Title:آیا نرمال جدید بر اخلاق قدیمی تأثیر می گذارد؟

این وب‌کست فقط برای مشاهده در دسترس است. برای اعتبارات AICP CM قابل استفاده نیست. ۰۲-۰۱-۲۰۱۳ ارائه دهندگان: Cythia Hoyle، Bruce Knight و Leslie Pollock از زمان تصویب آیین نامه اخلاقی و رفتار حرفه ای AICP در سال ۲۰۰۵، رکود بزرگ تأثیر زیادی بر حرفه برنامه ریزی و جوامعی که ما برای آنها کار می کنیم، داشته است. در شرایط عادی جدید، بودجه ها محدود است، توسعه اقتصادی کمیاب است و پروژه های توسعه جدید به کندی می رسند. فشار جدید از سوی مقامات منتخب و مدیران شهری برای کاهش هزینه‌ها، مقررات و فرآیندها به منظور تسهیل جذب توسعه ممکن است با اصول مورد حمایت منشور اخلاقی سازگار باشد یا نباشد، چه بیشتر با قوانین رفتار. این جلسه تعاملی شرکت کنندگان را در مورد فشارهایی که روزانه در مشاغل خود با آن مواجه هستیم و نحوه هماهنگ کردن پاسخ خود با منشور اخلاقی و رفتار حرفه ای AICP در گفتگو شرکت خواهد کرد.

قسمتي از متن فيلم: All attendees are in listen-only mode hello my name is Benjamin Lee and I just want to welcome everyone it is now 1 p.m. so we’ll begin our presentation shortly today on februari first we’ll have our presentation on does a new normal impact the old ethics for help during today’s webcast please feel free

To type your questions in the chat box found in the webinar tool bar to the right of your screen or call one eight hundred 263 6317 for content questions please feel free to type those in the questions box and will be will be able to answer those during the presentation

Also will have an interactive webinar webinar with the presenters today by submitting your ideas through questions box and pull questions so please I’ll be ready to share your inputs here is a list of sponsoring chapters divisions and universities I would like to thank all of the participating chapters divisions and universities for making

These webcasts possible these are the list of upcoming webcast to register for this upcoming work at webcast please visit utah ap.org webcast and register for your webcast of choice we are now offering distance education webcast to help you get your ethics or la credits before the end of the year these

Webcasts are available to view at Utah ap.org webcast archive to log your distance education cm credits go to planning org cm select activities by provider select APA Ohio Chapter then select distance education as like your web casts of choice follow us on twitter or like us on facebook to receive up-to-date

Information on planning webcast series sponsored by chapters divisions and universities and we also upload the previous presentations on youtube to log your same credits for attending today’s webcast please go to planning the org slash CM select today’s date februari first and then select today’s webcast this will be available for 1.5 cm credit

Please use the event code 227 16 to log your credits we are recording today’s webcast and it will be available along with a six slide per page PDF of the presentation at this time I like to hand it over to Cynthia who will be introducing our speakers for today thank

You very much Ben welcome everyone thanks for joining us today and today we are going to try and engage you in a discussion about ethics and how the new economy that has emerged from the recession impacts ethical situations I’ll introduce myself first I am a transportation planner I have expertise

In working with local state national government and I do a lot of work transportation creating community mobility Complete Streets I Prout’s to school comprehensive planning and visioning aim for many years and I will be moderating today’s session our other speakers include Bruce knight who is the planning director of Champaign Illinois

Since 1988 he is also an adjunct lecturer at the University of Illinois in the Department of Urban and Regional Planning since 2003 previously he worked as a city planner in Liberty Missouri Iowa City Iowa and as a regional planner with the mid Iowa Development Association councils of governments in

Fort Dodge Iowa Bruce joined APA in 1980 and became a certified planner in 1985 he was elected to the AICP college of fellows in 2003 and he served as the president of a excuse me APA from 2008 to 2012 he was on the board of directors from 2000 2008 and was an Illinois

Chapter president from nineteen ninety seven to two thousand Bruce has a BS in urban planning from Iowa State University and an MA in public affairs from the University of Iowa I’m going to go ahead and introduce our second speaker as well so that we don’t have to

Interrupt to do that and second speaker is less Pollock he is a principal consultant and co-founder of comoros Limited which is an urban planning and zoning consulting firm in Chicago he has a wide-ranging practice and he is recognized for his work in neighborhood planning transit oriented development and zoning his clients include numerous

Large and mid-sized cities across the country such as Baltimore Maryland Chicago Illinois New Orleans Phoenix Salt Lake City to Leo and Raleigh he also works in many cities in Illinois and many suburban communities in the Chicago area he les has served on a number of public and professional boards

And commissions related to urban planning this includes serving as an elected City Council member in a chair of the Planning Commission in Wilmette Illinois currently he serves as a member of the mayor’s landscape task force in Chicago is the immediate past president of lambda alpha international which is an international and economics honorary

Society les has also served as an adjunct and full-time faculty member in planning for the University of Illinois in urbana-champaign and Chicago as well as the illinois institute of technology and Loyola University he is the author of numerous articles and papers on various aspects of planning and zoning

And holds degrees in architecture and urban planning from the University of Illinois urbana-champaign we wanted to also point you to resources on the session it is available to you to find this information online as well through the APA website if you have a problem that you need specific answers to you

Should contact the ethics officer the only person authorized to give formal advice on specific cases so you should contact that office and you can do that through the website and we also will provide that information further into the session my slide is not advancing well we can go ahead and turn this over

To Bruce to proceed and back to me later thank you good afternoon everyone and and welcome to our webinar this is a bit of an experiment i would say because this was a session we did at the Illinois chapter conference and its intended to be interactive so as what suggested earlier

We’re going to have some poll questions and we’re also going to encourage you to engage with us through the question box so that we can we can try and make this as interactive as possible so why talk about ethics well of course as certified planners belonging to the American

Institute of Certified planners we are required to practice in accordance with the standard of practice also citizens have a right to expect that we’re going to help elevate governance not fall to its more base level that all of us see far too often and recognize planners have an ethical responsibility to our

Colleagues to our clients and to our communities and we need to understand what those are and when it comes right down to it ethical scenarios are rarely cut-and-dried there’s a high level of nuance there’s more gray than black and white and therefore spending time talking about different possible ethical

Scenarios in thinking about how they fit into our code of ethics is helpful to prepare us for those real-life scenarios that that will have to negotiate no talk just a little bit about the code of ethics itself is kind of a framework for our discussion of some scenarios as we

Move along code of ethics offers codes rules and procedures to help certify planners negotiate the ethical and moral dilemmas that they sometimes face it embodies the values that define our profession and the behavior of those of us that practice it the first section of the code includes aspirational values

And ideals aicp cannot enforce actions against the planner for violation of these aspirations but they should not be ignored they really set the frame work for you know much like the vision a vision for a plan sets up the the way it’s implemented the aspirational ideals

Are kind of a vision statement for the AICP code of ethics the second section of the code is a list of rules of conduct these are rules that ascp can and does take enforcement actions against planners who have when they violate them the third section provides the procedures for handling code

Infractions it provides information about what happens when there’s an alleged violation the rights of the planners accused and a timetable for action and then the final section planner is convicted of serious crimes automatic suspension of certification means that if you’re listening to this webinar from a prison somewhere you

Probably can sign off now because you’re not going to get any cm credit the so the principles to which we aspire include first of all our overall responsibility to the public includes being conscious of the rights of others concern for long-range consequences of present actions paying special attention to the interrelatedness of decisions

Providing timely adequate clear and accurate information giving people the opportunity to have a meaningful impact on the development of plans and programs that may affect them expanding choice and opportunity for all persons conserving and preserving the integrity and heritage of the natural and built environment and dealing fairly with

Participants in the planning process I like to think that these aspirational values are really just all about being a good planner and doing the things that are our professional responsibilities our responsibilities to our clients and employers including exercising independent professional judgment accepting the decisions of our client or employer concerning the objectives and

Nature of the professional services we perform and avoiding active interest or even the appearance of a conflict of interest and that one of course is something that I’m sure we’ve all experienced I like to use the rule that if if you would be worried about it being on the front page of the

Local newspaper it’s probably an appearance of a conflict of interest finally our responsibility to our profession in our colleagues this includes protecting and enhancing the integrity of our profession educating the public about planning issues and this is a real key one because a lot of the kinds of concerns that exist out

There you know sometimes it’s easier to just go with the flow but but our public doesn’t necessarily understand the implications of some of our planning issues so taking the time to really try to educate them as critical describing and commenting on the work and views of other professionals in a fair and

Professional manner contributing to the body of planning knowledge giving back to the profession that is do not accept the applicability of a customary solution without first establishing its appropriateness to the situation and aiding the professional development of students interns beginning professionals and other colleagues so now that brings

Us to our rules of conduct and again these are the rules that can actually be enforced if it’s determined that a certified planner is is in violation of them they establish the code of conduct for how we work with our employers other planners other professions and our

Citizens their intent is to ensure that fair the fair treatment of all involved in the planning process sound decision making based on the best information and legal and ethical behavior by all the certified planners out there practicing we’re also designed to ensure that SCP planners fairly represent their ability

To undertake a job or assignment and don’t take on more than they’re really capable of the rules include providing adequate timely clear and accurate information and all planning issues not accepting assignments when the services to be performed involved conduct that we know to be illegal or in violation of

These rules not advocating it for a position that you advocated gifts within three years and not accepting other employment without full disclosure to your employer not accepting compensation or other advantage that may be perceived as related to public employment not performing work when there is a possibility of gain to a family member

Without consent from your employer in not using to personal advantage nor that of a subsequent client or employer information gained in professional relationship that the client or employer has requested to be held inviolate or that you should recognize as being confidential not accepting work beyond professional competence and less decline

Or employer understands and agrees that such work will be performed by another professional that’s competent to perform the work and is acceptable to the client or employer not accepting work for a fee or even 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 and not directing or coercing other professionals to make analysis or reach findings not supported by available evidence at this point in time I’m going to turn this over to less Pollock who’s going to kind of talk about the practical application of this

Before we get into the scenarios less yes I want to be I think I’m ready I don’t know if I’m being heard I’m waiting for my slides I think the slides are up less okay then somebody will suggest to me how I see the slides can I

Bruce can you suggest that to me are you logged into the website I am logged into the website and I’m staring at everything here I know that I’m my voices I assume my voice is coming through and people can see my screen but I can’t see the

Screen so which makes it kind of hard for you waiter here every time okay all right you should be good now thank you thank you and Bruce just tell me how I advanced this and some Vista and say next and i’ll go ahead and advance it

For you okay thank you so there was a technical dilemma that i had to deal with but what I’d liked it to spend the time here is with the ethic or ethical or moral dilemmas that we have to face in this profession because in essence we

All live in world’s great not black or white we live in a political world whether we like it or not because we serve a political process which is nothing but process that are trying to make decisions against some sensible of a moral checklist that people might die

My people might hold so we have to be carrying out our role in this in the sense of a set of moral principles or basically welcome and standards of right and wrong that prescribe what we on do and and Bruce’s has given us a list of things through the the code of ethics

That begins to lay these the ladies out because planning’s politics we know that some of benefits someone loses and it’s that bet issue that often creates the ethical dilemmas that we have to do and the more complex of community is more constituencies there are the more complex decision process is so it’s real

It’s easier to make decisions in a small town with the simple set of constituencies and it is when a large city with many or in in places where there’s tremendous competing interests next slide please so I hold in a simple sense that there’s really five big rules that we have to

Operate and this is going to be ever robert slogans of everything we learned we learned in kindergarten he’s probably right but here they are in front of us and realizing that if we lie cheat steal or favor we’re probably going to get found out in time and that’s going to

Have adverse repercussions as some of these greater than others so that as any ethical ethical or moral person we have to deal with that and I’d like to think that rather than thinking about the golden rule they often think about the Opera size of that side of that golden

Rule and that’s don’t do anything to others that you wouldn’t want them to do we you so put yourself with the sides of either either set up petitioner or the city and and say it’s not what I want to have done right but you know don’t do

Anything to them that you don’t want to be in a position where so it’s all about being honest and aboveboard and that sounds easy but there are challenges that are always in front of us but you know one of the things that we should really bear in

Mind is the issue that we deal with our normative issues how things should be and nobody has the answer to all the questions that we’re dealing with so one may always doubt oneself and then seek out and take a direction offered by others that may or may not get you into

An ethical twist but because we’re dealing in this normative sense it’s often best I believe to to look back at your own professional training and draw your decisions based upon that and having the ability to be able to to solder the defend those decisions in planning no one is any more right than

The other person if you have a sound basis upon which to render decisions next please so there are two choices I think as planners and they deal directly with the ethical issues one can choose to be a technician to not make decisions to put forward reports to the senior

Planning board that cites the pros and cons with doesn’t cite a recommendation one can choose to say that the decisions are made by the elected decision-makers and it’s not my role my role is merely to provide information if you do that then you pretty much removed yourself from the ethical dilemma because you

Don’t have to make decisions and it’s in the decisions where the ethics are involved but if you’re going to be a professional and you go back to the definition of professional which implies that you are making decisions you will be in the thick of ethical dilemmas and

To be a planner places you in the thick these dilemmas you you may have a boss it says I don’t want you to make any particular recommendations all I want you to say is list the pros and cons but indeed in the in the act of doing that

The way you make your arguments becomes / list those arguments becomes persuasive in one direction or the other so you know you’re really never just a technician in this and I believe that well we’re not about being necessarily being about dogmatic in the directions that you want to recommend our the

Decisions that you want to offer you have to be in a position to to get Americans to open enough to actually create if you will ethically challenged situations where the teaching the discussion and the decisions come up because it was just black and white we haven’t really done our job next please

So I’d like to talk a bit about three sets of ethics here administrative ethics situational ethics and plant ethics administrative ethics are all about how one administers one’s work and if those of you who are listening or just taking orders you still have to have a number of issues to deal with in

Terms of administrative ethics but basically we’re talking about such things is it’s how you deal with personnel hiring decisions promotional decisions relationships with peers relationships with customers or with applicants or relationships with citizens and how we move through that on how we make our our decisions are all

Ethical issues and as we come to the next stage of this presentation we will offer some scenarios which raised administrative ethical questions to deal with and in many respects so so much of the code of conduct that Bruce is touched upon before deals with issues of administrative ethics situational

Ethics is how we respond to the cases that were positions that were put it it deals with how do you you cope with or how do you act in terms of responding from to orders from above that may or may not meet your sense of right or

Wrong or may or may not meet your full understanding of what your your job is or what the requests are being made of you are these two are looked at some of the scenarios meeting management is probably a very key aspect of situational ethics and while the maneuverability and those baits people

Can do that in virus be planning and planning levels have a lot of situational ethics to deal with it the meeting point who questions get answers what is the structure of the agenda how long are things allow to run on the agenda how much information is actually

Presented in a staff report how is that staff report presented each of these can be manipulated if in a way to create a positive or negative understanding of a case before you now it’s not that what it does is purposefully that one decides that they’re going to advocate one side

And the other creates a situation elastic problem in terms of meeting management but unwittingly we often do that and we need to make sure that we are sure to put forward both sides of the issues very clearly and be able to also present the clear understanding of

The case from professional point of view other story of meeting management situational ethnic questions when do I cut off the beta to public hearing how do I know everybody out there is done do I just fail to look around because the gas line the community is still raising

Their hand unless this is something for the 17th time or do I have to answer these these are these are in essence ethical questions whose question do I answer who takes credit for what are all a series of situational ethical questions there are also in that same sense a set of ethical questions

Regarding ministerial decisions that happens for example how does one interpret the zoning or is there a bias and one’s interpretation depending who’s across the counter from you how does how does about argue to make spare change my plan where there’s an application for for subdivision but there’s no site plan

Review and the legalities of the subdivision are really met these raise certain questions that you need to address in your head somebody comes from a variance is a 2-inch side yard variance to it too much to ask is it to look too much to ask where do we go do

We have to have standards for all the decisions we make or cannot be my opinion and if it is my opinion you know am i forced to defend that and should I be defending that in terms of public rationale so there are all these kinds of things that we do in our daily

Professional life that are in many respects situational ethical questions the third category of questions has to do with plan making and it’s in that category that ethics get involved in a different way the first question ethical questions who makes policy while professionals are as I held are supposed

To insert themselves into the planning process of course and and even in the structuring discussion of decisions whose role is it ultimately to make policy when do I back off when to plant Commission decides that they want to go in one direction or the other how long do I keep arguing

That at that point these are these are ethical questions that you have to deal with when you hear policy being pronounced out of these is there a rational basis for this policy or does it appear to be personal desire is there an obligation for you two to be able to

Make that clear in the planning process if a plan Commissioner is taking a strong policy position that really isn’t planning policy it’s ego policy and how do you present that politically and politely to be able to facilitate discussion and recognition of that issue how do you go about making sure that you

Have or have not inserted your own values in the planning process many of us well many of us live in the communities that we work excuse me others of us don’t and we may be there as employees and we may have sets of values that said well I like working in

This town but I really would want to live in this town where how do you you control your values you that that you at you hone in terms of the way you view quality of life and the way the constituency of the community views quality of life how do you strike that

Balance if it’s so if it’s if it’s so of us apart is it time to leave is this just a job or is this a job where your own ethical epics and you’re coming to question as a professional lastly there’s the question of how you present information how do we edit reports how

Do we edit findings how do we structure the plans itself to tell a story in a fashion that makes sure that the interests of the various constituencies who are a part of critical to the community are well represented and well reflected so that the plan itself is a

One sided argument and this brings me to a computing observation that I’d like to make here and then we can move into some scenario discussion and that is I think that we in this day and age are facing a series of challenges and dealing with the continuous evolving and changing

Planning ideas and development trends one of the realities is unless it we all get older and we think the world was faster is that the world seems to be changing more quickly in fact because of the communications media because of the web especially it allows people to secure bully pulpits quite quickly

Without even having to to prove their mortal enemies and begin to advocate for one approach with another approach what creates one’s blog let’s apply to to a system or area where that that that world discussion is carried out in several dogmatic positions about one thing or the other and in our profession

It might be about the role of sustainability or new concepts a form-based code or the advancing the goals and arguments for protection in terms of climate change when they’re there may be people who hold this different positions how do we make sure that what we’re doing is not just right

In terms of our only moral compass but that is really right in terms of the way our constituents view these issues in I successes suggest that there’s a doesn’t there’s an ethics ethical issue here that we shouldn’t be looking at the trends and fads as the driving issue in

Their own right but we need to be able to compare that and bring those back and first principles a plan which is really good balance in the quality of development within the community and that means going back to first principles and asking how do these trends relate to the notion of building

Community connectiveness versus isolation how do these trends assure equity within the community how do these trends allow and encourage choice of lifestyles and people who hold different lifestyles to co-exist within my community and how do these trends help me plan to make sure that I can provide quality of life for the future

Populations so we need to do we need in essence almost an ethical sense think about the kinds of techniques that we come to to applaud and surround and make sure that in our own advocacy and are in our movement to create a better normative situation that we don’t go

Ahead and and put ourselves in the adverse eyes of the plan or situation law ethics and I spoke up before so that brings me to the the end of these comments and first did you want to now handle the scenario issue now I’ll cut this up for the next part of the

Discussion so in my my term is APA president one of the opportunities I had was to travel around and talk to a lot of planners around the country and it was pointed out to me many times the pressures that our members were facing because of the economic situation that

Our country was in and the economic situation that many of their communities or their employers were in and they started to cease them some new issues that they had an experience before arised pressure to alter a recommendation to achieve a win for their employer or community pressure to withhold or alter information to

Influence the decision making process in a way that that might be beneficial to to the economics of the community or the business pressure to find new sources of income to make ends meet as some of them had hours reduced or income reduced as a result of the economy pressure to ignore

A conflict of interests again for economic reasons and pressure to do whatever it takes to keep or get a job as planning departments were scaled back and department budgets reduced as communities suffered the economic consequences of the recession so a lot of of economic based issues that really

Were impacting our members and and raising new ethical questions for them as they went forward and we thought that might be a nice framework for talking about ethics and trying to make them relate to to really what many people are facing today so as less mentioned we’ve

Got some scenarios here I’m going to read through the scenario and then go to go to a set of poll questions that we’re going to ask you all to respond to so we can get a basis for for the interaction that will have around these so in this

Scenario a planning director in a small community receives an application for a rezoning to allow a new restaurant to be built after reviewing the city’s comprehensive plan he determines that staff should recommend against the rezoning he subsequently goes to discuss this with a city manager who suggest to

Him that the community badly needs this development that the new food and beverage tax dollars that would be generated with health the city’s budget and perhaps even the planning department’s budget he suggests reconsideration of the staff recommendation how should the planning director respond and here’s your choices a agree to change the staff

Recommendations be agree to change the recommendation but only if the city manager will commit some of the new revenue to the planning department budget see agree to go back over the analysis of the case and consider a change if it can be supported but make no promises or D refuse to change the

Recommendation because you believe it violates your code of ethics then you want to put up the poll question or the pole yeah and Cynthia you might facilitate this part because you can recall I can’t actually see the the poll results coming in we have sixty eight percent now who sixty-nine percent who voted

Look it up to eighty percent will close the poll so we have about another minute left if you haven’t voted please get your vote in all right we’ll close the poll now so I will share with you the percentage who responded you’ve got three percent said a six percent said be seventy-eight

Percent at sea and thirteen percent said d very good and if if any of you that voted did any of one of those those choices would like to send some comments our way as we’re talking about this as to why you thought that was the case I

Would be happy to hear those and use them to to add to the discussion the kind of talking through these Cynthia and laughs you might want to comment on these only three percent agree to change the staff recommendation and the biggest percentage yeah I’ll take another look

At it but I’m not going to make any promises your thoughts on those responses I’m not real surprised to see this I mean on the one hand but this is probably the rational approach because first of all your boss just tortures go take a look at something so you’re going

To say I’ll go back there and see what I can do about it the challenge is that your your you’ve already now have been influenced the issue the interesting question from the from people who thirteen percent or so that said what I cannot going to change my recommendation

These guys are ready to walk the plank I would presume so what happens is unless people who are different perspectives and I expect that we’d go back there and look at it real hard and I come back the next day and they say you know I looked at it together I I

Just don’t know what I can do it I can’t split the baby in half I mean that’s the issue how much do you back office this question and it rapidly becomes unless you’ve got a better answer you know thing we should do it isn’t this restaurant and this is this restaurant

Revenue we’re really looking for economic development in revenues community let’s messy what a piece of time let’s try this other program so you tend to bring in a counter offer which it shows that you’re thinking as a planner and also shows that there’s there’s these two PS support has had

Notion and I would add the in your response back to the city manager you should cite the specific plan and code issues that support your position and at that point then you could say because I read this this way and I can’t recommend otherwise you know given the fact that I

Feel this is what I am supposed to be doing in my job here is supporting the plans and ordinances that we have approved through our elected officials I think that’s a really important point not in the form of cover but the plan assuming that you can agree with what

The community’s plans say perhaps you the maker of those plans due to the support provided or using the plan is cut you will is an extremely important thing because most often that plan has been forgotten by others it gets immediately forgotten that at the council level and often times it gets

Forgotten at the administrative level where there are other pressing issues such as finding so one of our roles as planners is to be the continuing educator about the documents that and policies that the community has adopted and then what we’re really doing here is trying to carry them out and they’re not good

Ideas and they ought to come back up for reevaluation lsi in fact the you know in the aspirational values educating the public is one of those i also think in you know if you if you believe in the plan that’s guiding your your recommendation your obligation to the

Public in those aspirational values and the way the rules relate to that really call for you to try and you know again look at the long-term consequences of immediate actions and take that into consideration I’m interested that as many as nine percent agreed to change the staff recommendation and six percent

Of those were using to try and leverage more money for their budget which I don’t know maybe you a little bit over the over the edge I can share it oh god I could keep sharing yeah i was going to share a couple of comments one of them came in said a professional

Should always be willing to review their work and another i said that they would want to see as many details as to why staff made their choice and the planning report planning board report could simply state that this use does not coincide with the goals of the master

Plan without recommending one way or the other and that does depend on how your city does things in some places staff are required to make a recommendation in other places they are not we had whimpers go ahead and i just–can saying i think both good comments especially the first one you know the

Scenario doesn’t really get into much detail of how the recommendation was communicated but but really starting to delay that all out would be important to making the case i note that somebody has said can you tell us the answer before moving on no because it is a breakfast

This is the nature of the business the if there was a right and served it I don’t know we would if we would have the ethical issues the fact is everything is great here and I would say that you know from my own personal opinion somewhere

In the combination a C and D is probably the right answer as less pointed out you may very well go back and do the analysis and come back and say I’m sorry but you know here’s the reasons why I can’t change my recommendation but eh but there is a gray area involved here

If we did have someone post a comment saying that they meant to vote see an accident llevo today so perhaps some of those were clicked an error very possible any other observations on this one before we move on to the next scenario all right so scenario to a

Planner for a suburban community has had her hours cut to 35 a week as a budget saving measure she is subsequently contacted by a developer in the region who offers her an opportunity to do some consulting work for his company on the side what would the appropriate response

Be and here’s your poll questions a jump at the chance that says changed we should say chance to make up the lost income so you can cover your bills be tell the developer that you are interested but only if you will not be doing any work that involves the

Jurisdiction you are employed by see felt the developer you are interested but must first get the permission of your employer and dtella developer no because you feel that it would be perceived as a conflict of interest no matter what and then you can open up the pole

Feel like we should have some elevator music playing in the background while this is going on so Ben can I switch over to see the voting from the pole all right so we have poll results people who answered a one-percent people who answered be eighteen percent see thirty-nine percent

And D forty-two percent so we have we have some differences of opinion about how we would proceed on this the other you can question Ben can you give the question up four minutes or so so we all remember what bc of d is interesting a lot more split in this one other than

The jump at the chance question but a lot a lot more spread between the reactions of people would have which indicates more gray area perhaps here and i think it does depend on the community that you’re in the specifics of the developer that you would be

Working with and in some cases you might very well feel that the developer is active in your community and that any work with them would be perceived as a conflict of interest les I’m curious you’re in the consulting business you probably do some work for developers I

Don’t know that for sure but how would you feel about bringing on somebody that that also works for a community that you sometimes work in you think that that that might create a problem in some way I think that if it’s a temporary relationship and that person actually is

Still working in that community you got a big problem yeah yeah we didn’t we didn’t frankly if got in this business to make a lot of money we made it big the reality is we got to keep our hands clean here and we gotta keep our interests well separated and we just

Have their eye we have a policy that except if the city is a vast size but Chicago or the yard or something like that you really can’t can’t get involved get can’t represent both sides of the private moment industry and the and the community and if you if you find

Yourself there you begin to wonder who is your ear constituencies who are you responsible to and I think it’s better to try and keep a separation here then the jump over and if I understand well that there I am both the public and private practice I understand well that

There are very enlightened developers some of those much better planners from the cities themselves but you got to figure out where you sit ethically and professionally that’s a real challenge yeah the issue that comes to mind for me is is even if you’re not going to do any work that involves your jurisdiction

When the developer does come to your jurisdiction and needs an approval you’re you’re in a very difficult position at that juncture and you better have a depth of department and the understanding of your employer that says I’m going to stay completely away from any case that involves that developer

And and even then you know people might be concerned about the influence that that would have on the department’s recommendation it knows one thing about a poignant official plan commissioner something to accuse themselves because its potential toxic but it’s real hard for the employee to recuse themselves

From an assignment you may be the only employee of the city having the knowledge and skills that are needed to do the review that developer brings in welcome yes we do one person asked which answer would be correct on the AICP exam and I think we should clarify that none

Of us I believe served on the committee to develop questions for the exam these were not questions we pulled from the exam they are examples of situations that you may be encountering that we are providing you with things to think about and ways to respond now let’s put the

Exam so long ago that it was a paper exam well that’s correct and people also had a variety of things to say they think that like more than one answer would have been appropriate a combination of them it depends on whether the work would be in their

County or not it also depends on the work of the developer and whether they work in your community a lot or not size of the community people said the variables certainly do depend on the situation one person said it’s not worth the grief they feel like several people

Felt like it would be too difficult to position themselves as not being influenced and that it would damage their professional reputation by creating what was an appearance of a conflict of interest so people had very thoughtful responses and are clear on the fact that it does depend on

The situation that you’re in and how big your community is and where the developerworks yeah that’s those are all great great comments and great observations I think first of all I will say right up front that you know as in working on the poll questions they were

Intended to be gray and to to leave a lot of what-ifs and hopefully create the conversation about filling in the blank on some of those and and I think see in particulars is really interesting they got thirty-nine percent you know the bottom line of see is it may very well

Be that the least no public sector employer would grant the permission in the first place to to work part-time for a developer that does business in your communities that might put it into to that real quickly one person asked for us to expand on the notion of perception

Of conflict well that’s a that’s a good question so I can talk a little bit about how I would see that and you know lesson did you join in please you know I I think sometimes there’s a situation where even though you may know in your

Head and in your heart that you won’t be influenced that you won’t be impacted or you won’t alter the way you think because of an activity that might take place say you go to lunch with the developer and he or she buys you know lunch it’s 10 15 bucks it’s you know

Certainly it’s not going to influence the way I feel but if the head of the neighborhood association in the neighborhood where rezoning cases is in the same restaurant and sees you sitting at the table with the developer and even more so use the developer pay for lunch what do

You think they’ll perceive do you think that they’ll think there’s a conflict of interest there and be concerned about it I think that’s the the the essential elements of a conflict of interest that’s perceived yeah i think the what is called a perceived conflict of interest and facts are facts are facts

Are terrific and everybody wishes that things were judged on facts but they’re really not they’re judged on how people perceive the situation and this is this is the situational ethics question and I think that they have done versus versus example is the best one then you have to

Ask yourself if I put myself in the situation how can the world see me not how can how can the most enlightened people see me but how can the average guy see there maybe if you will account crazy who whoa you can’t do anything right by them but how can the general

People see what I do and make that understand have come to an understanding and that’s something that you in terms of your own internal set of measures have to work with and I think less may have had similar experiences to me given his background but having served on a Planning Commission having service

Consultant in having represented a neighborhood association and then training for planning commissioners the perspective and how things looked my perception was dramatically different depending on which seat I was in and so you have to try and put that hat on and ask yourself those questions from

The public’s point of view as to how it will be perceived I had the question go ahead priority players don’t think for a minute that you have to be all things to all people you can’t be and you really have to be clear clear in your position

That’s that you that you take and that’s going to upset certain people and you have to know going in that what if there are issues involved there’s going to be people who are happy with what you’re saying people who are unhappy with what you can say so therefore you need to

Keep in essence yourself out of situations where those unhappy people can say AHA I knew it all the time was a conspiracy he was working for the other guy and we had one question which I thought was interesting to be discussed here someone wrote I am a consultant but

Serve as the planner in quotation marks boris and small communities and I have wording like see in most of my contracts but it does not happen often but the community often supports it because it may involve something like writing a new chapter of the zoning code to enable something like a continuing care

Community and a developer ends up paying for this work in the community gets a chapter in their code to have for other situations item C allows the net and there’s another person who brought it up but I thought I would put that out there because there are a lot of places where

Consultants are retained as a expertise for the Planning Commission because they’re too small to hire a planner and so how do you balance that well that’s a that’s a hair professional role I don’t think that relates to the kind of question that we we have in this

Scenario but just a comment about that one of the things that we found over time is you can be working for a community in the end the somebody submits an application and it’s a tixen involved review and the communities Lulu have the money the developer will pay

For your review I would suggest the best thing to do is to say thank you very much have a developer pay you pay the town and the town will reimburse me but there’s there’s there’s not a direct relationship between the two of us oftentimes what we’ve done some communities establish escrow accounts

Where the developer actually escrows the money into an account and then that the community hires the consultant to carry out the work so there there is a space between the consultant developer there’s no there’s no money directly being exchanged and in essence what this development the Africans doing is paying

A fee to the city for the review bill I think that’s a great point and I also think the key to to all of this is full disclosure you know he’s the transparency of whatever relationship is out there and why it benefits the community in the public is critical to

To the outcome here we’re ready to move on to the next scenario okay so your scenario three the mayor of the community approaches the city planner and indicates that a friend of his is planning to move a new employer to the community this company will create up to

۶۰ new job you are aware that the site of the proposal is owned by the mayor’s brother and have a concern that the infrastructure the site is not adequate to support the project the mayor strongly encourages staff to support this project how should you respond and here’s your

Choices they agree to a SAP recommendation in favor of the project B make a recommendation and support but with the condition that the developer will have to make infrastructure improvements see tell the mayor that you feel he has a conflict of interest and that you cannot support the project or D

Tell the mayor he have the conflict of interest and should not vote on the project but assure him you evaluate it carefully and develop your recommendation neutrally and so then you can put the Ebola been how many people have answered so far we have 67% voted give it a few more

Seconds so that you all can finish your answers okay then I think we can close the poll so we have one percent answered a 35-percent answered be six percent answered c and fifty-eight percent answered d and so maybe we can get the answers back up on there well the the

Two most popular answers are making a recommendation and support with the condition of the developer improve the infrastructure and tell the mayor he has a conflict of interest but assured him you’ll evaluate carefully and developing your recommendation I would assume that the mayor understands you as a concept

Of interest that doesn’t mean he may not influence the foot but you probably understands these are conflicts of interest and probably will recuse themselves from the process but there there is this notion of persuasion out there because he’s the boss who wants things to go so I think that really what

Maybe most people are saying is I’m going to assume that he’s got a conflict but you know I’ll do my best jab and putting forward proper recommendation yeah the scenario never said that the that the comp plan didn’t you know wasn’t consistent with this use it just said that there’s an infrastructure

Issue so you know the conflict of interests i agree wes is sort of a sidelight and you know you hope the mayor does the right thing there but it probably shouldn’t change the way staff approaches evaluating and developing a recommendation and that’s the thing that’s most important to make clear

We had it some comments and questions one person said that they had a friend fired from a job on this same issue very interesting yeah it happens and you know especially in highly political places you know less in his comments noted that planning is political and it is you know

I’ve always said that planners need to understand politics but it can’t be involved in playing politics because that’s going to get you in trouble very fast but in those environments you you’re very much at risk now one of the realities of our of our profession whether you’re a consultant to the city

Or you’re the client director is there’s going to come a time when it’s time the city decides it’s time to change horses it’s time to change horses because the plan has been around too long and maybe the mayor feels they’re getting they’re getting too influential or they’re just

Mayor’s just get this an example they’re just getting tired of getting poked by this guy who keeps putting stuff in in front of their faces so this this business is not a business of lifetime security and it’s important that as we go through this we built for each of

Ourselves a sense of professional respect because everyone where it’s going to be time for us to go shopping if you will we had another person respond by saying none of the above that the planner may not be in a good position to chastise the mayor on the

Mayor’s ethics and that there may not be a city code of ethics so the planner ends up in a role of referee without City ethics to choose from yeah I think that is best if the thought that that they just need to do their staff work you know as thoroughly and

Neutrally and appropriately as possible and let the let the mayor try and influence the vote however he wants to but but you know perform your recommendation based on the true facts of the case because that’s that’s really where your rep it’s not right and some some people responded by saying that d

Is probably the most realistic answer because you need the ability to say that you are doing what you can to cooperate but it’s not a black-and-white world that was what one person wrote in he does a good point were there any other comments or questions there yet there were yes

Indeed one person responded by saying telling the community CEO that he has a conflict is not smart from an employee’s point of view and does not invent advanced sound planning decisions another person commented don’t wide up cheat etcetera when another person said you can always make infrastructure improvements a condition that the

Conflict issues should be addressed yeah and if you’re in a large enough city that there’s a city attorney you can you can give that person the the dirty job of addressing the conflict question you know that that brings up a more common I’d like to make we live in a litigious

Society when people get them happy Mary Sue it’s a guiding money and in the development business people suit and the planner is in the middle of all of this and you’ve got to be sure that what you can say is defensible in a court of law

If you can show the rationale for your actions and the worst thing you want to do is get twisted up in a set of potentially contradictory type of decision making where you you you become impeached as a witness and therefore in pieces of professional because you weren’t able to show the clear logic

Behind your decisions based upon the type of information and policy documents that you as a plan would be expected to rely upon very point one other person posted that the mayor is not bound by the AICP code of ethics and while that is true when i was on a

Planning commission i suggested that our code of ethics was something that was important for not only the planning commissioners to look at consider a but for the City Council or City Commission to also look at and consider so I think that bringing up the idea that as public

Officials we are bound by a code of ethics will help the community function better rather than people just focusing on what’s legal or illegal because as we all know we’ve been in communities where things might have been being conducted legally but it created a situation in the community that was very conflict

Oriented and made the body not functional so I think ethical behavior helps to enable good planning and good development and progress in the community be I would add to that that the number one most every state has laws with regard to ethics for public officials and so you know we should all

Also and know what our state law is the second thing I would say is that APA provides a set of planning principles for all people participating in the planning process that are not just for AIC p planners and we’ve shared those with our plan commission and DBA and our

City council so that those are in front of them as well now this this creation opportunity to talk about the planner is as teacher and the need for continuing training of members of Planning Commission’s indeed City Council’s people come aboard these volunteer organizations either run for election or

Get appointed and they come in with a set of perception soon what what the world is about and I’m sure that some of you will chuckle when I say how many times have you been asked by somebody what you do and you struggle them explain and they still

Walk away with a blank look on their faces so what the role of planning is but here we’ve got these butchers bakers and in deechi’s who are all on now on members of plant commissions it is important that we make sure that there is a general understanding of how the

Planning process works the obligations placed upon the planner the kind of ethical obligations there that we have the role of the policy documents that they’re creating and the kind of factors they should be waiting in their decisions the more you do that the greater the chances that you remove

These ethical conflicts because the role of the guided plan Commissioner that city council person because understand more clearly their role and how they need to play it we had one other comment a person said my firm learned that the hard way to address learn this the hard

Way to address this sort of conflict at front unless you want to make friends with the FBI good point all right we have one final scenario as we’re starting to get near the end of our time so let’s let’s go ahead and move to that so your mayor is in a difficult

Reelection campaign and you are aware that he is supported by the development community he comes to the planning department it suggests that given the state of the economy and the housing development slow down it is time to lower the city’s development standards he feels that by doing this new

Development will be encouraged and the city’s budget will improve how would you respond and here’s your choices a get the specifics of what changes the mayor wants and process the amendments be suggest to the mayor that this topic be scheduled as a study session with the

Whole city council to see what kind of support exists for the proposal see mayor that such a reduction in standards comes with a long-term cost to the community even though there are short-term gains gains and that the public should be made aware of this suggests a study session to address this

And D tell the mayor he has a conflict of interest because of the developers contributing to his reelection campaign and indicate if you cannot support his proposed changes and then you want to open up the pole but then when we get to seventy or eighty percent of the people responding

We can go ahead and close the poll one thing I would like to add while we’re waiting for everyone to get their votes in several people have asked questions in relation to the AICP exam this session is not a prep session for taking the exam there are webinars and

Other online resources for doing preparation for the exam and I was just that you look at those if you’re looking for that kind of information this is a continuing education credit so we have the poll results in here we two percent answered a twenty-nine percent answered be 67% answered see and two percent

Answer to be very good so I most people are in the you know get them to share it with the whole city council and and have a conversation the you again think about the aspirational values and the expectation that we educate and that we think about the long-term consequences

Of short-term gains you know see you sort of jumps out I think a lot of people saw that then can we put up the response options again please thank you bless any thoughts on this one well you know oftentimes we cities tend to put issues like this in the table of making

Things more affordable and at times that’s really neat what happens this is this is one of the I think that when the greatest challenges we have because the political process operates in such a short term it’s two years or four years depending how your how your community

Works and so when when we say we’re really worried about 20 years out or so and the mayor he’s got a budget to fix it for the next year and he’s got a whole term of office for years to get himself set up if he wants to run again

Or through the right click this creates probably one of the most substantial challenges I believe that we have in our business because we are truly if you were operating on a timeframe that’s different than the rest of our society here this is this is where it takes some

Of the most profound argument the point of the planner to be able to show the decision-makers the cost of trying to resolve something in the short term and in certain ways that are our best offense when we have this kind of issue because very often it’s a lot easier to

Make certain immediate changes make certain immediate adjustments so that our cost of operation from the next year or two are down and and where you see this headed as a plan are headed in the wrong direction you got to go back and you’ve got to say the cost of doing this

Over the over X number of years and the impact upon on our revenue structure and at our budget structure really is going the wrong way I mean this is this is this is the national issue that we’re having right now on so again the best defense that we have here our offense

That we have here is to employ the policy documents that we have in place especially if capital improvements program that looks out over time to force the decision-makers to at least confront the implications of making short-term decisions to their to their community over the long term you’ve got

To put that mirror up to this because nobody else is going to do this under the plan I have some comments I could share quickly before we wrap up here one person wrote in some communities do have standards that exceed what is necessary that changes may actually be something

Would be better in the long term but that it should be driven by the City Council in the community not just the developers another person answered see but they would also want the council to be involved with the study session session as well as the public and one

Person responded by saying vote for the other mayoral candidate in the election so any further thoughts on on this before we finish up here but my only thought is I think the we go back to the idea also that that you know as planners it’s our job to to enact the policy and

Direction that our policymakers in our community set so i think the comment that you know this should be discussed and decided by the city council as a whole community input is a very good one I cincy do we want to go back to to your PowerPoint for the clothing slides on on

This yes the band if you could do that while while we’re getting to those closings live I just like to thank all our participants for so so actively engaging with us it’s really I think made this work well well having trouble getting it to switch over to my

Presentation here so I have the final information for you about how to access the website well do I I could bring it up here as well you want me to do that yeah why don’t you do that I think maybe I’m frozen up I had that that problem we

Are practicing their PR all right so so is everyone seen the slide that says does the new norm well that’s the beginning of the presentation we need to be yeah I switched through so Ben are you able to get us to the position that we would like to be in to share the

Information from the website well we can read it off to you and we can also post the the presentation will be saved so you can go to ww planning org slash ethics ethics code dot HTM and you will find information there also in terms of specific questions regarding a situation

Arising in your practice you can direct those questions to the ethics officer at that same address and then we have our contact information on the last slide as well and our email addresses Ben are you able to put that up yeah I’ll put it right now thank you

All right there’s our information and how soon does the presentation up here archived been do you know um it’ll be up in a week hey yeah what I would like to thank everyone again for participating and I would like to thank Bruce and less for all of their work and sharing of

Their experience and insights into the ethical dilemmas we basis planners and take a look at the website that shows future webinars that you can participate in and thank you again for attending all right thank you for the great presentation Thank You Ben for those of you who are still in

Attendance I just want to go through few reminders first off to log your CM credits for attending today’s webcast please go to planning org slash cm select today’s date I very first and then select today’s webcast this will be available for 1.5 ethics credit and also we are recording today session so you’ll

Be able to find it on YouTube all right thank you the organizer has ended this session and this

ID: cfyQaydv2QA
Time: 1359751888
Date: 2013-02-02 00:21:28
Duration: 01:30:07

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