By Daryl J. Delabbio
This past summer there were some questions posed about the new Tenet 11 of the ICMA Code of Ethics, and the accompanying guidelines. I would like to summarize the discussion that took place at the September 14, 2023, Ethics Committee meeting addressing the questions posed to the Committee. ICMA Ethics Director Jessica Cowles also participated in the meeting.
- Why was merit completely removed from the tenet? What was the intent and purpose?The new Tenet 11 reads: Manage all personnel matters with fairness and impartiality. It has been stated from several sources, and the Ethics Committee concurs, that merit is implied within the new language in the Code. ICMA has published a significant amount of information leading up to and following the member vote approving the various tenets and guidelines that were modified. See https://icma.org/articles/pm-magazine/professions-commitment-diversity-equity-and-inclusion-proposed-changes-icmas-code-ethics). There is very little the MME Ethics Committee can add to this information, as we were not consulted as a committee for input into the process. The tenet was overwhelmingly approved by the ICMA membership in March and is now part of the ICMA Code of Ethics. Ms. Cowles was asked about the history of filing ethics complaints on Tenet 11. In a follow-up email to me, she indicated that there have been no Tenet 11 ethics complaints filed with ICMA during the last 10 years.
- Can a manager be subject to an ethics violation for hiring based solely on merit?The Ethics Committee is firmly convinced that although a manager may be reported to the ICMA or MME for hiring based on merit, a violation of the ICMA Code of Ethics–from the Ethics Committee’s perspective– does not exist. It is to put this in writing, which is why it is here. Further, the ICMA and MME would never endorse circumventing federal or state law, or a community’s own charter or ordinances/policies regarding hiring decisions.
Many times, we operate in shades of gray. While we strive to be objective in our thinking and in decision-making, there is always an element of subjectivity involved in that. This isn’t a violation of ethics, it’s simply an element of the process. Hiring based on knowledge, skills, and abilities should always be an integral– if not the integral– part of the process. But other factors can, and do, enter this equation, including organizational “fit,” organizational goals, etc.
- Any other guidance and clarification deemed necessary.The ICMA provides guidelines related to each tenet. The ICMA does not issue advisory opinions, nor should the MME Ethics Committee. In general, professional codes of ethics are guidelines and principles, which are different from rules and regulations. A breach of law and a breach of professional ethics may result in penalties and other consequences. Laws are legally binding whereas codes of ethics are meant to be professionally binding. Codes of Ethics are important documents that outline the core values of an organization and the behaviors expected from members. They define what constitutes acceptable or unacceptable behavior. Opinions on the Code of Ethics and its Guidelines will differ, just as opinions about rules and regulations will differ (thus the need for ethics committees, attorneys, arbiters, and judges).
I know that these are not perfect answers, but the Ethics Committee was transparent in its deliberations. The ICMA Code of Ethics and its accompanying Guidelines have, over the years, been developed and amended in a thoughtful manner by intelligent, dedicated, and professional individuals. I think the questions asked were important. We owe it to our profession, and to our association, to ask tough questions. Sometimes they can be answered, sometimes not. The important take-away for me is that we can discuss such matters– and share differing opinions– in a professional, respective manner.
Daryl J. Delabbio
Chair, Ethics Committee
Retired Municipal Manager
Daryl Delabbio spent 40 years in local government leadership. From September 1998 until his retirement in July 2017, he served as county administrator/controller for Kent County, Michigan. From September 1995 to September 1998 he was assistant county administrator. Prior to coming to Kent County, Daryl was city manager of Rockford, Michigan for 11 years, and held administrative positions with two other Michigan communities from 1977 to 1984. Throughout his career, Daryl also served as an adjunct faculty member in both graduate and undergraduate programs at Davenport University, Grand Valley State University, Western Michigan University, and Wayne State University. He holds a BA in political science and a Master of Management from Aquinas College, a Master of Public Administration from Wayne State University, and a Ph.D. from Western Michigan University. Daryl was active in numerous professional organizations, including the International City/County Management Association (executive board – midwest regional vice president, 2014-2017), the Michigan Municipal Executives (president, 2001), and the Michigan Association of County Administrative Officers (president, 2008-2010). Daryl can be reached at djdelabbio@gmail.com.