Ethical Principles in Planning

The American Planning Association maintains a set of ethical principles to guide the conduct of all who participate in the planning process as advisors, advocates and decision-makers. These principles should be used by certified and practicing planners, appointed and elected officials, and others who participate in the process of planning. The plan commission is urged to discuss and consider adopting these principles.

Key elements include:

  • Serve the public interest.
  • Recognize the rights of citizens to participate in the process.
  • Give full, clear and accurate information.
  • Expand choice and opportunity for all persons, including the disadvantaged.
  • Assist in the clarification of community goals, objectives and policies.
  • Make information available to the public in advance of decisions.
  • Protect the integrity of the natural and built environment.
  • Pay attention to the inter-relatedness of decisions and long-range consequences.
  • Achieve high standards of proficiency and integrity.
  • Exercise fair, honest and independent judgment.
  • Disclose all personal interests, defined broadly.
  • Abstain from participation when you have a personal interest.
  • Seek no gifts or favors.
  • Do not participate as an adviser, decision-maker, or advocate on a policy decision in which you have previously been an advocate.
  • Do not use or disclose confidential information.
  • Do not misrepresent facts.
  • Do not participate unless you are prepared.
  • Respect the rights of all persons.

Apply Your Learning

Scenario - Conversations about Development

A plan commission member runs into a citizen at the local market who says, “Wildwood subdivision is really going to ruin that part of town.”  “Why?” asks the plan commissioner.  “Well, it’s going to break up a large area of winter deer habitat, and you’ll be able to see all those houses from miles away.”  The plan commissioner replies, “We might not be able to do anything about this project, but perhaps we need to write some regulations that impose stricter controls on sensitive wildlife areas in town.”

These are the types of conversations plan commissioners might have with their constituents in order to plan for the future.  Part of planning for the future involves keeping land use regulations current with trends in land development and with the desires of the community.

However, if the same commissioner will be reviewing the subdivision as part of a plat approval process, the above conversation would be wholly inappropriate.  In that context, the commissioner should simply say, “I’m sorry, I can’t discuss this with you unless we’re in an open public hearing.   It’s not fair to others who may be interested in the case for me to speak about it with you.”  This conversation might be difficult for plan commission members, particularly in small towns, but it’s the only proper way to handle the situation should it arise.

Adapted from Essentials of Planning and Regulation, 2007, Vermont Land Use Education and Training Collaborative. www.vpic.info/pubs/essentials

Scenario - My Brother, the Developer

Your brother has made a small investment in a real estate development that will come before your commission for approval. No one knows that your brother is involved in the project. You believe it is a good proposal and that your brother’s influence has led to a good design. What should you do?

  1. Disclose the personal interest and recuse yourself from the case.
  2. Disclose the personal interest, speak in favor of the proposal, but then abstain from voting.
  3. Disclose the personal interest, but vote on the case because you do not benefit from it financially.
  4. Vote on the request because you do not benefit from it financially.

Things to consider:

  • You may not realize that your brother has influenced your opinion, since you are around him so much.
  • Even if you decide not to participate, your relationship with board members might taint the opinions of others on the board or the public.
  • If this is a good proposal, the commission will recognize that. There is no reason to jeopardize your credibility.
  • American Planning Association’s Ethical Principles in Planning require that you disclose all personal interests. APA recommends that potential benefits to a family member (even if not part of your household) should be considered a personal interest.
  • Local bylaws regarding ethics and conflicts of interest may contain similar language.

Would your answer be different if it were not your brother, but a good friend or neighbor?

Adapted from Indiana Citizen Planner’s Guide: Part 6, Ethics. K. K. Gerhart-Fritz, AICP. Indiana Planning Association. www.indianaplanning.org/associations/9760/files/6_Ethics_2005.pdf

 

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