TCMA Code of Ethics

Scenario: The city manager wanted advice on how to handle various requests for his assistance from the local committee working to retain the council-manager form of government. His questions were:

Would it be appropriate for the city manager to contact the local public television station to encourage the station to air ICMA’s video "Good Government at Work?"
Does Tenet 7 prohibit a member from making a financial contribution toward a retention effort?
On Election Day, can the city manager work at a polling place and carry a sign urging support for council-manager government?
Is there a problem with managers from other communities participating in a phone bank to urge voters to support the retention effort?

There is a specific guideline for Tenet 7 on "Elections on the Council-Manager Plan." It states: "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."

The city manager should feel confident about contacting the local public television station to encourage the airing of a video about council-manager government. Videos and other materials that describe council-manager government can be helpful to a community in understanding some of the myths and realities that come up in the heat of a campaign to change the form of government.

One way many ICMA members and others who support council-manager government can provide financial support is to contribute to organizations like the ICMA Fund for the profession. The ICMA Fund for the Profession has a broad mission and contributes to a number of local government committees each year that seek to retain council-manager government. It also funds broader projects that are supportive of professional management. Tenet 7 prohibits contributions to individual candidates for office but is silent on the question of financial contributions for ballot issues or other causes.

The guideline does not provide specific advice on what a manager should and should not do on Election Day. The question of working at a polling place may be more of a political issue than it is an ethical one. In any case, whatever the manager does throughout a campaign on council-manager government should be done in a highly professional way. The spirit of Tenet 7, which emphasizes the value of presenting issues and answering questions, should guide the manager.

The same philosophy applies to the question of working on a telephone bank. How would the city or county manager’s elected officials view such an activity? Would they begin to see the manager as more political than professional in his or her demeanor? If so, the activity should be avoided.

Scenario: The town manager was offered a job from a company that recently moved its headquarters to her community. During the negotiations with the company prior to its relocation, the town manager developed a good relationship with the firm’s leaders. Although months have passed since the company made its move, the town manager realizes that her acceptance of this job could still be controversial, and wants to minimize any ethical concerns. She has mentioned the job offer to the mayor and will inform the other members of the town council if she decides she wants to accept the position.

Response: Public officials face criticism when they take a job in the private sector if there is a perception that the official may have received this favor in exchange for pushing for costly financial incentives for that company. Another frequent criticism is that the public official may have taken the private sector job too soon after negotiations were concluded. Citizens may believe that the town manager knew that she would get a lucrative job offer if, in turn, she pushed for financial incentives that some people criticized as too costly to the community.

It’s important that public officials avoid discussions of future employment with any company while they are conducting negotiations on behalf of their local government. Some communities have adopted a "revolving door" policy that prohibits any public official from doing business with the city for one year after leaving public employment. Should the town manager accept this position, she should carefully consider whether or not enough time has passed and if the new position will require her to conduct any business with the local government. She should be prepared to answer tough questions, such as when the first conversations about prospective employment occurred. Most communities do not want to discourage public officials from making a career change but do want to ensure that those officials serve the public’s interests at all times while they work for the local government.

Scenario: The city manager was delighted to learn that she was the top candidate for a job in another community and wanted to talk about how to handle the next steps. The city council already has mailed her an employment agreement, and she has made arrangements to visit the community with her husband next week. The terms of employment look good, and the only remaining question is how she and her husband would feel about living in the new community. She wanted to know when she should inform her current elected officials and what would constitute an acceptance of the offer.

Response: Once the manager has accepted the position—verbally or in writing—she will want to inform her current city council immediately. Although there is no provision in the ICMA Code of Ethics that requires members to inform their current employers on any particular timetable, there can be problems if members delay. Elected officials might hear about the manager’s new job from another source. In fact, the manager’s current employers might even read about the job offer in the newspaper before the member has decided whether or not to accept it.

When the manager and her husband visit the new community, she may want to let her current mayor know (in confidence) the purpose of her trip. As an employer, you would want to hear from an employee you supervise directly that he or she may be leaving, rather than learn this information from an outside source. Reporters pride themselves on ferreting out the names of finalists, particularly if a council has extended an offer to its top candidate. The longer the member takes to make a decision, the more likely it is that the news of the job offer will leak.

A second important consideration is to be clear with the prospective employer that she cannot accept the position until she and her husband have had a chance to visit the community. It is important to resolve any family concerns about a move before accepting a position. The Code of Ethics’ guideline on appointment commitment makes it clear that a verbal acceptance of a new position is binding.

Scenario: The town administrator asked what would be an appropriate role tor him to play regarding a mayoral recall petition circulating in the town.

Response: It is inappropriate for an appointed administrator to play any role with a recall petition, regardless of the administrator's personal views on its merits. The administrator may respond to any questions of fact that may arise but should keep as much distance as possible from such a highly political matter.

Scenario: The administrative assistant has one more week of classes before she completes the requirements for her master’s degree. She is preparing her application for an assistant city manager position and wants to know how to present her educational credentials.

Response: The guideline on credentials is unequivocal: "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." The assistant may list her expected graduation date or the date when all course work will be completed. She also could include this information in her cover letter.

Scenario: A business leader from the community where the member once served as city manager has called to enlist the member’s help on a delicate matter: how to sandbag the potential appointment of a local elected official to a state commission. The member and the business leader agree that this elected official would be a poor appointment, as she is disruptive on the city council and often embarrasses the community. The business leader wants the former manager to write a letter of "nonsupport," outlining what a difficult person this elected official can be. The member wants to do the right thing and feels that it may be his duty to let the state officials know about the elected official’s character flaws.

Response: Although this request may be tempting, the member should politely decline. The former city manager cannot write such a letter without causing political turmoil in his former community. It would be inappropriate to get involved in any political fray involving the member’s former bosses, particularly without discussing the issues with the current city manager.

Scenario: The assistant county manager had responsibility for economic development issues and recommended approval of a controversial noise variance to allow a company to work 18 hours a day to expand its headquarters building more rapidly. A number of citizens were angry about the variance and appealed it (unsuccessfully). Now the company has approached the assistant to see if he would be interested in applying for a top administrative position with them. He asked if there was a conflict of interest in applying for the job.

Response: Because the position is administrative, the assistant would not have any responsibility to appear before the county or to lobby in any way. "Revolving door" ethical problems tend to occur when a former local government employee is either in a lobbying position or making other efforts to influence local government employees or officials. There do not appear to be any ethical conflicts in applying for this internal management position. The assistant may see an unflattering comment or two in the newspaper from the disgruntled citizens if he is hired, but that is beyond the scope of the ICMA Code of Ethics.

Do you have a question about TCMA's Code of Ethics? If so, please submit your question by e-mail to the TCMA staff.