs
that does not violate
the code of ethics?
Common issues cont…
“My boss told
me to do it”
Common issues cont…
What is the responsibility of an AICP planner if he/she is aware
that a developer/applicant is meeting with planning board or
council members, but neither are disclosing it publicly?
VI. Questions
Everyday Ethics for Practicing Planners. Carol D. Barrett,
FAICP, 2001.
The New Ethics. Anita Allen, 2004.
MA State Ethics Code:
http://www.mass.gov/ethics/web268A.htm
APA Ethics Resources:
http://www.planning.org/ethics/index.htm
• AICP Code of Ethics
• Reports on Case Activity
• Ethics Resources (Toolkit for Conducting Ethics Sessions)
• Ethical Principles in Planning (Guide for all)
VII. Resources

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2010 MAPD Annual Conference ethics session

  • 1. 2010 MAPD Annual Conference, Plymouth, MA Curt Bellavance, AICP Director of Economic and Community Development Town of North Andover EVERYDAY ETHICS FOR PRACTICING PLANNERS
  • 2. I. Why Talk About Ethics? II. Ethics Defined III. Ethics Codes IV. AICP Code of Ethics V. Scenario Discussions VI. Questions VII. Resources Today’s Discussion
  • 3.
  • 4. Goal of Today’s Session:  Fulfill your 1.5CM ethics credit requirement!  Help develop reasoning and reflection skills that can be applied in every day situations (instead of memorizing a code). I. Why Talk About Ethics?
  • 5. Source: Witty, David. 2002. CIP Professional Practice Manual What planners do as planners 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% prepare policy 40% advise politicians 32% review development proposals 30% undertake research 27% advise senior staff 21% administer policy 20% facilitate community involvement 19% prepare bylaws and regulations 17% prepare development proposals 14% administer bylaws and regulations 13% conduct public involvement 13% support a jurisdictional body 6% teach 3% other 20% percent of respondents Why Talk About Ethics cont…
  • 6. • Citizen expectations. Planners having the ability to elevate governance, not fall to its more base level. • AICP planners must practice in accordance the AICP’s Code of Ethics and Professional Conduct. • Current code effective June 1, 2005. Codes in place for planners since 1959 – long history and experience with ethics. • Planners guided by both existing local and sometimes state ethics provisions (State Ethics Commission). • When none exist, must exercise common sense (aspirational principles). • Rarely “cut and dry” and often contain a high level of nuance. Why Talk About Ethics cont…
  • 7. What is an Ethics Code? • Ethical codes address values and guiding principles, codes of conduct and behavior that is appropriate as well as prohibited. Why Have a Code? • To Enhance our Relationships by Creating a Mutually Beneficial Environment that is both Pleasant and Productive; • Define accepted or acceptable behaviors; • Promote high standards of practice; • Provide a benchmark for members to self evaluate; • Establish framework for professional behavior & responsibilities • The Code also aims at informing the public of the principles to which professional planners are committed. II. Ethics Defined
  • 8. What does it take to be ethical?
  • 9. Respect for each other and for rules Responsibility for one’s own behavior Results by acting with integrity The Three R’s of Ethics for Planners
  • 10. III. Ethics Codes & others State ethics code MA: http://www.mass.gov/ethics/web268A.htm Ethical Principles in Planning (adopted 1992) AICP Code of Ethics (2005) The American Institute of Certified Planners Code of Ethics and Professional Conduct can be accessed at http://www.planning.org/ethics/ethicscode
  • 11. A. Aspirational principles B. Rules of conduct C. “Procedures” for complaint administration When in conflict, the RULES rule! IV. AICP Code of Ethics
  • 12. A. Principles to Which We Aspire • Responsibility to the Public • Responsibility to our Clients and Employees • Responsibility to our Profession and Colleagues
  • 13. • Conflict of Interest • Confidentiality • Representation • Competency • Plagiarism • Disclosure B. Rules of Conduct
  • 14. C. Our Code Procedures • Informal Advice • Formal Advice • Advisory Rulings • Administration of an Ethics Charge 1. Role of the Ethics Officer 2. Role of the Ethics Committee 3. Investigations 4. Hearings
  • 15. • Letter or phone conversation with APA Executive Director (currently Paul Farmer, FAICP). • Because of issues of reliability and confidentiality, e-mail communication is NOT to be used. • PDOs encouraged to engage in conversations about the Code, but NOT authorized to give guidance.
  • 16. 11 Total Cases  9 Cases Resolved 4 Cases Dismissed 1 Charge Withdrawn 2 Respondents' Membership Lapsed 2 Appealed Case Dismissals Upheld  2 Cases Pending 1 Charge Under Review 1 Complaint Under Review  Ethics Committee Actions Upheld Dismissals of 2 Appealed Cases  Requests for Formal Advice No requests Slow increase in complaints since inception in 2005
  • 17. Scenario 1: Town planner Veronica Lodge is responsibility for code enforcement. She owns a home in a PUD and notice that many of her neighbors have erected fences that extend their backyard into the shared greenway – claiming it as their own. How should Veronica handle this situation? Do conflicts arise between her role as property owner, neighbor, and public servant?
  • 18. Scenario 2: It’s the holiday season and your office is “bombarded” by “gifts” of appreciation in the form of food, pastries, wine and even a Hickory Farms gift basket – with no implication of future favors or special treatment. Can you enjoy these treasures?
  • 19. Scenario 3: Two planners work together at a private firm for several years before both joining the planning department in a large city. After two years at the department, one of the planners returns to the private sector (for more money). How does this change the personal and professional relationship of the two planners? Does the scenario change if the planners are working in a city with a small, resource- strapped planning department?
  • 20. Scenario 4: Ronald Trump is the asst. director of planning for Urbanville and is working with PavOver Consulting on a redevelopment plan. After several weeks, based on the quality of Ron’s work, the head of PavOver offers Ron a position at the firm. Are there ethical considerations that would prevent Ron from accepting this position?
  • 21. Scenario 5: BP Development, Inc. asks you, Town Planner Johnny Muir, to help them select the team of lawyers and architects that you would recommend, since you are familiar with who is good in your community. How do you respond? If you decide that giving advice on a team is not ethical, are there other ways you can assist?
  • 22. Scenario 6: The Town of Hartmann hires Greene Consulting, LLC to do a comprehensive plan and revise the zoning bylaw. About 1 year after the project is complete, another partner in Greene Consulting is retained by a developer to process a zone amendment. What disclosure is required?
  • 23. Scenario 7: Robert Marley is the city planning director appointed by the mayor. The mayor owns a skybox at Fenway Park from his prior career. He invites Robert and his wife to a game. Should Robert accept or not? Fenway is partially financed by the city. What if it’s BU skybox seats and he offers Robert tickets?
  • 24. Scenario 8: Is it unethical, as a regulatory planner, to socialize with your paid consultants as peers? They may buy drinks or dinner, but you also sometime buy. Is the perception bad? Is there any conflict?
  • 25. Scenario 9: Nancy Peluzzi, retired director of city planning for Washington City, is offered a consulting position with NRA Planning. NRA’s first job is to craft a response to an RFP on a project from Nancy’s old office. Is there a conflict?
  • 26. Scenario 10: You hire an open space consultant. The consulting firm’s accounting software is set up to charge a max. of 40 hrs/week. The project consistently takes the consultant 60 hours a week. Therefore, the consultant is basically donating (giving) your town 20 hours per week of time on the project. Is this fully ethical? Does this give the consultant an advantage in the future over other in the selection process?
  • 27. Some Common issues: Your agency has a dollar amount limitation for gifts - anything under $50 is acceptable???
  • 28. Common issues cont… Through the course of your duties you form a friendship with a local landowner who periodically calls with questions about planning and zoning. He invites you to eat lunch and he buys. Is this okay?
  • 29. Common issues cont… The new Planning Director Jack Donaghy receives a flood of invitations to join groups outside of work such as the Kiwanis Club, Toastmasters, Chamber of Commerce, etc. Is there a balance of work and leisure clubs that does not violate the code of ethics?
  • 30. Common issues cont… “My boss told me to do it”
  • 31. Common issues cont… What is the responsibility of an AICP planner if he/she is aware that a developer/applicant is meeting with planning board or council members, but neither are disclosing it publicly?
  • 33. Everyday Ethics for Practicing Planners. Carol D. Barrett, FAICP, 2001. The New Ethics. Anita Allen, 2004. MA State Ethics Code: http://www.mass.gov/ethics/web268A.htm APA Ethics Resources: http://www.planning.org/ethics/index.htm • AICP Code of Ethics • Reports on Case Activity • Ethics Resources (Toolkit for Conducting Ethics Sessions) • Ethical Principles in Planning (Guide for all) VII. Resources