ETHICS MATTER!
Transparency vs. Confidentiality Balancing Two Critical Values in Public Service Back in the day, it was all about “sunshine.” Sun-
MARTHA PEREGO, ICMA-CM, is director of member services and ethics director, ICMA, Washington, D.C. (mperego@icma.org).
shine was the disinfectant that would wipe away the haze of machine politics and outright corruption that infected government. A little-known fact is that it was Utah, not Florida (the Sunshine State), that adopted the first of the sunshine laws back in 1905. The favored term now is “transparency.” It’s what every stakeholder insists upon for their governmental organization. The expectation for it is heightened when the government does something perceived to be wrong. But transparency isn’t just a standard that gets dusted off and reinvigorated in times of crisis. The value is embedded in the way local governments operate. From procurement to land development to capital investments to financial health, processes are purposefully designed to be transparent and open to provide for both input and observation. Technology has exponentially elevated expectations for transparency. From council meetings broadcast via Facebook Live to cell phone videos from the field, the public now expects to know everything that is happening when it’s happening. This all works to the professional’s benefit. Transparency is a cultural norm that is essential for building trust with the public. The more information and details people have about what is happening, the more confidence they have in the organization, even when things go wrong. Transparency will eventually conflict with the value of confidentiality. It’s the classic “right versus right” values
International City/County
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September 2019
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BY MARTHA PEREGO, ICMA-CM
dilemma. Organizations will feel the tension between meeting the public’s demand for instant answers and perhaps an employee’s right to due process. Or with relentless social media coverage on an issue, they will have to resist the urge to do damage control by presenting partial facts before the complete investigation is available for public scrutiny. Regardless of good intent, maintaining confidentiality may be viewed by some as a self-serving. Protecting reputations and rights can appear to be a smoke screen. Faced with that perspective and pressure, all organizations must carefully consider their legal, as well as ethical, obligation when it comes to confidential matters. Transparency vs. Confidentiality in ICMA’s Ethics Enforcement
ICMA faces the same challenge in our approach to enforcing the Code of Ethics. ICMA’s ethics review process is totally confidential until the ICMA Executive Board decides that a public censure, expulsion/bar, or temporary suspension is appropriate. From the instant the story of alleged unethical conduct breaks and compels someone to file a complaint with ICMA until the final decision of the board, we will not comment on whether a member is under review. No external party beyond the complainant will even know that the matter is under review. And therein lies the problem. The constant media coverage of an ongoing ethics scandal can harm the Public Management (PM) icma.org/pm ICMA 777 North Capitol Street, N.E. Washington, D.C. 20002-4201 EDITORIAL OFFICE: pm@icma.org ADVERTISING SALES: 202-367-2497 Tilman Gerald The Townsend Group, Inc. tgerald@townsend-group.com ICMA MEMBER SERVICES: 800.745.8780 | 202.962.3680 membership@icma.org
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