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Texas
City Management Association Code of Ethics with Guidelines
as adopted by TCMA in
April 1984 and with TCMA Board approved revisions through January 2008.
On April 27, 1984, the Texas City Management Association (TCMA) adopted the code of ethics, guidelines, and rules of procedure of the International City/County Management Association (ICMA). Further, TCMA believed it to be in the best interests of its members to not only clarify the applicability of the code for its members, but suggest types of behavior best conducive to truly professional relationships. Therefore, TCMA approved on June 7, 1987, the following language, which although not a part of the ICMA/TCMA Code with Guidelines, is nonetheless considered important from TCMA's viewpoint for its members to be aware. In 1998, TCMA adopted a slightly different set of enforcement rules that apply to TCMA members only. These enforcement rules were modified again in April 2005 and January 2008 by TCMA to address jurisdiction and initiation of procedures matters.
Every member of the Texas City Management Association shall be voluntarily governed by the following ethical principles. These principles, which comprise the Code of Ethics, establish the fundamental ideals considered essential for professional conduct as a member of this profession. It is not intended that this Code or its related guidelines address every situation which may arise among its membership rather, it is envisioned that each member, regardless of position, will rely on the ideals embodied in this Code to lead them through uncertain situations.
Behavioral Guidelines to Professional Relationships
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A member should strive, as appropriate opportunities arise, to enhance the credibility of a colleague with the colleague's council, staff, and community.
- A member should share knowledge and expertise with a colleague that would aid the progress of the council policy development process.
- A member should provide, whenever possible, important information to an associate so as to increase the likelihood of a sound decision.
- A member should exercise discretion in using confidential information provided by a colleague.
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A member should appropriately recognize another colleague's work.
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Each member should take an interest in the career development of associates and subordinates and ensure sufficient opportunities are provided from which their professional needs can be met.
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A member should advise, when appropriate, colleagues when approached about the colleague's performance by the city council.
- A member should encourage, through appropriate organizational channels, that the city manager selection process within their community is undertaken in a professional manner.
Texas City Management Association
Code of Ethics with Guidelines
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Be dedicated to the concepts
of effective and democratic local government by responsible elected
officials and believe that professional general management
is essential to the achievement of this objective.
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| 2. |
Affirm the dignity
and worth of the services rendered by government and maintain
a constructive, creative, and practical attitude toward urban
affairs and a deep sense of social responsibility as a trusted
public servant.
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Guideline
Advice to Officials of
Other Local Governments. When members advise and respond to
inquiries from elected or appointed officials of other governments,
they should inform the administrators of those communities.
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| 3. |
Be dedicated to the highest
ideals of honor and integrity in all public and personal relationships
in order that the member may merit the respect and confidence
of the elected officials, of other officials and employees,
and of the public.
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Guidelines
Public Confidence. Members
should conduct themselves so as to maintain public confidence
in their profession, their local government, and in their performance
of the public trust.
Impression of Influence. Members
should conduct their official and personal affairs in such
a manner as to give the clear impression that they cannot be
improperly influenced in the performance of their official
duties.
Appointment Commitment. Members
who accept an appointment to a position should not fail to
report for that position. This does not preclude the possibility
of a member considering several offers or seeking several positions
at the same time, but once a bona fide offer of a position
has been accepted, that commitment should be honored. Oral
acceptance of an employment offer is considered binding unless
the employer makes fundamental changes in the terms of employment.
Credentials. An application for employment should be complete and accurate as to all pertinent details of education, experience, and personal history. Members should recognize that both omissions and inaccuracies must be avoided.
Professional Respect. Members
seeking a management position should show professional respect
for persons formerly holding the position or for others who
might be applying for the same position. Professional respect
does not preclude honest differences of opinion; it does preclude
attacking a person's motives or integrity in order to be appointed
to a position.
Reporting Ethics Violations. When
becoming aware of a possible violation of the TCMA Code of
Ethics, members are encouraged to report the matter to TCMA.
In reporting the matter, members must submit a written and
signed complaint. The complainant may choose to have his or
her identity withheld from the respondent.
Confidentiality. Members should not discuss or divulge information with anyone about pending or completed ethics cases, except as specifically authorized by the Rules of Procedure for Enforcement of the Code of Ethics.
Seeking Employment. Members should not seek employment for a position having an incumbent administrator who has not resigned or been officially informed that his or her services are to be terminated.
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| 4. |
Recognize that the chief
function
of local government at all times is
to serve the best interests of all of the people.
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Guideline
Length of Service. A
minimum of two years generally is considered necessary in order
to render a professional service to the local government. A
short tenure should be the exception rather than a recurring
experience. However, under special circumstances it may be
in the best interests of the local government and the member
to separate in a shorter time. Examples of such circumstances
would include refusal of the appointment authority to honor
commitments concerning conditions of employment, a vote of
no confidence in the member, or severe personal problems. It
is the responsibility of an applicant for a position to ascertain
conditions of employment. Inadequately determining terms of
employment prior to arrival does not justify premature termination.
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| 5. |
Submit policy proposals
to elected officials; provide them with facts and advice on matters
of policy as a basis for making decisions and setting community
goals, and uphold and implement local government policies
adopted by elected officials.
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Guideline
Conflicting Roles.
Members who serve multiple goals—working as both city
attorney and city manager for the same community, for example—should
avoid participating in matters that create the appearance of
a conflict of interest. They should disclose the potential
conflict to the governing body so that other opinions may be
solicited.
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| 6. |
Recognize that elected
representatives of the people are entitled to the credit for
the establishment of local government policies; responsibility
for policy execution rests with the members.
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| 7. |
Refrain from
all political activities which undermine public confidence in
professional administrators. Refrain from participation
in the election of the members of the employing legislative body.
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Guidelines
Elections of the Governing Body. Members
should maintain a reputation for serving equally and impartially
all members of the governing body of the local government they
serve, regardless of party. To this end, they should not engage
in active participation in the election campaign on behalf
of or in opposition to candidates for the governing body.
Elections of Elected Executives. Members
should not engage in the election campaign of any candidate
for mayor or elected county executive.
Elections. Members share with their fellow citizens the right
and responsibility to vote and to voice their opinion on public issues. However,
in order not to impair their effectiveness on behalf of the local governments
they serve, they should not participate in political activities to support the
candidacy of individuals running for any city, county, special district, school,
state or federal offices. Specifically, they shall not endorse candidates, make
financial contributions, sign or circulate petitions, or participate in fund-raising
activities for individuals seeking or holding elected office.
Running for Office. Members
shall not run for elected office or become involved in political
activities related to running for elected office. They shall
not seek political endorsements, financial contributions or
engage in other campaign activities.
Elections on the Council-Manager Plan. Members
may assist in preparing and presenting materials that explain
the Council-Manager form of government to the public prior
to an election on the use of the plan. If assistance is required
by another community, members may respond. All activities regarding
ballot issues should be conducted within local regulations
and in a professional manner.
Presentation of Issues. Members may assist the government body
in presenting issues involved in referenda such as bond issues, annexations,
and similar matters.
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Make it a duty continually
to improve the member's professional ability and to develop the
competence of associates in the use of management techniques.
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Guidelines
Self-Assessment. Each
member should assess his or her professional skills and abilities
on a periodic basis.
Professional Development.
Each member should commit at least 40 hours per year to professional
development activities and ethics that are based on the practices
identified by the members of ICMA. New members must attend
ethics training within six months of joining and current members
must attend two hours of ethics training every year to maintain
TCMA membership.
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Keep the community
informed on local government affairs; encourage communication
between the citizens and all local government officers; emphasize
friendly and courteous service to the public; and seek to
improve the quality and image of public service.
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Resist any encroachment
on professional responsibilities, believing the member should
be free to carry out official policies without interference
and handle each problem without discrimination on the basis
of principle and justice.
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Guideline
Information Sharing. The
member should openly share information with the governing body,
while diligently carrying out the member's responsibilities as
set forth in the charter or enabling legislation.
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Handle all matters of
personnel on the
basis of merit, so that fairness and
impartiality govern a member's decisions pertaining to appointments,
pay adjustments, promotions, and discipline.
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Guideline
Equal Opportunity. All decisions pertaining to appointments, pay adjustments, promotions, and discipline should prohibit discrimination because of race, color, religion, sex, national origin, sexual orientation, political affiliation, disability, age, or marital status.
It should be the members’ personal and professional responsibility to actively recruit and hire a diverse staff throughout their organizations.
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Seek no favor; believe
that personal
aggrandizement or profit secured
by confidential information or by misuse of public time is dishonest.
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Guidelines
Gifts. Members should not directly or indirectly solicit any gift or accept or receive any gift—whether it be money, services, loan, travel, entertainment, hospitality, promise, or any other form—under the following circumstances:
- it could reasonably be inferred or expected that the gift was intended to influence them in the performance of their official duties; or
- the gift was intended to serve as a reward for any official action on their part.
It is important that the prohibition of unsolicited gifts be limited to circumstances related to improper influence. In de minimus situations, such as meal checks, for example, some modest maximum dollar value should be determined by the member as a guideline. The guideline is not intended to isolate members from normal social practices where gifts among friends, associates, and relatives are appropriate for certain occasions.
Investments in Conflict with Official Duties. Members
should not invest or hold any investment, directly or indirectly, in any financial
business, commercial, or other private transaction that creates a conflict with
their official duties.
In
the case of real estate, the potential use of confidential
information and knowledge to further a member's personal interest
requires special consideration. This guideline recognizes that
members' official actions and decisions can be influenced if
there is a conflict with personal investments. Purchases and
sales which might be interpreted as speculation for quick profit
ought to be avoided (see the guideline on "Confidential
Information").
Because personal investments may prejudice or may appear to
influence official actions and decisions, members may, in concert
with their governing body, provide for disclosure of such investments
prior to accepting their position as local government administrator
or prior to any official action by the governing body that may
affect such investments.
Personal Relationships. Members should disclose any personal
relationship to the governing body in any instance where there could be the appearance
of a conflict of interest. For example, if the manager's spouse works for a developer
doing business with the local government, that fact should be disclosed.
Confidential Information. Members should not disclose to others,
or use to further their personal interest, confidential information acquired
by them in the course of their official duties.
Private Employment. Members
should not engage in, solicit, negotiate for, or promise to accept
private employment, nor should they render services for private
interests or conduct a private business when such employment,
service, or business creates a conflict with or impairs the proper
discharge of their official duties.
Teaching, lecturing, writing, or consulting are typical activities
that may not involve conflict of interest or impair the proper
discharge of their official duties. Prior notification of the
appointment authority is appropriate in all cases of outside
employment.
Representation. Members should not represent any outside interest
before any agency, whether public or private, except with the authorization of
or at the direction of the appointing authority they serve.
Endorsements. Members should not endorse commercial products by agreeing to use their photograph, endorsement, or quotation in paid or other commercial advertisements, whether or not for compensation. Members may, however, agree to endorse the following, provided they do not receive any compensation:
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books or other publications;
- professional development or educational services provided by nonprofit membership organizations or recognized educational institutions;
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products and/or services in which the local government has a direct economic interest.
Members’ observations, opinions, and analyses of commercial products used or tested by their local government are appropriate and useful to the profession when included as part of professional articles and reports.
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