Ethics in Ethics in GovernmentGovernment

Rules to Live By as a Nevada Public Rules to Live By as a Nevada Public OfficialOfficial

Roles & Roles & ResponsibilitiesResponsibilities

Adopt Vision & Adopt Vision & Mission Mission

Act as Trustees for Act as Trustees for the Organizationthe Organization

Set governing Set governing policiespolicies

Assure staff Assure staff performanceperformance

Fulfill fiduciary Fulfill fiduciary rolerole

Strategic planStrategic plan

Board DutiesBoard Duties CareCare

– Prudent Person Prudent Person RuleRule

LoyaltyLoyalty– Best interest of Best interest of

organization; no organization; no conflicts of interestconflicts of interest

ObedienceObedience– Follow the lawFollow the law

Business Judgment Business Judgment RuleRule Protects boards decisionsProtects boards decisions Presumption of acting in good Presumption of acting in good

faithfaith Decisions must beDecisions must be

– Plausibly rationalPlausibly rational– Involve no conflict of interestInvolve no conflict of interest– Reasonably informedReasonably informed

Nevada Ethics in Nevada Ethics in Government Law NRS Government Law NRS 281281

Public Policy: Public Public Policy: Public office is a public trust office is a public trust for the sole benefit of for the sole benefit of the peoplethe people

Public officers and Public officers and employees must employees must avoid conflicts of avoid conflicts of interest between interest between their private interests their private interests and public dutiesand public duties

To Whom does the Code of To Whom does the Code of Ethical Standards Apply?Ethical Standards Apply?

Public Officers Elected or Public Officers Elected or Appointed to a position created byAppointed to a position created by– ConstitutionConstitution– State LawState Law– OrdinanceOrdinance

And who exercises public power, And who exercises public power, trust or dutytrust or duty

Who is NOT a Public Officer?Who is NOT a Public Officer?

JudgesJudges JusticesJustices Officers of the Court SystemOfficers of the Court System Members of board, commission or Members of board, commission or

other body that is advisoryother body that is advisory Member of board of GID or special Member of board of GID or special

district only if duties do not include district only if duties do not include budget or expenditure approvalbudget or expenditure approval

Code of Ethical Standards Code of Ethical Standards for Public Officer or for Public Officer or EmployeeEmployee

Shall not seek or accept an gift, service, favor, Shall not seek or accept an gift, service, favor, employment, engagement, emolument or economic employment, engagement, emolument or economic opportunity that would tend improperly to influence opportunity that would tend improperly to influence the impartial discharge of public dutiesthe impartial discharge of public duties

Shall not use public position to negotiate for, secure or Shall not use public position to negotiate for, secure or grant unwarranted privileges, preferences, exemptions grant unwarranted privileges, preferences, exemptions of advantages for self or any business entity in which of advantages for self or any business entity in which he has a pecuniary interest or a commitment in a he has a pecuniary interest or a commitment in a private capacity to the interests of that personprivate capacity to the interests of that person

Shall not accept any compensation from any private Shall not accept any compensation from any private source for performance of public dutiessource for performance of public duties

Shall not bid on or contract with agency whom he Shall not bid on or contract with agency whom he serves as a public officer (except under limited serves as a public officer (except under limited circumstances)circumstances)

Code of Ethical Standards Code of Ethical Standards for Public Officer or for Public Officer or EmployeeEmployee Shall not use information not available to public Shall not use information not available to public

to further his own pecuniary interests or the to further his own pecuniary interests or the interests of othersinterests of others

Shall not suppress any governmental Shall not suppress any governmental documents because it might tend to affect documents because it might tend to affect unfavorably his pecuniary interests unfavorably his pecuniary interests

Shall not use governmental time, property, Shall not use governmental time, property, equipment or other facility to benefit his equipment or other facility to benefit his personal or financial interest except limited use personal or financial interest except limited use if authorizedif authorized

Shall not use official position to benefit personal Shall not use official position to benefit personal financial interests or contractsfinancial interests or contracts

Representation or counseling of private person Representation or counseling of private person before public agency prohibitedbefore public agency prohibited

Shall not spend funds to support or oppose a Shall not spend funds to support or oppose a ballot question or a candidate (may provide a ballot question or a candidate (may provide a public issues forum for discussion and debate)public issues forum for discussion and debate)

Voting by Public OfficersVoting by Public Officers

Shall NOT vote, abstain or act or Shall NOT vote, abstain or act or advocate passage or failure (but advocate passage or failure (but may participate in the may participate in the consideration) on any matter in consideration) on any matter in which the independence of which the independence of judgment of a reasonable person judgment of a reasonable person would be materially affected by would be materially affected by hishis– acceptance of a gift or loanacceptance of a gift or loan– pecuniary interestpecuniary interest– commitment in private commitment in private

capacity to the interests of capacity to the interests of others (household members, others (household members, relatives, employer or relatives, employer or business or similar business or similar relationships)relationships)

Voting by Public OfficersVoting by Public Officers

MAY VOTE if the MAY VOTE if the benefit or detriment benefit or detriment to public officer is not to public officer is not greater than that greater than that accruing to any other accruing to any other member of the member of the general business, general business, profession, profession, occupation or group occupation or group affected by the affected by the matter before the matter before the boardboard

Independent JudgmentIndependent Judgment

Judgment NOT affected if the benefit or Judgment NOT affected if the benefit or detriment accruing to him/her is no greater detriment accruing to him/her is no greater than to any other member of the group, than to any other member of the group, business, profession or occupation - MAY VOTE business, profession or occupation - MAY VOTE AFTER DISCLOSUREAFTER DISCLOSURE

IF Judgment WOULD BE affected, the IF Judgment WOULD BE affected, the individual shall NOT vote or advocate passage individual shall NOT vote or advocate passage or failure, but may participate in consideration or failure, but may participate in consideration of the matter IF FULL DISCLOSURE IS MADEof the matter IF FULL DISCLOSURE IS MADE

DISCLOSURE must provide sufficient DISCLOSURE must provide sufficient information to inform the public of the information to inform the public of the potential effect of the conflict of interestpotential effect of the conflict of interest

Role of Ethics Role of Ethics CommissionCommission

Investigation of alleged violationsInvestigation of alleged violations Inform the Attorney General or district Inform the Attorney General or district

attorney of all cases of noncompliance attorney of all cases of noncompliance with ethics lawwith ethics law

Conduct hearings on requests for an Conduct hearings on requests for an opinion and render decisionsopinion and render decisions

Recommend legislation to strengthen Recommend legislation to strengthen lawlaw

Publish ethics law manualPublish ethics law manual

Consequences of Ethics Consequences of Ethics Law Violations – Role of Law Violations – Role of Ethics CommissionEthics Commission Reviews, conducts hearing and makes Reviews, conducts hearing and makes

determination of violation or no violationdetermination of violation or no violation May impose civil finesMay impose civil fines

– $5,000 for first willful violation$5,000 for first willful violation– $10,000 for second willful violation$10,000 for second willful violation– $25,000 for third willful violation$25,000 for third willful violation

May report willful violations for purpose May report willful violations for purpose of initiating impeachment proceedingsof initiating impeachment proceedings

May report willful violations to court for May report willful violations to court for removal from officeremoval from office

On Becoming an Ethical On Becoming an Ethical BoardBoard

Recognize the Value of Input from OthersRecognize the Value of Input from Others Release Biases to See Other ViewpointsRelease Biases to See Other Viewpoints Respect Varying VoicesRespect Varying Voices Resolve Conflict by Extending CourtesyResolve Conflict by Extending Courtesy Review the Information CarefullyReview the Information Carefully Reserve Judgment Until the Facts Are InReserve Judgment Until the Facts Are In Reach Decisions in the Highest and Best Reach Decisions in the Highest and Best

Interests of the Organization and Citizens Interests of the Organization and Citizens Revisit Policies RegularlyRevisit Policies Regularly

Ethics Management As Ethics Management As Cultural ChangeCultural Change

PLUSPLUS Ethical Decision Making Filters Ethical Decision Making Filters                 PP=Policy   =Policy   LL=Legal  =Legal   U U=Universal =Universal

    SS=Self=Self

Universal Principles and ValuesUniversal Principles and Values EE - Empathy - understanding the thoughts and - Empathy - understanding the thoughts and

needs of others needs of others PP - Patience - taking the time to understand - Patience - taking the time to understand

before we act before we act II - Integrity - honesty and truth in all situations - Integrity - honesty and truth in all situations CC - Courage - doing what is right even when it - Courage - doing what is right even when it

is difficult is difficult The Ethics Resource Center: www.ethics.orgThe Ethics Resource Center: www.ethics.org

Six Steps to Ethical Decision Six Steps to Ethical Decision MakingMaking

Step 1: Define the problem Step 1: Define the problem PLUS PLUS Step 2: Identify alternatives Step 2: Identify alternatives Step 3: Evaluate the alternatives Step 3: Evaluate the alternatives

PLUSPLUS Step 4: Make the decision Step 4: Make the decision Step 5: Implement the decision Step 5: Implement the decision Step 6: Evaluate the decision Step 6: Evaluate the decision PLUS PLUS

Ethics SimplifiedEthics Simplified

Follow the law and ethical standardsFollow the law and ethical standards Authority to act comes from official board actionAuthority to act comes from official board action Personal goals are subordinate to board’s goalsPersonal goals are subordinate to board’s goals Act collectively, not individuallyAct collectively, not individually Focus on the highest and best interests of all Focus on the highest and best interests of all

whom you servewhom you serve

The Leadership TestThe Leadership Test

Am I Doing the RightAm I Doing the Right (Ethical) (Ethical) ThingThing

at the Right at the Right (Ethical)(Ethical) Time Time the Right the Right (Ethical)(Ethical) Way Way and for the Right and for the Right (Ethical)(Ethical)

Reason?Reason?

Vision & Vision & MissionMission

““A board must ultimately A board must ultimately be judged…by how be judged…by how effectivelyeffectively (and ethically)(and ethically) it achieves the mission of it achieves the mission of the institution.” the institution.” – – Cyril HooleCyril Hoole