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Glasser: When Behavior Is Not Ethical

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       The vast majority of government officials are honest and ethical. But the few who are not have convinced many people that government cannot be trusted. This is unfair to the men and women who act honorably and wish only to serve the public interest. As a consequence of the mistrust, public policy often is affected. (Please note the case of a certain President whose poll numbers have spiraled downward, causing Congress to not support his programs as earnestly as was done in the past.)

Mistrust Follows Lying

     Even in instances where an ethical lapse has nothing to do with public business, as in the case of Gov. Richardson lying on his resume, trustworthiness becomes a major issue.
     Ethics is not a new concept. It can be found as early as1750 B.C., in the Code of Hammurabi. Hammurabi was a ruler in ancient Babylon. The Code is the earliest known example of a ruler writing down a set of laws so that all could know what was required of them. As an example, a judge who makes an error is removed from office and fined. A person who builds a house that collapses on and kills another is himself killed. (I am neither condoning nor rejecting either "solution." I am only noting it for its historical significance.)
     There is no standard definition of ethics. Generally, the words or phrases most commonly used are "morality," "rules of conduct," "values" or "standards of right or wrong."
     Ethics is not a stationary concept. Like society, it can change over time. Acceptable behavior in one era is not acceptable in another. Additionally, there may be more than one correct ethical response to a question.
     There may also be circumstances where a person understands he/she may be acting unethically, but acting for a "higher purpose." For instance, was there an ethical difference between the people who took clothing or food in the aftermath of Katrina vs. the people who took televisions and other products? Would it make a difference if, afterward, the persons returned to the stores and attempted to pay for the product they took?
     While it is expected that government officials will be honest, are there circumstances that grant a government a "free pass"? Or is lying an ethical lapse, no matter the circumstances?
     Is it merely rationalization to state that conditions determine whether an act is ethical?

The Words You Know

     Most governmental entities have written codes of ethics or codes of conduct. One generally sees words such as "impartial," "protection of public interest," "integrity," "impartiality" and "public confidence" in government codes of ethics or conduct. (Interestingly, these words of art are missing in the federal statutes pertaining to ethics.)
     A written code of ethics can provide guidelines and set forth important values that the community wishes to uphold. But the lack of a written code is not a death knell for ethical conduct.
     The answer lies not in the words or phrases used but in the values and messages conveyed from the leadership of the governmental entity to the employees and the public at large.
     The message must be loud and clear that unethical conduct will not be condoned and severe penalties will result. Otherwise, the message conveyed will be that ethics doesn¹t matter. (What message was being sent in the recent situation where a San Pedro High School assistant football coach/teacher¹s assistant was caught cheating at a football game by moving the marker? Last week, he was banned for life from coaching by the Rules Committee of the City Section of the California Interscholastic Federation.)
     The answer must also be found in the community. It is not merely the responsibility of government to ensure its own ethical conduct. It is the responsibility of people, through their votes, letters to the editor and reasonable, respectful questioning of public officials to protect their own interests.
     If someone is going to act unethically in your favor today, what is to prevent that person from acting unethically against you tomorrow?
     Some people believe that ethics is merely a great concept and an interesting subject for the classroom.
     I am not so cynical as to believe that ethics should be limited to academia. Rather, ethics says who we are as individuals and as a society.

David Glasser is a partner in the law firm of Greenspan, Glasser & Rosson, a principal in dispute resolution solutions and an adjunct professor of ethics at UCLA Extension.