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Summer Reading: The Ethics Challenge in Public Service
Tuesday, September 17th, 2013
Robert Wechsler
I recently read the latest, third edition of The
Ethics Challenge in Public Service: A Problem-Solving Guide by
Carol W. Lewis and Stuart C. Gilman (Jossey-Bass, 2012). This is the
second most popular text used in Public Sector Ethics courses,
mostly in Public Administration programs. Most of the book deals
with issues other than conflicts of interest, but it has some
valuable things to say about the topic. I have included some of
them, including some quotations, in this post.
Lewis and Gilman tie government ethics to "the tragedy of the commons," which Wikipedia defines as "the depletion of a shared resource by individuals, acting independently and rationally according to each one's self-interest, despite their understanding that depleting the common resource is contrary to the group's long-term best interests." The authors describe it as the ability of personal self-interest to destroy what they call the "common-pool resources" that government is supposed to protect.
This view emphasizes the problematic nature of institutional corruption. While one official's personal interests are hardly going to strip a community of its common resources, institutional corruption can create an environment where a community not only wastes a significant proportion of its resources, but also loses the trust that holds a community together. This loss of trust can have huge ramifications on the community, both in terms of its business prospects and in terms of the emotional state of the people who live and work there.
Too often, public administration ethicists put all the weight of government ethics on each government official's shoulders by focusing on ethical decision-making. Lewis and Gilman realize that this is not sufficient. "Although self-sufficiency may be popularly admired, it is inadequate in a head-on collision over contending ethical values and principles." It is also inadequate when dealing with most conflict situations.
Many officials say that they can deal with such situations by using their common sense. Lewis and Gilman recognize that this too is insufficient: "common sense is only as virtuous as the decision maker's character and only as useful as the situation is simple." What is needed is neutral advice, especially from a trained ethics adviser.
Lewis and Gilman point out that an ethics code can be especially valuable to government employees by preventing pressures on them from above. The authors write, "Clear ethical standards give public employees more workplace self-rule by ensuring that they know the standards to which they will be held accountable. This limits the pressures supervisors and political leaders can put on public employees to act in ways contrary to the code." (p. 198)
With respect to annual disclosure, Lewis and Gilman cite Supreme Court Justice Breyer, who "commented that as much as he hated filling out the required annual financial disclosure form, it was the single best way he knew to remind him of his ethical obligations and vulnerabilities." (p. 207)
Lewis and Gilman recognize how important talk about ethics is, but also how sensitive employees are to "the flow of real resources." Employees know that priorities are set in terms of spending. When little or no money is spent on an ethics program, this sends the signal that it is not important. To show commitment to ethics, a government organization needs to invest staff time and dollars, and to build ethics into daily routines and expectations. There is an excellent exhibit on page 259 listing 13 techniques for integrating ethics into agency operations (click here and search for "techniques for integrating").
Some Valuable Quotations
"In its best form, [the appearance of impropriety] standard reciprocally obligates the public to be informed." (p. 78)
"An apology is a retrospective on ethics." (p. 129)
"Unfortunately, most public agencies do not expend the effort to use codes to spark an ongoing ethical dialgoue that makes raising ethical questions in the normal course of business an everyday occurrence." (p. 203)
"A manager's treatment of subordinates sets the tone for the organization and models appropriate behavior to subordinates." (p. 250)
"It is only when a 'we-they' line is drawn around the agency, and public employees forget that the 'we' extends to the public, that the team ethic undercuts public service ethics." (p. 254)
"[A]n ethical organization is the core of what we understand public service to be in democracies." (p. 257)
"The widespread institutionalization of the merit principle shows that we can transform the way we do everyday business." (p. 260)
"Responsible managers try to reduce temptation through routine procedures and controls." (p. 269)
Robert Wechsler
Director of Research-Retired, City Ethics
---
Lewis and Gilman tie government ethics to "the tragedy of the commons," which Wikipedia defines as "the depletion of a shared resource by individuals, acting independently and rationally according to each one's self-interest, despite their understanding that depleting the common resource is contrary to the group's long-term best interests." The authors describe it as the ability of personal self-interest to destroy what they call the "common-pool resources" that government is supposed to protect.
This view emphasizes the problematic nature of institutional corruption. While one official's personal interests are hardly going to strip a community of its common resources, institutional corruption can create an environment where a community not only wastes a significant proportion of its resources, but also loses the trust that holds a community together. This loss of trust can have huge ramifications on the community, both in terms of its business prospects and in terms of the emotional state of the people who live and work there.
Too often, public administration ethicists put all the weight of government ethics on each government official's shoulders by focusing on ethical decision-making. Lewis and Gilman realize that this is not sufficient. "Although self-sufficiency may be popularly admired, it is inadequate in a head-on collision over contending ethical values and principles." It is also inadequate when dealing with most conflict situations.
Many officials say that they can deal with such situations by using their common sense. Lewis and Gilman recognize that this too is insufficient: "common sense is only as virtuous as the decision maker's character and only as useful as the situation is simple." What is needed is neutral advice, especially from a trained ethics adviser.
Lewis and Gilman point out that an ethics code can be especially valuable to government employees by preventing pressures on them from above. The authors write, "Clear ethical standards give public employees more workplace self-rule by ensuring that they know the standards to which they will be held accountable. This limits the pressures supervisors and political leaders can put on public employees to act in ways contrary to the code." (p. 198)
With respect to annual disclosure, Lewis and Gilman cite Supreme Court Justice Breyer, who "commented that as much as he hated filling out the required annual financial disclosure form, it was the single best way he knew to remind him of his ethical obligations and vulnerabilities." (p. 207)
Lewis and Gilman recognize how important talk about ethics is, but also how sensitive employees are to "the flow of real resources." Employees know that priorities are set in terms of spending. When little or no money is spent on an ethics program, this sends the signal that it is not important. To show commitment to ethics, a government organization needs to invest staff time and dollars, and to build ethics into daily routines and expectations. There is an excellent exhibit on page 259 listing 13 techniques for integrating ethics into agency operations (click here and search for "techniques for integrating").
Some Valuable Quotations
"In its best form, [the appearance of impropriety] standard reciprocally obligates the public to be informed." (p. 78)
"An apology is a retrospective on ethics." (p. 129)
"Unfortunately, most public agencies do not expend the effort to use codes to spark an ongoing ethical dialgoue that makes raising ethical questions in the normal course of business an everyday occurrence." (p. 203)
"A manager's treatment of subordinates sets the tone for the organization and models appropriate behavior to subordinates." (p. 250)
"It is only when a 'we-they' line is drawn around the agency, and public employees forget that the 'we' extends to the public, that the team ethic undercuts public service ethics." (p. 254)
"[A]n ethical organization is the core of what we understand public service to be in democracies." (p. 257)
"The widespread institutionalization of the merit principle shows that we can transform the way we do everyday business." (p. 260)
"Responsible managers try to reduce temptation through routine procedures and controls." (p. 269)
Robert Wechsler
Director of Research-Retired, City Ethics
---
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