Title:اخلاق برای برنامه ریزان

۱۹-۰۸-۲۰۱۱ ارائه دهنده: گراهام بیلینگزلی این وب‌کست فقط برای مشاهده در دسترس است، برای اعتبارات AICP CM قابل استفاده نیست. این جلسه نوید جالبی را می دهد زیرا برنامه ریزان امروزی با معضلات اخلاقی زیادی روبرو هستند. مروری بر منشور اخلاقی و رفتار حرفه ای AICP به همراه شرح اصول اخلاقی، قواعد رفتار و رویه های شکایت اخلاقی ارائه خواهد شد. سخنران جلسه موقعیت ها و سناریوهای اخلاقی “زندگی واقعی” را به اشتراک می گذارد. در مورد موقعیت های اخلاقی که همسالان شما در منطقه و بر اساس ملی با آن مواجه هستند، بیاموزید.

قسمتي از متن فيلم: Good morning welcome to our afternoon depending on what time zone you’re in welcome to the western central chapters ethics for planning today’s session will be instructed by Graham Billingsley fai CP of the Orion Planning Group I’ll give a quick introduction well let me go through my slides here and just do some

Housekeeping items for help during the broadcast you can type a question to Jennifer Cowley in the question box on your GoToWebinar menu Jennifer Cowley is not in attendance this morning but it will say her name Brittany will be assisting us today so if you’ll address any questions to her that would be great

If you’re having technical issues there’s an 800 number that you can call this is also available on your screen in the box to the right all participants are muted to submit questions please type them into the question box and the questions will be passed to the presenter actually throughout this

Presentation so Graham will give you a little bit more instructions on that when he begins his presentation there will also be a short survey following the presentation that we appreciate you filling out for us so we have feedback from today’s session for resources a PDF copy of this presentation will be

Available on the Utah APA website that will be available as well as a recording of the session beginning on about monday and again where the sponsoring chapter for this presentation so please visit our website as well the w2 iming central chapter APA org there are a number of chapters that participate in these

Webcasts to provide free continuing education credit and they’re up on your screen and I’d like to let you know about some upcoming webcasts on sep tember eighth will have the Economic Development Division presenting what economic development planner should know about eco industrial development on sep tember 16 mil be successful developer

RFP processes the do’s and don’ts on October seventh there will be the Wisconsin chapter presenting using GIS to through planning decisions part part 2 and october fourteenth they’ll be mobile technology distracted attention and pedestrian safety at the end of today’s broadcast you can claim your credits on

The planning org website you can select either by activities by date or by the title will be under the western central chapter and today’s date is August nineteenth a fix for planners this is eligible for 1.5 CMS for ethics and those have been approved so with that I’d like to introduce today’s presenter

Graham Billingsley is currently a partner with Orion Planning Group has significant experience covering almost 40 years of practice he was educated in planning landscape architecture and architecture and his practice in all three fields for 23 years aggrandize in the public sector first his chief planner for urban design with the city

Of Dallas Texas in that position Graham was responsible for the areas of urban design historic preservation as well as numerous neighborhood planning efforts Graham left Dallas to become land-use director for Boulder County a position he held for 18 years he had responsibility for our Department of 57 employees in four divisions which

Included planning building safety inspection services GIS and Resource Conservation grandma’s developed land use codes conducted studies or projects in comprehensive planning economic development downtown revitalization demographic and economic analysis opinion surveying landscape architecture architecture historic preservation urban design process management and a plethora of other things he’s acted as an expert

Witness in numerous land-use legal cases and he’s also spoken extensively on planning issues and ethics at national and state conferences Graham is a previous past previous president of the American Institute of Certified planners the professional Institute of American Planning Association so among his other many accomplishments Graham is probably

The one of the most authoritative people that we can have present today on the ethic so with that Graham I will go ahead and share my screen with you and turn the presentation over to you All Right see and we see your screen welcome everybody glad to see you’re all

Dressed comfortably and sitting tentatively this is always a little difficult to do in this manner below um you know we can through through this technology my hope is that you will feel free to raise a lot of questions and I will respond if I can’t pepperell pull

Me out all and say something yourself so with that the agenda for today is to go quickly through the ICP cut ethics and professional conduct this is something that when we first instituted this mandatory ethics requirement for the for certification maintenance we spent a lot of time on because we discovered a lot

Of people had looked at the code for quite some time often since they had taken the exam at this point all of you’ve been through this in the last couple years or you just took the exam so you’re familiar with it so we’ll just touch on a couple things I’m going to

Touch a little bit on some ethical codes and other professions to show how it works and what comparable and then I’ll get into some scenarios again I don’t have any great desire to go through all of my scenarios although they’ve all come up in epic sessions that I’ve done

Around the country so they’re all actually real and well I assume they’re all real and they were all about someone’s friend who was in that situation um and questions as I said please feel free to which questions up at any time and we’ll get to them so that takes several quotes is were

Compiled by Dwight Miriam some months back we did an epic session particularly like Mark Twain’s quote a lot of ethics really is common sense you’re facing somewhat marginal ethical issues fairly regularly in your jobs with your public sector private sector or whatever the problem with ethics and

As all of you know when you’ve taken the exam or gone through the training is that it is almost never black and white and usually there’s a ability to discuss both sides to a point some things are ethical problems to an individual because of the culture in which they

Were raised the religion on others because they have a very well refined sense of right and wrong in their profession but a lot of the issues we face aren’t all that clear-cut the other thing is that legally we have an obligation be aware of local at the

Experience most states have some form of ethics legislation most of it has to do with money in it then most of them deal only with elected and appointed officials but still it’s something that you need to be aware of so the AIA has a code of ethics it has a fairly similar

Set of principles and structure compared to ours but it is a little bit different perspective because it is a profession is mostly just private sector and that’s one of the struggles that we’ve always had and then we have a real variety of backgrounds in aicp public sector

Private sector academia and all of these have somewhat unique ethics situation it’s hard to write a set of standards rules of conduct etc that cover the whole field hey gram for gram yes I’m sorry to interrupt you um we have a couple of participants who are not

Seeing the screen so if you could pause for just a second I’d like folks to type in in their question box if this is isolated to just a few or if everybody is and if it’s everybody that’s not able to see your PowerPoint slides so participants yeah there are there are

Quite a few that see the screen so let me just arrow up here to the name of the individual so they can’t see it grant Davis you might need to do some troubleshooting on your end because apparently it looks like everybody else is okay so sorry to interrupt Graham no

Not a problem i wanna make sure i’m not just talking into thin air I thought my second thought so AI a code ethics obligations are to public client profession colleagues and environment these what they call cannons and a big part of it is balancing that confidential client communication with

Other obligations and and one that they added a few years ago with fairness in competition with the other with other architects the SLA code of professional ethics also has a similar structure and also has a more of a private sector perspective as a code does they have a

Much greater emphasis on on the environment environmental justice is Lola throughout their their code of ethics um and their public sector employment is addressed principally just through conflict of interest items and they talk about honesty dignity integrity and fair dealing which is something that we don’t address it directly but indirectly we engineers

Same sorts of considerations they’ve they’ve added a very strong sustainable development set in their in their code of ethics which show which I was really glad to see and so it is interstate them from time to time to take a look at other professions and see how similar

The RNC may be where they forged ahead in some areas like the engineers did with sustainable development and maybe we should think about catching up to for a icd of course we’ve got the code of ethics that you’re mandated to require to follow and we also have ethical

Principles for all people involved in planning and those are on APA’s website welcome so if you’re since most AICD folks talk about the ASEP code ethics it’s helpful sometimes to go look at death achill principles for all planners so the our code of ethics is divided in three sections aspirational those are

The things that we would like to reach providing it’s a perfect world it’s easy for some reason we’re not in that perfect world yet as much as planners try rules of conduct are the 26 rules it cannot be violated and lead to disappoint or action if they are and

Then since we’re planners we’ve got half the document which is procedures which is typical why I’ve done this session I’ve done anything sessions a couple of times with ministers and their common as that they it only takes it only took them 10 rules and we’ve got 26

But you know we explained it for planners um tell our overall responsibility to the public a primary obligation serve the public interest and I think most planners have a fairly strong sense of that a desire to represent the public to work for and serve the public interest they have that

Responsibility to our clients and employers and our responsibility to our profession and colleagues something that I think a lot of local chapters have done a very good job of promulgating and those were aspirational goals as I said aspirational but when the fertile code was originally written these were all

Combined but practical application was difficult for someone as we all move over there were fairly strong it was a fairly strong sense that the rules of conduct were those that just had to follow and if you fail to adhere those rules then usually lose your certification in the end unless you can

Make amends last year verb yeah i think it was 2010 towards it in the spring we adopted a rule 26 which some of you may not be made with if you haven’t looked at good ethics recently the problem came up because we had had some aicp members

Convicted of crimes and though we got in a little bit of luck discussion about with them and their attorneys about whether or not that in itself was enough to have us remove their credential and so this rule was created to make thanks there the procedures you can you have

Pretty good access to the national office farmer one of his uh folks will be glad to give you a informal advise suggest places to look for solutions those kinds of things and then there’s a formal ruling in which you request that a AAA ICP take action against someone

Who you feel has violated a code of conduct most violations are very wide range of things a serious crime I mentioned before we’ve had felony convictions for taking bribes that’s pretty clear-cut issue of the serious crime one of the things that one of the reasons it took a long time to get that

Role passes we had a long discussion about whether a serious crime whether felony was automatically a serious crime and we determined that that wasn’t the case for example a small amount marijuana is a felony it may or may not have anything to do with your ability

And your ethical conduct as a planner if if you’re if you’re caught so we changed it to serious crime and serious crimes our murder rate taking bribes those sorts of things the coding procedures goes into how to file a charge how their investigative prosecuted how the resolve

That sort of stuff the formal advice can only be given by the ethics officer which is Paul Farmer that executive director that advice is finding he has to make that finding within 21 days that man is forwarded to the Ethics Committee this committee appointed by the ASEP

President they can agree with the ethics officer amend that finding or overturn it once that decision is made there is the ability to appeal that and a appeal board is is convened in the state in which that member lives for looks if you go to the web page you’ll see this

Report and it goes I think the last three years so we had a fare increase in two thousand eight and nine in cases to last year they dropped off i don’t know the status this year it will be interesting to see so with that I have a number of

Of scenarios and then go through but as I requested earlier any of you have any pressing matters or you have something that you’ve always thought was a difficult situation and you wanted to share that and get my thoughts on it um don’t feel free but I’ll go into some of

These and and give you what my two cents was when they were raised with me so you you’re a new planning director and city manager informs you that the mayor is up for re-election and there’s an opportunity to help the mayor’s re-election campaign the city manager says that he’ll be using his personal

Time and helping them and would you like to accept the city manager’s invitation to accompany them and help out this was raised by a planning director incurred a dozen years or so ago and this is one of those in which it’s it’s difficult to find a particular rule in our code of

Ethics that is specific to this however it comes up through the concern about appearance of a conflict of interest this was a rather common situation years ago playing directors were often hired and fired based on changes in city council or mayor’s there are still a number of planning directors and usually

Major cities there directly by the mayor and so in those situations as a playing director you’re already tied to the mayor and so I think that’s a little different situation if you’re in a community in which you’re hired by the city manager and they probably expect you to be an objective

Party of weighing pros and cons of applications and amendments to plans and regulations then once you’ve stepped into this even if you’ve done on your personal time you end up becoming tied to the politics of the city and I think you would lose the public’s sense that you’re an objective professional

There’s a couple of questions that come up do APA members have to adhere to a code of ethics no APA members do not aicp members to anybody can belong to a PA pay your dues asep however does require so there’s another question from Katie agency work for with seeking tax

Increase to support increased services are doing a lot of promotion ask us to talk with friends and family about it somewhat similar to snare laid out I know in some states Colorado where I’m from you are you are not allowed to talk about any valid issue election or tax

Increase or anything of that sort during work hours and if you talk about it when you’re not at work if you talk about on your personal time you cannot represent yourself as you know I am the planning director and I happen to think this is an important thing to do if something

You know out to do in Colorado I know some other states have some similar regulations again I think this gets back to the question of how is the probably perceive it I don’t think it would be an ethical violation provided you didn’t use work time or your work cell phone to

Do these sorts of things it kind of depends I think on whether you’re talking to your next door neighbor who you know / / a barbecue and these and they’re asking you what do you think of this and you give them your opinion as to as opposed you going to a shopping

Center at a rally and speak for this it gets that gets a little more confused so I don’t think it’s a violation of ethics provided you distinguish your roles clearly I do think that there’s a possibility that it will affect how the public perceives you personally but this

Is a difficult thing for planners we work in a very political world to ignore the politics of these things I think it’s a it’s a problem so you got to balance that you sure certainly have the right as an individual to speak your mind on these things but you have to understand

What the possible consequences are grandma had the request from somebody that you speak up just slightly look so if you don’t mind oh don’t thank you no problem it looks like we might look you then go ahead i was gonna say it looks like we have quite a few questions so

We’re starting to get some and I’m I don’t mind going to those but let me throw a couple out there I think there was a question earlier whether these were mostly public or private sector issues and scenarios and I tried to divide them I’ve worked in both areas so

I think it’s important and this is a this is a private sector issue as a consultant you’ve been hired by a wireless phone company a process a new antenna array through a local government review on your site busy discover a zoning violation not directly related to your application and you handle this um

This is actually a case and it’s a it’s kind of a tough one the first thing you have the since you have an obligation as a planner to the public interest if you think the zoning violation is it exists you have some obligation to do something the solution there so there’s several

Things you could do one is you could go to that local government and say well i was going to process just for my client but this is only violation which i’m sure you you would eventually notice and hold us up on so you know what take a first that probably doesn’t serve your

Client very well so those suggestion on this is that what you would do is you would tell though the phone company in the cell phone company about this and tell them that you’re fairly convinced that it will end up costing them a lot of time and money to get into the process have

This discovered and then be put on hold so that they should deal with the issue if they can through their contract negotiations with property owner good responses there’s a situation actually depends on how the questions asked the hell answer you get to a certain extent so I was hired to to

Review a development for a government agency the planner who did the plan for the development I asked after the draft was completed they’d reviewed those recommendations those those recommendations of changes that I had already sent to the client that consultant who did that plan then called

Me and asked if I’d be willing to join him in pursuing an RFP for an unrelated job well the question is would this be ethical and by have any thoughts looks like barb said no not ethical good the question is that one in climbing I think if you’re if you’ve

Completed your recommendations but the project isn’t complete then you know this could proceed could be perceived as a conflict of interest you know there’s a concern here that that consultant is asking you this in the hopes of when that when actual final is as complete you will have changed your mind that I

Don’t think in most cases that would occur but that would be the concern the the facts in this case were we were reviewing a city plan in Saudi Arabia for a new city the consultant was out of Kuwait and the request came because they saw in what we had done an ability to

Deal with the issues that were brought up through this SAR feat for a comprehensive plan for a nut for a city somewhere else in the least and this was one that the struggle was a bit so the solution of this was to put it off till the that first contract was completely

Done and then pursue it afterwards but when I talked to a number of associates and friends about this they were pretty mixed most felt it wasn’t an ethical problem but if you did because of that appearance issued graham we had somebody chime in that they missed the answer to the question

About identifying the zoning violation okay sorry the the answer that was to inform your client the cell phone company um tell them that the cost and time and money could be fairly significant if they got partway through the process and then the local jurisdiction discovered design in violation so the suggestion was that

They threw their contract negotiations or the property owner get that taken care of tell them they had to remove it or else day we find it a different property and that’s actually what happened there’s another private consulting scenario most consultants expect a certain amount of marketing to be done

By all of their employees larger firms have their own marketing branch but still there’s an expectation and I as a small firm you’ll spend a bit of time trying to I guess market is the best word for it spread the word about our abilities capabilities all that sort of

Stuff but this is a woman in Indiana raises a session I did there she was called in to her supervisors office and was admonished because marking had had said it she had not once in the last six months bought lunch or any other meal for any of the potential public sector

Clients with whom she had met so how do you respond to this situation in which the code of ethics makes it fairly clear that you’re going to create an appearance a conflict of interest the fu as a consultant are buying public sector officials or planners of meals you

Well that’s a tough one on my advice was that she inform her boss about the code aicp code of ethics give them a copy of it tell them that it creates this situation and see what happens and of course the problem is if you holds stick

To your guns you may lose your job or you may not get promoted or you may be given crappy work assignments whatever but I think one of the things that I’ve learned in my several decades of practices if you gain respect from your potential clients for being ethical

Being honest and upfront it bodes well in the long run that sometimes is difficult for people who are not professionals in our field to understand because their job is to sell it’s not quite as bad as madmen that’s it’s still there Graham I noticed a good question

From one of the audience that said that they what can be done about a planning consultant who represents himself as a ICP when he isn’t he used to be but is no longer he still uses his aicp credentials on correspondence and application submittals this happened at a previous place of missus can anything

Be done about this do you like to address that question yes this comes up a number of times each year I’m afraid half a dozen or so these every year the thing to do is to inform aicp and they will send a letter telling them to immediately cease and desist as I said

To it this comes up fairly often usually what happens is that a phone call from from Paul Farmer puts an end to it but if it doesn’t follow up letter talking about the penalties will because once you if you’re not a ICP then you’re not in violation of the code of ethics so

This isn’t a code of ethics violation this is a different legal situation and damages can be requested in a civil suit so AI seats free serious about this and I know just this year there have been a couple of these have come to my attention one was an FA ICP person who’s

Been sending out emails upset that the had his credentials taken away just because he wasn’t a member anymore um so it’s a fairly straightforward usually fairly quick process but if you’re aware of it inform aicp I agree with false statements at the public sector planner should be declining these lights offers any way

They should if however it’s been common practice in that town and they’re not a ICP they may look forward to lunch ever do you see any others first sorry hackers right so I do another one of them I was on mute you know there were a couple of follow-up to some of your

Earlier scenarios let me just kind of go back here and pull one on the cell phone example if the client didn’t take your advice what would the code of ethics require of the consultant resign from the job tell the city-county other and then there was another one related to

That that wanted to know that after you inform your client is is your obligation of an aicp over at that point oh well the first one is a question of if your client doesn’t take advice I guess that kind of relates to the second one too

And this has come up when I thought about this one before there is a question of how far do you have to go and that’s that’s in a broader sense something that when its face a lot I work for Boulder County Colorado for many years the principal driving goal

For that for that county is to keep what’s currently there there it’s a preserve and conserve approach so development is generally discouraged we said no ninety-five percent of the time the comprehensive plan and the inner gullible agreements with the city’s assume that all the development that was requested would be shoved

Towards those cities and developed and that the population the county went from two hundred thousands of 300,000 over over a 15-year period become the cause of that goal but at the same time as as a bay ICP planner I have certain obligations for social justice for example the cause of the policies

Affordable housing was not something that’s that very practical in the county still I felt it was my obligation to make points that would advance affordable housing wherever possible understanding that a lot wouldn’t happen now that’s in the broad conceptual planning framework in this particular case how far do you go when you tell

Your client there’s a zoning violation they’re going to probably get in trouble and it’s going to cost them a fair amount if they don’t get this rectify there a bottom line sort of organization so it would be very unusual that they not follow your advice in this case but

If they didn’t didn’t um there’s you could have formed them that you intended you intend to make this known to the local jurisdiction in which case my guess is you would lose your contract and that then of course it makes you feel very good dinner might be more of a

Problem to buy but but that would be of course the perfectly right thing to do but once you’ve raised the concern then I think you have taken care of most of it now if it it gets more complicated if through that process the local jurisdiction doesn’t discover the zoning

Violation and there is a and it’s a violation that may be safe looting local street you know so you’re going to have to weigh how egregious this violation is and what do you think there’s a real danger to the public if it’s a home occupation it’s got two employees instead of the regulations

Only allowing one you’re going to have to decide you know how important is this to you and of course as I said early on you know 40 minutes ago or so these things are never black and white you can take a black away approach which would

Be yeah you you’re going to have you’re going to have to tell the local jurisdiction if your client doesn’t feel it but most people will weigh the pros and cons discharge some of their responsibilities which is to inform your clients problem and that’s taken care of

It and I personally would be fairly come from a little that although I know there are people who would argue with me about that did they answer both of those questions do you think I think so grandma the game or follow up on questions offshore pass them along to you

All of a sudden I’m not hearing you are you speaking no I’m not else some other questions sorry that’s okay we have one individual that’s having some audio problems so I trying to do a little bit of a troubleshooting check there there’s a question about when you’re a staff

Person the director as a ICP and uses it but the assistant director did not base path AIC pianist old other staff not to use their at CP your aicp you should use it and I would be surprised in that situation getting a lot of trouble if

The director is using there I think it’s very important for the public to know you’re asking one of the things that I did when I was in the public sector as I I gave copies of the AICP code of conduct to my elected officials and Planning Commission court of adjustment

So that they had some idea of what I and my all my aicp staff had as a coat of code of conduct and that sort of stuff and I think so I think it’s important as a professional that you advertise the fact that you are recognized in your

Profession you’re certified and it there are obligations to come go along with that if you don’t use your aicp people don’t know that and of course if you do know it most people don’t know that aicp means anyway but some do and would you take the opportunity to educate people

As to what aicp planner is and what that means then I think it goes a long way so I would always use it I don’t fit to the lunch question I don’t think it matters if you being lunch in for the whole planning office or just one individual I the intent is

The same to gain some influence then this of course food at Christmases is one of those common issues everybody deals with I had a there was a brief time when I worked in in dallas in which it was all refused sent to the shelter and that’s a good solution but most of

My public sector time if anything came in it was available for anyone in the office including the public that happened to be there so if we’d get a cheesecake from a consultant like Christmas here we go out in the lobby a staff could eat he hit all we can eat it whatever

Okay I’ll go on to another one and wait and see if the if we got some more questions so for this has some relationship to the ones issue but for many years of local retailers giving a 15-percent discount for all municipal employees that’s their way of giving

Back to the community and now that retailers in with an application to expand and wants to ends request a waiver of impact fees playing directors husband is a deploy and a retailer and the director and all the staff members are recipients of the discount so what

Does the town do in this situation since they had allowed this to go on and actually this is not all that uncommon or at least it used to be uncommon when public employees have a little more respect from the public the principal thing you have to do here is just he

Transparent state what’s going on explain that this was a universal thing it wasn’t singing left in the individuals the staffs are the staff is professional the Planning Commission is a it’s going to ultimately make a recommendation or a decision here and City Council’s going to make that ultimate decision and they will not

Affect how they act in their capacity another one has you’ve been promoted run your agency and you had to hire your replacement which you did the mayor had been on vacation they came back to town calls you and tells you not to hire the person you’ve already picked to replace

You once the you tell the mayor he tells you to find that person what do you tell the mayor some of it depends on the sort of government structure you have if the mayor is a strong mayor and you don’t have a city manager the mayor can actually fire that person so you’re

You’re kind of stuck there but my advice in these cases always is that you’re there to do a professional job you have hired the first you think best so you’re going to stick to to your decision and take the consequences from the mayor that he may want to dish out there’s a

Question about whether it would be a violation for a public sector planner in one jurisdiction to represent an application and jasons history jurisdiction either pro boner for fee i had a applying director from found in Jason County not County I was director in represent a neighborhood group on an

Application in front of us and I I saw no no electrical problem like question how he was able to do his job full time and also represent the private sector clients but you know the bar meetings were in the evening and he did a fairly good job representing on my so I don’t

Think it’s an ethical problem if he comes in and talks a lot about the fact that he’s the Planning Director its own so and this is the way they did it there and this is the way he you know then that’s that’s getting a little bit in a great

But just being a consultant who also happens to be a public sector planner in one jurisdiction I don’t think that’s an ethical problem okay you’re a planner in a small community 25 miles from the next community as a of a population of over 500 your downtown businesses are

Struggling are closing and the recent loss of a significant employer threatens community vitality and stability through a broker friend you find out Walmart’s picked up the option on a large parcel just outside your town you’ve seen the negative effect of walmart has had on small independent businesses and other

Similar communities and you can plug in a different name than Walmart if you want and you can anticipate it will likely cause several businesses Bluenose owned by the mayor and two planning commission members to false so what do you do um again this goes back to the your

Obligation you need to tell people what you know now the mayor planning commission members may do something silly once they have this information but you shouldn’t have accepted this information from your broker friend without them knowing that you would you would make this information now new

Yourself I don’t think can do to do anything in particular other than make your city aware of the situation and graham there’s the follow-up comment from a gentleman that said you know you’re to do you know nothing it’s not your job to anticipate a scenario that

Has not happened yet let it play out and then deal with the facts well it’s that that’s a one product I think that works very well but on the other hand if you are aware of something I think it’s important that you inform others who may eventually be affected if the scenario

Does play out instead of waiting then you’ve got the problem of having known and not told anybody that you anticipated this might occur can you decide to build a new house and you have carefully selected the Builder once you moved into the house you experienced many problems and cannot get

Them resolved later in the year the Builder applies for a zoning change not on your property one of your commission members asked you about your opinion of the Builder what do you say well in this case this gets back to what’s it mean to be a professional your

Personal problems with the Builder have nothing to do with requests for the zoning change you may be leery as a person as to what that builder will eventually do on that property and whether they’ll be you know trying shortcut things and that’s that’s sort of a problem but you’ve got to look at

The standards within your code determine whether or not the application meets those standards and then make sure you have the enforcement mechanisms within your code to deal with problems that may come up later now of course once the zoning change occurs that builder may sell to somebody else may never be

Involved again so I think your response to the commission member is that your personal opinion of the Builder isn’t really relevant to this and and go on from there and of course anything you say will imply something if you’d say you’d rather not talk about it they’re

Going to assume there’s a problem if you say that my opinion doesn’t of that person individually doesn’t have any bearing on this they’re going to assume you have a negative idea but I think it’s important to make it clear to that commission member and anyone else that

The zoning change stands on itself not on the individuals who are involved in the request I like fatties response tell the truth so always tell the truth except when it’s going to get in trouble but don’t tell a lie how’s that for advice there’s a question about being an appointed

Official of a local lanius board that’s advisory to the Local Planning and Zoning Commission and ask whether you can serve as representing for an applicant before the pnc on a pending application we had a situation a number of years ago in which one of our planning commission members was the head

Of a little league and and they came the literally came in to ask special use approval for a new ball field complex he recused himself and then came down off the diets and went to the podium and spoken fair of the application the next meeting the Planning Commission passed a

An amendment to their bylaws saying that if blank missioner refused themselves they had to leave the room and couldn’t partake in in any way with any in any aspect in front of them for application to a certain extent the that could still that difficulty that the uncomfortableness that the Planning

Commission field could happen here I would suggest very best if it’s someone that the local plan Zoning Commission knows and I would assume they would since they’re being advised by this land use poured that they not be allowed to to have any involvement on any application in front of the Planning

Commission as a representative of that application or actually up in opposition to it now this gets tricky if the Planning Commission remember tap happens to live next to a use that is in front of the Planning Commission you know zoning change or a special use or something like that to then not permit

Them to speak is a bit of a difficulty our advice was always to get their spouse or a friend to speak they could advise their neighbors what to do and and what to say when they got there and that sort of stuff but our Planning Commission was very strict about it and

Would not let that person speak even in that situation I’m going through some of your questions so there’s another scenario a part of your job you review home occupation permits over the weekend your spouse tells you that her best friend just started a new home based business for

Which this person is not submitted an application nor have you reviewed it how do you handle the situation well getting a divorce and that was exactly how the person asks that question any thoughts on this one if you have any questions the type of men exactly where you’re

Typing the question how should you send them in so this is a really tough problem but I think you’re it sometimes you have to divorce your personal life from your professional life I know some planners who would of taking their profession and put it in a higher

Priority in this particular case I think you could suggest to your wife that she might mention to her best friend that you’d be much better off coming in and applying for this instead of getting caught which create a problem but personally I would probably not pursue

This there is a comment or question here about Commission chairs an engineer who represents clients and applications to the planes on commission this is just bad or is it just small town interactions that are bound happen and one of the one of the problems that we deal with as planners

In small towns as everyone does know everybody see you you have to really consider those differently if you require that you’re planning commission recuse themselves if they have an interaction with the applicant in sometimes you wouldn’t have a forum left because they’ve all done that so what

You hate what you have to do is determine based on on how small community it is and not small just in population but how much everybody knows each other the most important thing is to get on the record what you what your relationships are as fine commissioners

To whoever may be a truant para neighbor they’re a member of the elks club that you remember up their part of your church any of those kinds of things and that you feel that you can make an objective decision even though this person is an acquaintance if it’s a

Relative then if you probably have to recuse them and if it’s just somebody you see in church every couple of months that’s not an issue but it the gray area is how well do you know them and do you really believe yourself that you can make an objecting decision regardless of

Your relationship with them and so I think that’s the most important the worst thing is to not admit these relationships and have whoever’s upset about find out later and then challenge the city this is going to create this could create some potentially significant damages for the city itself

The application can be overturned mother by the courts because of that so there’s a number of things to consider here but it is a very difficult thing to balance in small town grandma could you repeat your answer on the home occupation scenario one of the participants miss that well I said my

Personal position on that would be that I I would suggest to my to my wife to my spouse that she and former best friend that you could get into a lot of trouble and so she should apply but otherwise I would just leave it at that if it

Continues to operate our business and not the and not apply I my personal life is more important than that now my assumption would be that if I run a pretty good if the city has a fairly good operation soon earlier this will be discovered and having worn my spouse of

This eventualities might help a little bit but it’s an impossible scenario so let’s see officers of an organization attend a board meeting of an affiliate organization at which time they indicate there is nothing to report regarding a recommendation that is a direct financial interest to the second affiliate organization officers are

Called away to a conference call at which time they discuss the recommendation there were no confidentiality requirements in the agenda and the staff reports and other meeting materials were included in the record did the officers breach the code of conduct in relation to the second affiliate organization by not divulging

An issue of interest to the board of the second affiliate organization before a recommendation was discussed and more importantly before was acted on while Dan that’s a that’s something else nothing like Ohio since there was no confidentiality requirements and all of the information was included in the record i would say

That there’s no breeze to conduct in relation to the second affiliate organization it should have been obvious in the record now it should have been done it should have been stated there’s no question in my mind about that but since the information was available and the fact that people don’t read the

Information in front of them I think it’s not enough ethical problem so it may be a difficult situation after the fact when people get upset because they weren’t aware there’s a another one from Martha an elected official for a local government had a number of behind closed doors

Meetings with a powerful against this matters are powerful but global developer large landowner the meetings were known and reported on in the press although the details are unknown to the planning staff or the public until they read it in the press I assume eventually the elected official announced an accord

About the developer transferring many acres of lands in the mist Valley as a conservation area he returned for approval of a plan for a new large community in an area that would normally not be permitted to develop at that density because it is outside the designated growth management area for

State law the official directed planning staff to create the necessary documents to apply to the state for relief from the state laws to allow this development the official is clear that this deal with the developer was allowable because the creation of the new conservation area was a significant benefit to the

Public so planning staff work as directed or ask recommend a more delivered if process well real estate negotiations in most states are covered with confidentiality the results here probably isn’t the first thing that buying staff should do is probably talk to their city or county attorney there

Which this is if that attorney says that it’s legal then I think you go forward even if personally you feel it wasn’t cricket and maybe personally you don’t think it was legal but that goes back to one of the earlier scenarios how far you have to go I think you’re you’re

Obligated if you have any concern to seek out the best advice you can and that usually is a your your attorney the one who represents your community if that attorney says no he doesn’t think it’s legal then you can you turn the whole situation over to them and let them deal

With it if they say yes they do understand how the elected official interpreted this and they agree with them in your kind of hamstrung now even if you think that’s an error interpretation there’s a question following up on the home occupation one if you’re aware of it you don’t say

Anything are you subject to losing your aicp technically yes I guess you would be if someone recorded you is knowing about it and not having done anything of course why that person would know about it and not just report the illegal occupation is a it’s another question

But I don’t think that the given that scenario with the relationships I think use a certain amount of confidentiality you can have with your spice with your spouse so I would not worry about losing your aicp over that there’s a question your consultant to immunise belly on a controversial issue

The administration changes and takes a different position on the issue that you feel is wrong your contract expires is not renewed can you now take a poet position against the new policy on this issue on little confused here I would assume that you already gave them your

Advice that this is wrong they hired you to give your professional opinion on a controversial issue that also I would assume is public record I don’t think that it’s going to serve your professional future well to make a big stink about the fact that this unity did

Not follow your advice and I think that even though your contracts expired you need to make sure that you follow the letter of that contract if it does not exclude you from speaking out publicly about your findings uh then I think this is a decision you have to make it

However a turn changes you from an objective third party given advice to an advocate and I I question whether you would do that ethically I don’t think it’s a problem provided you do it in a professional manner but personally I would not do that I would just be really irritated and eat it

What do you do when it’s insinuated that you will be well taken care of with a zoning change the bride was implicit my response was to rescue myself in the process and notify the plane director and the intermediary of my assessment of the implicit offer lehren II was that I

Was prepared to recommend the change prior to the offer I well you still recommend the change because that was your professional recommendation we had a situation in balance in which this same sort of thing happened with the building official and when he told the he told the police chief about it and

They set up a sting operation and and to care that so that was kind of an interesting situation but I think you think your idea is right you tell your superiors about it but your recommendation is still your professional recommendation and you shouldn’t change that and accepting invitations to evening

Parties hosted by consultants in my city they often invite many planners involved in development review firstly I just never went to any of them I would gage and go to parties hosted by consultants at the National Conference or even had a state conference in which I knew there

Were a lot of other planets from other jurisdictions going there but now that’s it that’s a tough one and and I do a fairly hard line myself ethically it’s not an issue unless you give the appearance that you’re favoring that consultant because of that and you would

You would typically stay away from that surveying that sort of thinking anyway because any hiring decision you’re involved in to be an objective based approach with criteria for selection of consultant than that kind of thing I like their the response from John doctors tell people lose weight all the

Time they may choose not to do it does the doctor make public announcements calling his clients fat they don’t generally make a public announcement calling a specific client fat but they do they do at times talk about the fact they have too many fat clients and the

Clients can take it pro they want but I think that’s a good analogy to the question about whether the city has changed administration changed direction of whether you should then call him out on it later we’re down the last seven or eight minutes and I am fairly well

Fairly much wrapped up here grammar there was a comment earlier about the scenarios being our cane and it depends on who you work for public or private and I would disagree with that I having worked 24 years in the public sector and 15 years in the private sector I think

The obligations are pretty much the same the scenarios if you’re hit with our are different often but your principal obligations to the public interest and how are you going to serve that of course it you have to make some business decisions about how strict you want to

Be about it and I have personally turned down a number of potential clients because I because in my investigation and my question of them I have found out that that they don’t didn’t have the same ethical standards I did they weren’t necessarily looking for the best product

To go in the place they were thinking of and so I said no and they you know there are other consultants who could handle that so it didn’t feel like I was leaving them in the lurch but it’s a tough one and it’s it’s it stuff from

The other perspective to in the public sector we often put in situations that you don’t realize you’re in until it’s are already on top of you so I I don’t know what to tell you except that i’m very pleased live professionals that I deal with most of the time and I think I

Have gained more respect of professionals of planners over my career as opposed to losing respectful so Graham we had one how individuals submit the same question twice come she’s a consultant planning consultant for a small jurisdiction in her area and she reviews all the building permits and

Land use permits to reviews plans from lots of lots of architects contractors and engineers at surveyors etc she needs some may need some work done on her fixture at home in the future does she have to use someone that she’s never reviewed she’s struggling with ethical versus reasonable yep I I think it’s

Fine to use somebody you review i ah off and went to my building inspectors and asked them who the best farmer was or who the best electrician was an agency give me two three names I think it’s best if you can talk to two or three of

These people at one time so that your then selecting the person you feel will do the job best for you and I would and I I would suggest that if you hire one of them you make it clear right up front that this can have no impact or

Influence whatsoever on any future play nsany be submitting that you’ll have to review but I think for you to go out of town to find somebody is not reasonable so again I think a lot of the times ethics comes down to how you handle it not necessarily what you do but how you

Do it so again I think in this case it’s reasonable why are these people you of course as advantage of knowing how good a job they do from what you’ve been reviewing but I also think it is important that you did you not just pick one and the others then would assume

That you’ve got something maybe you’ve got some favoritism there but instead pick three or four and and interview them all and then select from that fool Graham we have a really good question i think speaks to the last section of the code which perhaps you’d like to take

The remaining time to address and and basically the connection is that or the question is that in the case about the home occupation if you choose not to say anything to preserve relation relationship and if a complaint were issued with the AICP would there be mitigating circumstances considered by

The reviewing entity or with the AICP just be taken away and i think it might be good just to talk a little bit if you don’t mind about what the process is if someone does file a complaint yeah if someone files a complaint then there’s a vestigation during that investigation

The planner who’s under scrutiny is interviewed asked to give their side of the story oh I hate to say this but we have on a cage I know on occasion people had a grudge and and Smith a complaint related to that garage instead of real situation I know it’s the only way

There’s an interview that goes on a lot of questions the the report the that the paul farmer or his predecessor creates it has created on these things is fairly thorough when the AICP Ethics Commission gets those both sides of the story are there many gating circumstances are always considered when

Action was taken and i was i was present for four year for you know for two years but served that four year term of president-elect and past president i was familiar with all of these actions that occurred and we did not hear after action was taken that they felt they had

Been mistreated I think as because the ultimate decision comes down to a board of practicing planners who have all been in or familiar with certain situations those MIT again mitigating circumstances weigh heavily in that final decision so no I it’s a hassle when somebody files can point you have to go through that

Process it may get dropped after 15 minute conversation where they ask you p but you know we still think that’s the best thing to protect the interest of a ICP but I would not worry about cut and drive decisions great Thank You Graham so much we’re pretty much at the end of

Our hour and a half I’d like to thank everybody that attended today my thanks to Graham for doing an excellent presentation and answering so many questions and presenting so many different scenarios to really get people thinking about how to apply the code of ethics in their everyday practice and

I’d like to thank Brittany for joining us today and help you set this up and run tests and do all kinds of things in the background that folks here today probably were not aware of incidentally I neglected in urdu myself at the beginning of the session

My name is pepper McClenaghan on the PDO for the western central chapter Graham if you could send the screen back to me i will post up the information on how to log credits again I apologize it we didn’t get to quite everybody’s questions but I think they’ll probably

Be other opportunities to pose those and it’s all good I’m trying to send it back but it’s spinning okay I’ll just let me see if I can just forcibly accosted from you okay I think it did okay so up on the screen now you should see a slide

For how to log your credits and if you have any questions you I’ll go ahead and give out my email address if you if you’d like to address some questions about if you’re having difficulty finding either the PD of the PDF of the slides the recording of the slides or

Logging your CM credits you can contact me at pd t wo that’s Papa delta-tango whiskey Oscar @ yahoo.com and again I think everybody Graham do you have any parting comments no thank you very much listen and I’ll get this PowerPoint presentation up I’ll send it off in the

Next few minutes so if anybody missed any questions or confused flat it’ll be there thanks for all the really good questions and comments they were much appreciated thank you everyone oh and this will end the session

ID: RT1AkUNgCOg
Time: 1344101970
Date: 2012-08-04 22:09:30
Duration: 01:31:10

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