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Ethics in county government have real value
Z
ig Ziglar, who was an American author and motivational speaker, said, “The most important persuasion tool you have in your entire arsenal is integrity.” We often hear the term government ethics used in the media and by politicians and political commentators, yet it isn’t always clear what is meant by this term. Generally speaking, ethics refers to the study of right and wrong behaviors. In our daily lives we are constantly faced with important questions about what to do. We face the same thing in our government jobs. As Martin Luther King said, “The time is always right to do what is right.” Many times a public official will say, “But I didn’t know.” Guess what? That doesn’t matter. You took an oath to uphold the laws of the State of Arkansas, the State Constitution, and the U.S. Constitution … “So help me God.” County officials and all public servants have a responsibility to uphold the law. The law is there to learn. Don’t blame someone else for your ignorance. Buckle down and learn the law. That’s your job. And there are ethics to observe in carrying out those laws. Government ethics refer to the unique set of duties public officials owe to the public they serve. These duties arise upon entering the public work force either as an elected official or a member of government staff. So for simplicity’s sake, please know that when we refer to public officials, we are referring to all public actors, be they elected, appointed or hired. The relationship between public officials and the public can be described as fiduciary in nature. The term fiduciary is defined as relating to “a person to whom property or power is entrusted for the benefits of another.” Examples of fiduciary relationships include those of the attorney/client, executor/heir, and principal/agent. You can readily see why the public official/citizen relationship is similar. The electorate delegates governing authority to public officials to exercise discretion over the public treasury; to create laws; and to administer programs and government functions that will impact their lives. The public trusts that the public official will act in the public’s best interest. Ethical obligations for government officials are not a new concept. In Ancient Greece, Plato called for death for public officials who took bribes. In 1215, King John of England signed the Magna Carta, which promised among other things, “To no one will we sell, to no one deny or delay right or justice.” Not long after that in 1254 King Louis IX of France promulgated conflicts of interest rules for provincial governors. In 1776 our Declaration of Independence acknowledged 16
the concept of delegated authority. It says in part: “We hold these truths to be selfevident, that all men are created equal, that they are endowed by their Creator with certain unalienEddie A. Jones able Rights, that among these are County Consultant Life, Liberty, and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.” History concludes that several delegates attending the constitutional convention in 1787, including James Madison and Alexander Hamilton, advocated for a fiduciary form of government. Maryland representatives literally declared themselves to be the trustees of the public. Ethical duties flow from the public fiduciary relationship — then and now. Those obligations include duties of care, loyalty, impartiality, accountability, and preservation of the public’s trust in government. The duty of “care” requires that the public official competently and faithfully execute the duties of the office. That includes managing assets competently and being good stewards of the public treasury; using due diligence in the selection and supervision of staff/employees; following the rules; and upholding the constitution and laws. That takes us back to one of my opening statements. You must put in the time to learn your duties and the laws governing your office and county government in general. To be ethical you must be loyal. To whom? Public fiduciaries have an absolute obligation to put the public’s interest before their own direct or indirect personal interests. You breach that obligation when you benefit at the public expense. Prohibited benefits can be financial, career related, or personal, such as benefits to family members or close associates. When general ethical duties to family or friends conflict with duty to the public, the public duty must always prevail. Public officials have a duty to represent all of their constituents fairly and impartially. This means you cannot favor those of your own political party over other constituents, or let the fact that someone voted against you impact your ability to act fairly. You must overcome any inherent bias that you possess. A public official must avoid targeting particular constituencies for favor or for punishment. Bottom line — the Equal Protection Clause of the U.S. Constitution is in essence a codification of the duty of impartiality. COUNTY LINES, FALL 2019
