2014_1112_Ethics Packet - Laserfiche WebLink

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trust in a fair bovernment that is not beinb used b�- officials to enrich their business associates. The principal way of dealing responsibly with a pre-existing conflict is to withdraw froin participation in a matter where the official has a special relationship with someone involved. Withdrawal means not only recusal or abstention from voting, but also not discussing the matter with colleabues or others, publicly or privately, not making a call or sending an e-mail explaining one's position on the matter, and not making a speech to a community organization or talking to the press about the matter. Other conflicts are created by events. For example, a developer seeking approvals from a zoninb board invites a couple of zoninb board members f'or a lonb weekend at his Caribbean home. Or a contractor off'ers work to the accountinb firm of a commission inember while the commission is overseeing the contract. Or a government official asks a subordinate to enter into a business transaction with her. In these instances, it is not enough simply to withdraw from the matter. The question is whether the gift, the work, or the transaction must be rejected, and whether or whom to alert about the offers. An official who does not seek ethics advice before soliciting or accepting a gift, a job, or a transaction can cure the violation only by turning himself in to the ethics commission and acceptinb the sanctions it imposes. Dealinb responsibly with conflict situations is the central act in bovernment ethics. The rest of a govermnent ethics program revolves around this act: training and advisinb officials how to deal responsibly with conflict situations, requiring the disclosure of information relevant to conflicts, and enforcing the ethics code when officials do not deal responsibly with their conflict situations. Misuse of Office Another wa�r to look at conflict situations is in terms of misuse of office. Every official temporarily holds an office or position in a government, which is supposed to be used solely for the benefit of the coinmunity. When an official uses his office for the benefit of himself or someone with whom he has a special relationship, this is a misuse of office. It is this view of ethical misconduct that underlies basic conflict provisions such as the Cit� Ethics Model Code's, which begins with the phrase "An official or employee may not use his or her official position or office. . ."