Professional Documents
Culture Documents
Ethics means "a set of concepts and principles that guide us in determining what behavior helps or
harms sentient creatures". ethics is "commonly used interchangeably with 'morality ... and
sometimes it is used more narrowly to mean the moral principles of a particular tradition, group or
individual.
Meet with your staff and acknowledge that the company has been through a difficult period.
Thank them for persevering and continuing to do their best. If you honestly can, reassure
them that the situation has stabilized. If this is not the case or if you are not in a position to
comment, avoid making promises you wont be able to keep as your staff may be further
demoralized by assertions that eventually prove to be untrue.
On an ongoing basis, remember to always recognize and reward good performance. A
simple thank you or public comment about a job well done can help boost lagging morale.
3. Performance problems.
Most managers have at least one staff member who doesnt perform up to his or her
potential. The best strategy for dealing with this dilemma is to hold periodic performance
reviews.
Schedule a private meeting with the employee and review recent activity. Start by
recognizing instances when the person exceeded expectations and explain why you value
this type of behaviour. Then discuss problematic areas. Together with the individual,
establish performance goals and discuss how to monitor progress. Set up another review
session as a check-point.
There will be times when no amount of monitoring can reverse weak performance. When
you dont see an appreciable change after ample time and numerous efforts to assist the
worker, termination may be the best option. An under-performing employee is generally an
unhappy one, and this can negatively impact the rest of your staff.
4. Chronic tardiness/absenteeism.
Most employees are late or absent from time to time, but if one of your employees comes in
late with alarming regularity or has a high frequency of absence, you must take action.
Meet privately and say that youre concerned about the situation. Give him or her a chance
to explain the tardiness or absences a compelling personal reason (family problems or a
medical condition, for example) may be the root cause. If thats the case, express your
support and discuss ways that the person can still meet his or her job-related responsibilities.
If the employee has no reasonable explanation, reiterate the company policy and state that
habitual tardiness or absence will not be tolerated. Be prepared to take the necessary
disciplinary action if the problem persists.
5. A top performer hands in her resignation.
When one of your most talented, valuable employees breaks the news that he or she has
decided to accept a position elsewhere, your first instinct may be to make a counter offer or
try to persuade him or her to stay. But if an employee is determined to move on, neither of
these strategies will have an effect. Although its difficult to lose a good staff member, you
must realize that peoples professional and personal goals change over time.
Ask if the employee would be willing to stay on long enough to help train a replacement. At
the very least, he or she should tie up as many loose ends as possible and provide you with a
final status report on unfinished projects. Conduct an exit interview, being sure to ask what
made the employee decide to leave. Pay close attention to the answer in case it points to a
situation you have the power to change (for example, the individual felt there were no
further opportunities for advancement). Finally, request their new contact information, so
that the person remains part of your professional network.
No business is immune from dilemmas that, if not handled wisely and in a timely fashion,
could cause decreased productivity, low employee morale and diminished profitability. But
by responding strategically, youll find that such problems arise less frequently and pose
little threat to your companys continued stability and success
3) How can a firm try to achieve a trade-off between commercial objectives & social
objectives? Give example.
4)Are ethics & profits mutually exclusive? Explain why or why not.. Explain how
company can make profits ethically.
The most recent incarnation of profit-maximization gone amuck is manifested in the financial
services industry. As reported in The New York Times, it is an open secret on Wall Street that
many firms use end-of-the-quarter window dressing to make their financial statements appear to
be better than they really are. For instance, the management team at Lehman Brothers loaded up
on an $85 billion portfolio of risky mortgage-backed securities. They did not want their
shareholders and stakeholders to know about this portfolio, because such knowledge could
negatively impact the firms stock price and their executive bonuses. So the management team
moved these securities off their books, which the New York Times described as a shell game.
This reminds me of the David Mamet movie, House of Games, in which a small-time criminal
Mike (played by Joe Mantegna) dupes various nave souls with a multitude of cons and acts of
deception. Senior executives at Lehman are on an equal moral footing with Mike the criminal.
The only difference is that many of the Lehman swindlers have MBAs and could concoct more
sophisticated acts of deception than the fictional Mike. Unlike the movie which was quite
entertaining, the cons perpetrated at Lehman Brothers resulted in the largest bankruptcy filing in
US history, an event that almost toppled our financial system.
Business school education has instilled the ethos that a good manager should win at all costs. In a
recent Wall Street Journal article, it was stated that many people blame the business schools for
educating their students to focus on manipulating the financial system, and, in that respect, they
are partly responsible for producing the managers that have been culpable for the recent
corporate melt-downs. After all, the Harvard MBA and former CEO of Enron, Jeffrey K Skilling,
was the mastermind of the scheme that manipulated the firms stock prices. The jury convicted
him of various crimes, including twelve counts of securities fraud, and he is currently serving a
24 year sentence in federal prison in Waseca, Minnesota.
At one of the business schools that I teach at, DePaul University, there is a major effort to
incorporate ethics into the curriculum. This represents a sea-change in thinking, namely, that the
role of business is not to simply produce leaders who will be solely focused on their selfaggrandizement at the expense of society. Rather, the implication is that business has a role to
play beyond profit maximization. Indeed, it suggests that ethics do matter.
5)Do you consider it to be desirable that a company should be principled & go
bankrupt than to make profits through unprincipled means? Give example.
6)Discuss the Indian Management Styles & Systems in consonance with their own
cultural ethos.
7)What are attitudes? Discuss how attitudes of people can affect their behavior.
An attitude is an expression of favor or disfavor toward a person, place, thing, or event
(the attitude object). Prominent psychologist Gordon Allport once described attitudes "the
most distinctive and indispensable concept in contemporary social psychology.".[1] Attitude
can be formed from a person's past and present.[2] Attitude is also measurable and
changeable as well as influencing the person's emotion and behavior.
In lay language, attitude may refer to the distinct concept of mood, or be especially
synonymous with teenage rebellion.
Attitudes Influence on Behavior
Attitudes can positively or negatively affect a person's behavior. A person may not always be
aware of his or her attitude or the effect it is having on behavior. If a person has a positive
attitude, then it is difficult to upset them. They are usually bright and cheerful and see most
things in a positive light. This usually manifests itself in a person's behavior when a person
is active, productive, and does what they can to improve the mood of those around them.
On the other hand, if a person has a negative attitude then that attitude will be reflected through
behavior. People with a pessimistic attitude are often seen as people who are upset easily or
quick to anger. It may not take much to upset their inner balance, which affects both the quantity
and quality of work performed in a work day.
Attitudes can be infectious and can influence the behavior of those around them. It is
possible for an organization to influence a person's attitude and in turn their behavior. A
positive work environment, job satisfaction, a reward system, and acode of conduct can all
help reinforce specific behaviors.
One key to altering an individual's behavior is consistency. It isn't enough to put initiatives that
influence behavior in place, everyone in the organization needs to be committed to its success. It
is also important to remember that certain activities will be more effective with some people,
than with others. Management may want to outline a few different behavior change strategies to
have the biggest effect across the organization.
Establishing a set of ethical guidelines for detecting, resolving, and forestalling ethical breaches
often prevents a company from getting into subsequent legal conflicts. Having demonstrated a
more positive approach to the problem may also ensure that punishment for legal violations will
be less severe. Federal sentencing guidelines passed in 1991 permit judges to reduce fines and
jail time for executives proportionate to the ethical measures a company has taken.
Now Kanner and several colleagues are up-in-arms about psychologists and others who are using
psychological knowledge to help marketers target children more effectively. They're outraged
that psychologists and others are revealing such tidbits as why 3- to 7-year-olds gravitate toward
toys that transform themselves into something else and why 8- to 12-year-olds love to collect
things. Last fall, Kanner and a group of 59 other psychologists and psychiatrists sent a
controversial letter protesting
psychologists' involvement to APA.
In response, at its June meeting, APA's Board of Directors acted on a recommendation from the
Board for the Advancement of Psychology in the Public Interest and approved the creation of a
task force to study the issue. The task force will examine the research on advertising's impact on
children and their families and develop a research agenda. The group will look at the role
psychologists play in what some consider the exploitation of children and consider how
psychology can help minimize advertising's harmful effects and maximize its positive effects.
The group will also explore implications for public policy. Task force members will be chosen in
consultation with Div. 37 (Child, Youth and Family Services) and other relevant divisions.
Unethical practices?
The letter protesting psychologists' involvement in children's advertising was written by
Commercial Alert, a Washington, D.C., advocacy organization. The letter calls marketing to
children a violation of APA's mission of mitigating human suffering, improving the condition of
both individuals and society, and helping the public develop informed judgments.
Urging APA to challenge what it calls an "abuse of psychological knowledge," the letter asks
APA to:
Issue a formal, public statement denouncing the use of psychological principles in
marketing to children.
Amend APA's Ethics Code to limit psychologists' use of their knowledge and skills to
observe, study, mislead or exploit children for commercial purposes.
Launch an ongoing campaign to investigate the use of psychological research in
marketing to children, publish an evaluation of the ethics of such use, and promote strategies to
protect children against commercial exploitation by psychologists and others using psychological
principles.
"The information psychologists are giving to advertisers is being used to increase profits rather
than help children," says Kanner, who helped collect signatures for the letter. "The whole
enterprise of advertising is about creating insecure people who believe they need to buy things to
be happy. I don't think most psychologists would believe that's a good thing. There's an inherent
conflict of interest."
Advertisers' efforts seem to work. According to marketing expert James U. McNeal, PhD, author
of "The Kids Market: Myths and Realities" (Paramount Market Publishing, 1999), children under
12 already spend a whopping $28 billion a year. Teen-agers spend $100 billion. Children also
influence another $249 billion spent by their parents.
The effect this rampant consumerism has on children is still unknown, says Kanner. In an
informal literature review, he found many studies about how to make effective ads but not a
single study addressing ads' impact on children. Instead, he points to research done by Tim
Kasser, PhD, an assistant professor of psychology at Knox College in Galesburg, Ill. In a series
of studies, Kasser has found that people who strongly value wealth and related traits tend to have
higher levels of distress and lower levels of well-being, worse relationships and less connection
to their communities.
"Psychologists who help advertisers are essentially helping them manipulate children to believe
in the capitalistic message, when all the evidence shows that believing in that message is bad for
people," says Kasser. "That's unethical."
14) Discuss the Indian Business Laws & their impact on Indian business behavior.
Names speak volumes about an Indian's background. For example, a Singh will always be a
Sikh. The suffix "-jee" ( as in Banerjee) is a sign of a high caste. "Kar" (as in Chandraskar)
denotes that person is of Maharashtan high caste. Arabic sounding names will be used by
Muslims.
When addressing an Indian whom you know personally, always use the appropriate formal
title, whether Professor, Doctor, Mr, Mrs or if you do not know their names then Sir or
Madam will suffice.
When doing business in India, business cards should be exchanged at the first meeting. It is
a good idea to have it translated on one side into Hindi, more as a sign of respect as opposed
to linguistic necessity. Be sure to receive and give with your right hand. Make sure the card
is put away respectfully and not simply pushed into a trouser pocket.
Doing Business - Building Relationships
Doing business in India involves building relationships. Indians only deal favourably with
those they know and trust - even at the expense of lucrative deals. It is vital that a good
working relationship is founded with any prospective partner. This must take place on a
business level, i.e. demonstrating strong business acumen, and at a personal level, i.e.
relating to your partner and exhibiting the positive traits of trustworthiness and honour.
Doing Business - Meetings and Negotiations
Meetings should be arranged well in advance. This should be done in writing and confirmed
by phone. Avoid meetings near or on national holidays such as Independence Day, Diwali or
either of the two Eids. Avoid the heat by scheduling between October and March.
Punctuality is expected, although being 10 minutes late will not have disastrous
consequences. Flexibility is paramount. Family responsibilities take precedence over
business so last minute cancellations are possible when doing business.
When entering a meeting room you must always approach and greet the most senior figure
first. Meetings should always commence with some conversation. This is part of the 'getting
to know you' process. Favourable topics of conversation are the latest business news, the
fortunes of the Bombay Stock Exchange or cricket. Avoid talking about personal matters
and, if new to India, do not comment on matters such as the poverty or beggars.
If your business dealings in India involve negotiations, always bear in mind that they can be
slow. If trust has not yet been established then concentrate efforts on building a rapport.
Decisions are always made at the highest level. If the owner or Director of the company is
not present, the chances are these are early stage negotiations.
Indians do not base their business decisions solely on statistics, empirical data and exciting
PowerPoint presentations. They use intuition, feeling and faith to guide them. Always
exercise patience, show good character and never exhibit frustration or anger.
wrong behaviours for a host of different groups, including elected leaders (such as the Prime
Minister and Cabinet Ministers), elected representatives (such as Members of Parliament),
political staff, and public servants.
These groups are faced with a variety of difficult and very unique ethical questions. Should a
public official be able to hire his/her own company to work for the government? Should elected
representatives be allowed to accept expensive gifts from lobby groups? When can a public
official divulge personal information about citizens? How should public servants treat their coworkers and subordinates? Government ethics identifies what are correct behaviours in each of
these situations and establishes rules of conduct for public officials to follow.
Government Ethics & Democratic Participation
So why should we care about government ethics? One reason often cited is the importance of
government ethics to democratic participation. As a democratic nation, Canadas political system
only functions properly if its citizens are actively engaged in the democratic process. If, however,
Canadians came to believe that politicians and governments were generally unethical or corrupt,
they might develop a strong sense of apathy towards their democracy. This, in turn, may result in
people withdrawing from democratic participation altogether. You may have heard comments
such as: "Why bother voting? They are all crooks anyway."
Government ethics can play an important role in ensuring this does not happen. By setting out
clear rules that public officials must abide by, and by holding persons accountable when those
rules are broken, Canadians can have confidence in their elected representatives and political
system. It goes without saying that there will always be scandals that violate ethics. However,
Canadians can take some comfort in knowing that when unethical behaviour does occur,
appropriate actions are taken to punish the person(s) responsible.
Government Ethics & Effective Public Administration
Another common argument for government ethics focuses on effective public administration.
Collectively, Canadian governments at all levels are responsible for billions of dollars in
taxpayers money and billions more in public assets and property. Moreover, governments are
responsible for providing very important services to citizens, such as social services, public
utilities, police services, and national security. Citizens, therefore, have a strong interest in
ensuring this public money and property, as well as services upon which they depend, are
managed as efficiently and effectively as possible. This requires taking precautions against
activities that cause widespread government waste and inefficiency.
Government ethics, properly enforced, can be a valuable means for protecting against
government waste and ensuring effective public administration. Such a code can prohibit many
of the activities that lead to waste, including theft by public officials and use of government
property for private gain. It can also address issues such as bribery and conflicts of interest;
activities that can lead public officials to sacrifice the public interest in the administration of
programs and services for private gain and benefit.
Unethical Conduct By Public Officials
What sorts of conduct are commonly considered unethical?
With respect to government and public officials, several different sorts of conduct are often held
to be unethical:
Theft & Fraud by Public Officials
Governments in Canada manage billions of dollars in public money annually and own billions
more in physical property and assets. This includes everything from land and buildings, to
vehicles and aircraft, to office equipment and furniture. One of the more serious ethical issues in
government is theft of public property by public officials. Such theft can range from the trivial,
such as taking home office supplies, to the more grave, such as stealing millions of dollars from
the public purse.
Fraud is one of the most common, and costly, forms of theft by public officials. Often referred to
as theft by deception or trickery, fraud occurs when an individual deliberately deceives others in
order to unjustly gain money, property, or services. There are many different ways in which
public officials attempt to defraud government and taxpayers. They may, for example, submit
false expense reports for costs they did not incur, or provide inflated work invoices for services
they did not render. In the most extreme situations, public officials may participate in elaborate
schemes of deception to divert large amounts of public funds from government programs and
services into their own pockets.
Improper Use of Government Property
Theft and fraud, however, are not the only ethical concerns regarding government property.
Another important issue is the use of public property by public officials for private benefit. This
would include, for example, using ones office telephone for personal long-distance calls, or
using government vehicles for personal transportation. Such abuses of government property are
not exactly theft. The public official is not actually stealing the office telephone or the
government vehicle. Instead, the issue concerns the purpose for which the government property
is being used. There is an expectation that equipment and transportation will be used only for
activities associated with the performance of public duties, and not for purely personal reasons or
for private benefit.
Bribery & Influence Peddling
Another important issue in government ethics centres on public officials and acts of bribery.
Bribery occurs when a person of authority is offered, and accepts, some personal benefit in
exchange for performing some action. A public official may, for example, be offered money,
property, or free services. In exchange, s/he agrees to take some action that benefits the giver of
the bribe, such as voting a certain way on a piece of legislation, or turning a blind eye to some
illegal activity.
Influence peddling is a particular form of bribery in which a public official actively sells his/her
ability to influence government decision-making. Regular forms of bribery involve a private
individual or group approaching a public official and attempting to buy interests. In the case of
influence peddling, however, it is the official him/herself approaching others in an attempt to sell
access to government, services or otherwise.
Bribery and influence peddling can be very detrimental to public perceptions of government, as
well as effective public administration. In a democracy, we tend to view our bureaucrats and
elected officials as being responsible to, and servants of, the general public. Accordingly, there is
an expectation that these public officials will act impartially and objectively in the performance
of their official duties, with the goal of achieving the public's best interests. When a public
official acts on a bribe, however, s/he is no longer acting in the publics best interest, but rather in
the interests of the particular person or group paying the bribe.
Conflict of Interest & Self-dealing
Another common issue in government ethics is conflict of interest. This occurs when a public
officials private interests are such that they may influence the performance of his or her public
duties. The concern here is often the same as with bribery and influence peddling. Public
servants and elected officials are expected to exercise impartiality and objectivity when
performing their official duties, and should act in the publics best interests. When there is
conflict of interest, however, there is a concern that the public official may favour some interest
other than the general public.
Conflict of interest arises in many different situations. Self-dealing is one of the most obvious
ones. This occurs when an individuals activities in his/her official capacity involve dealing with
him/herself in a private capacity, often for personal benefit. A classic example is a public official
using his/her office to hire their own private company to work for the government. The concern
is that the public official may choose his/her own company instead of other, better options
available, simply because they desire the profits from the government contract. Moreover, s/he
may be very lax in ensuring the public gets full value for its money. Concerns over conflict of
interest can also arise when public officials deal with persons with whom they have close
relations, such as family members, close friends, and business partners. The concern here is that
the public official will place the interests of this particular individual above the greater interests
of the public.
Many countries have implemented conflict of interest rules. Public officials may be required, for
example, to divest their business interests prior to taking office. This may involve selling the
interest, or placing it temporarily under the control of someone else (for example, placing it in a
trust). Officials may also be required to take certain precautions when dealing with situations that
potentially involve conflict of interest. They may, for example, be required to excuse themselves
from certain government decisions where they have a private interest at stake, or, at the
minimum, disclose the nature of their interest publicly.
Divulging Confidential Information
Public servants and elected officials are often privy to all sorts of sensitive information, such as
military/security secrets or personal information about citizens (criminal records, tax
information, medical histories). An important area of government ethics is concerned with the
conduct of public officials in regard to this sensitive information. Generally speaking, there is
often an expectation that public officials will keep this information confidential and will not
inapprpriately divulge what they know.
Confidentiality can be important for different reasons, depending on the situation. In the case of
military secrets, confidentiality is often viewed as essential to the physical security of the nation
and its people. Divulging such secrets (commonly referred to as treason) is considered so
unethical that it is punishable by long prison terms or even execution in some countries. In the
case of personal information, confidentiality is important to personal privacy and dignity. In
many countries individuals have the right to keep personal information private; government
officials are obliged to respect that privacy.
Improper Conduct Post-Employment
To this point, much of the discussion has focused on unethical activities by public officials while
in office. Another developing area in the study of government ethics, however, focuses on the
conduct of public officials as they make the transition from the public service to private
employment. There are many potential issues here, ranging from conflict of interest, to improper
use of confidential information, to bribery and influence peddling.
Prior to leaving office, for example, a public servant or elected official may grant favours to
certain individuals or groups as a means of securing future employment. Again, the basic concern
here is the impartiality of the public official in the performance of his/her public duties. The
desire to secure future employment may lead the public official into a conflict of interest
situation, or, in more serious cases, into situations of bribery or influence peddling.
Another concern is the activities of government officials once an individual is in the private
sector. Former officials may take advantage of information s/he obtained in performing his/her
public service duties, information that is unavailable to the general public. Such individuals may
have confidential information about a future government policy; this information could offer the
former public servant a distinct advantage in the marketplace with respect to investing, for
example.
Former officials may also use their connections to gain preferential treatment or privileged
access to government after leaving office. This is particularly worrisome if the former official
joins a private lobby group and is able to use his/her connections to gain unfair advantages for
others. Many countries, in fact, enforce a cooling down period in which former government
officials are required to wait a period of time after leaving office before becoming a private
lobbyist. This is not unlike the practice followed by individuals who have worked, in private
enterprise, with a particular firm, and then left that firm to set up shop, either with another
company or independently. Often there is a moratorium on working with particular clients, or
with a given industry.
Immoral Conduct by Public Officials
One of the more controversial areas of government ethics is the personal moral conduct of public
officials. This would cover issues such as sexual harassment, discrimination, drug abuse, and
extra-marital affairs. The underlying concern here is whether the public servant or elected official
is a person of good moral character and worthy to hold public office.
Many countries prohibit some forms of immoral conduct, especially those directly linked to the
performance of ones public duties. For example, public officials are often expected to treat coworkers and subordinates with a certain level of respect, and are prohibited from engaging in
certain activities such as sexual harassment or discrimination on the basis of gender, race,
religion, or sexuality. Public officials are also often expected to be honest in relations with
superiors and the public in general. Lying by a public servant can often be grounds for dismissal.
Regulation of other forms of immoral conduct, in particular those that do not have a direct link to
ones official duties, is a much more controversial topic. In many countries, public officials are
expected to adhere to high moral codes in all aspects of their lives. Even in Western democracies,
voters often hold elected politicians to high moral standards. Some may argue, for example, that
persons whom engage in extra-marital affairs in their private lives or who have had past drug
abuse problems have poor moral character, and cannot be trusted as public officials. On the other
hand, it could be argued that judgement of public officials should be limited to their professional
qualifications and work, not their private lives. This view would hold that public officials have a
right to a certain level of privacy in their personal lives, and should be allowed to withhold some
aspects of life from the public record.
transparency. The following section provides an introduction to these important issues and
debates.
Establishing a Code of Ethics
In establishing a Code of Ethics to regulate the ethical conduct of public officials, the particular
rules and guidelines to be recognized are of prime importance. Most agree that a government
Code of Ethics should include prohibitions against severe and clear cases of unethical conduct,
such as theft, fraud, treason, bribery, self-dealing, and so forth. However, there is often debate on
what else should be included.
Some argue, for example, that ethical guidelines for public officials should go much further,
prohibiting certain activities even when no actual unethical behaviour has occurred. One
example of this would be a complete prohibition on public officials receiving gifts from private
individuals, no matter the value of the gift, and regardless of whether or not it involves an actual
case of bribery, influence peddling, or conflict of interest. One might support this broader ethical
code of conduct on the grounds that permitting any sort of gift receiving, no matter how trivial or
benign, encourages more serious unethical conduct. One might also argue that such ethical rules
are important in maintaining a positive image of government amongst citizens. The idea here is
that a perception by the public that government is corrupt or unethical is just as harmful to
society as actual instances of corruption.
Another controversial issue is whether or not government codes of ethics should include rules of
good moral character for public servants and elected officials. This would include, for example,
being an upstanding citizen in ones community and not engaging in morally frowned upon
activities, such as drug use, frequenting establishments of disrepute, or engaging in certain sexual
conduct. For some, government codes of ethics should only require public officials to be good
employees; in this view, such codes should only regulate the work-related activities of said
officials. For others, a Code of Ethics should demand public servants and elected officials to be
good persons, and, as an extension, should outline rules governing how these officials conduct
themselves both at and outside the workplace.
Setting Out a Code of Conduct
A second issue focuses on how a Code of Ethics for public officials should be set out. There are
several different options available:
Criminal Law: One means of setting out ethical rules for public officials is through
criminal law (for example, through the Criminal Code of Canada). Under such an
approach a violation of an ethical rule is considered a criminal offence, one that would be
punishable by severe sanctions and penalties, such as imprisonment.
Formal Ethics Legislation: Ethical rules for public officials may also be enshrined in
formal pieces of legislation passed by the government. Ethics legislation of this sort will
In many cases, a government will use several of these means in setting out ethical rules for
public officials. Governments will often look to criminalize more serious ethical offences, such
as theft, fraud, bribery or treason, and will prohibit them under criminal law. Other less severe
conduct, such as conflict of interest or improper use of government property, might be regulated
through formal ethics legislation or an informal ethics guideline. A government may also use a
variety of different pieces of legislation and guidelines for different groups of public officials.
Elected politicians, for example, may have different ethics legislation governing their conduct
than public servants and bureaucrats.
Which means to use will often depend on the objectives of the government of the day. If there is
a desire to have a large amount of control over ethics investigations, in particular, investigations
of its own people, then a particular government may prefer to have more informal ethics
guidelines. As these guidelines are not formal laws, but simply internal policy, they have the
advantage of being easily changed or disregarded whenever the government feels it is necessary
to do so. If, however, a government desires to have a regularized and more permanent set of
ethical rules, it may prefer to rely more on criminal legislation or a formal code of ethics set out
in detail in legislation that is passed by the elected officials of a given legislature.
Accountability & Ethics Commissions
Today, another common issue in government ethics is accountability. What does this term mean?
It is useful here to think about a Code of Ethics as a rulebook that outlines what is expected of
public officials. It, in essence, sets out the rules of the game. Accountability, on the other hand,
refers to what happens when the rules of the game are broken. It involves holding the person/s
accountable when they engage in unethical behaviour.
Accountability, then, includes a number of important topics. For example, how are allegations of
unethical conduct made and investigated, and who has the responsibility to undertake such
investigations? Should a separate ethics agency be created, or should the police handle it? Who
should prosecute and adjudicate ethics cases? Should it be an ethics commissioner, the
government, or the courts? Finally, what should the punishment(s) be for violating ethical rules?
Should there be fines, jail time, or other forms of disciplinary action?
One of the most important issues regarding accountability is the structure of the agency that is
responsible for overseeing government ethics. Many governments, including the Canadian
federal government, have established an ethics office or commission, usually headed by an ethics
commissioner. What should be the mandate of such a commission? Some argue that an ethics
commission should have the responsibility for investigating and reviewing the actions of public
officials and, as such, should be granted extensive investigative and prosecutorial powers. This
would include, for example, the power to demand testimony and documents from public
officials, as well as to charge whomever is believed to have violated an ethical rule. Also
important to such a mandate is ensuring that an ethics commission has real independence from
government to investigate and prosecute ethical offences, particularly when it is investigating
government officials and employees.
Others, however, counter that a more advisory role for an ethics commission is all that is
required. This view holds that the only function of such a commission would be to give advice to
the government on how to handle ethical issues, and to counsel individual public officials when
they find themselves in an ethical dilemma. This view also asserts that traditional institutions,
such as public inquiries, the police, and the courts, should be relied upon to investigate and
prosecute unethical conduct. Accordingly, there would be no need to grant strong investigative or
prosecutorial powers to an ethics commission, or even to ensure that it has much independence
from government.
Transparency, Disclosure & Public Awareness
Another issue is transparency. If ethical codes of conduct are the rules of the game, and
accountability is what happens when those rules are broken, transparency is being able to know
when and where abuses of the rules are taking place. If there are procedures and mechanisms in
place to alert us when an ethical rule is violated, then we say there exists a high level of
transparency. If, however, public officials are able to hide or keep secret their behaviour(s), then
there is little or no transparency. This is very important to the effectiveness of any ethical code of
conduct. If the rules are to be enforced, and persons are to be held accountable, then we must
know when abuses of the rules are taking place.
There are many different ways to encourage transparency. One possibility is the creation of some
ethics oversight body that regularly reviews actions taken by public officials. Such a body may
be a formal ethics agency or commission, or a series of legislative committees headed by elected
politicians. Disclosure requirements for public officials are another means of providing
transparency. This would include, for example, requiring public servants and elected politicians
to publicly disclose financial assets and other relevant information prior to entering office. Public
officials may also be required to disclose any possible conflict of interest situations during the
course of carrying out their official duties.
Whistle blower legislation is also often considered an important means of ensuring transparency.
In some cases public officials become aware of the unethical conduct of other public officials,
but, because of fear, they do not come forward to report such incidents. Many fear reprisals such
as losing their jobs or being ostracized from their respective professional communities. Many
countries have passed whistle blower legislation to protect these public officials and make it
easier for them to come forward with allegations of unethical conduct.
Public awareness and attention can also be important with respect to fostering greater
transparency. The public needs to be able to find out when unethical conduct has occurred; it also
needs to know what is being done to hold public officials accountable for such behaviour.
Several means are available to promote such public awareness. The government can be required
to make relevant information widely available to the public, such as the financial assets of public
officials and the findings of government reviews and investigations. Further, the government can
allow the media and the public access to government documents, for example, through freedom
of information legislation. Indeed, public access to government documents has often proved to
be an important means for bringing to light unethical conduct in the first place, as the media or
concerned members of the public often engage in their own investigations of public officials.