Ethics Training for Supervisors

1. Ethics Training for Supervisors

2. What are Ethics? Ethics is an action concept, not something to think or argue about. Standards of conduct which indicate how one should behave based on principles of right or wrong.

3. Ethics vs. Personal Standards In a recent Josephson Institute survey many respondents asserted this view of ethics with comments such as: “Ethics is a personal issue and whatever a person can sleep with, so be it,” and “My ethics are good according to my standards. They may not be the best, but they work for me.” The ultimate test of character and ethical commitment is whether we are willing to do the right thing when it is not in our personal best interest to do so.

4. Ethics and Morality Historically, there is no difference between the terms.

5. Ethics

6. Unethical Justification

7. Ethics Questions • Will I be treating everyone with appropriate respect? • Is my conduct courteous and civil? • Can anything I am doing be reasonably construed as an act of prejudice or intolerance? • Is the conduct I am considering consistent with my responsibilities? • Am I being accountable for what I am doing or not doing? • Am I really pursuing excellence? • Is what I am considering doing fair to all concerned? • Is the conduct consistent with principles of equity, equality, impartiality and openness? • Am I doing what I ought to do as a good citizen? • Am I breaking any laws or rules? • Is the conduct I’m considering consistent with my obligations to be trustworthy? • Am I prepared to be truthful, sincere, and candid? • Is it consistent with what I believe and what I say?

8. Board Expectations Supervisors may not be full or part time district employees. CD Board members are called “Supervisors” and are elected to serve 4 year terms. It is policy of the CSCB that CDs maintain a full board and that a vacancy is filled in a timely manner.

9. Compensation Ethics prohibit the acceptance and solicitation of gifts, compensation or loans by an elected official. Elected officials may accept an occasional gift having a value of $50 or less. • May not exceed $5,000 annually. • Supervisors can ONLY receive compensation for travel and expenses incurred in the process of discharging their duties. (C.R.S. 35-70-107.) • Payment MUST be directed through Board approved procedure or as set in the CD Bylaws.

10. Nepotism Nepotism means that no public official may employ, appoint, vote for, or recommend a relative for employment. Nepotism creeps up in all manners in everyday life and in the workplace as well. Have you ever been asked to get someone a job? Float their resume around? To lobby for a particular candidate because it’s someone’s brother, cousin, spouse or friend? And it’s always a bit disconcerting to reconcile the different thoughts and emotions that accompany such a request. On one hand, you have someone who’s in need of a job asking you for help. If you were in their spot, you’d probably be doing the same right? Especially in this economy. On the other hand, should “networking” (politically correct) or nepotism (calling it what it is) be a factor in which candidate ultimately lands that spot and which one doesn’t? Does this guy deserve your spot?

11. Confidentiality Confidentiality is one of the most frequently violated rights in many different fields of work. It is not hard to understand how this happens. We are reminded to maintain confidentiality, but all too often reminders of how it is breached and examples of how to avoid breaching confidentiality are difficult to come by. Be aware that it is your responsibility to protect confidential information revealed during discussions, proposals, or negotiations. As a Supervisor you will gain access to information that is considered to be confidential and/or proprietary. Such information relates to submitted proposals, criteria or decisions made with regard to your CD’s business.

12. Conflict of Interest A conflict of interest occurs when a Supervisor or an employee has competing interests or loyalties that are, or could be, at odds with each other. ** Interests of a board member’s dependent children, and/or member of a board member’s immediate household, should be disclosed and regulated by the conflict of interest policy applicable to board members in the same manner as are conflicts of the board member.

13. Conflict of Interest • To address actual or potential conflicts of interest: • An elected official must publicly declare a conflict of interest prior to discussion, recommendation, vote or other official action on an issue. • The declaration must be recorded in the minutes. • The supervisor with the conflict of interest may choose to refrain from participating in discussion and official action.

14. Fair Treatment No public official or state employee shall use or attempt to use his or her official position to secure special privileges or exemption for himself or herself or his or her spouse, child, parents, or other persons standing in the first degree of relationship, or for those with whom he or she has a substantial financial relationship that is not available to others except as may be otherwise provided by law. A board member of an entity receiving state funds may participate in, vote on, influence, or attempt to influence an official decision in two situations::

15. Non-Discrimination “In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. (Not all prohibited bases apply to all programs.) To file a complaint of discrimination write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D. C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.” Discrimination is prohibited in program delivery. The U.S. Department of Agriculture requires the following nondiscrimination statement shall be posted in all offices of programs that receive federal assistance and included in full on all materials regarding such recipients’ programs that are produced for public information, public education, public distribution.

16. Employment Practices The laws determining what conduct, or pattern of conduct, constitutes actionable employment discrimination are complex so Conservation Districts should contact their Conservation Specialist immediately after receiving a report of employment discrimination to review individual circumstances. More information about employee/district supervisor relationships is available in the Employee Relations module.

17. Hiring/Promotion • Age • Sex • Race • Religion • National origin • Disability Under Federal law, an employer doesn’t have to hire, or promote, the most qualified applicant. But the employer cannot base decisions on personal characteristics that are not job-related. These characteristics typically include:

18. Interviews • Are you married? Are you planning to get married? • Do you have children? Are you planning to have children? • Where were you born? • What’s your sexual orientation? • Have you ever been arrested? An interviewer can, however, ask about personal characteristics if it could hinder the ability to fulfill the job requirements. Some examples might be: • Have you ever been convicted of a crime? • Can you prove that you are eligible to work in the US? • Can you do this job with, or without, reasonable accommodations? An interviewer cannot ask questions relating to these characteristics. Examples of interview questions that aren’t allowed include:

19. At Will Employment • Illegal discrimination or illegal termination in violation of a public policy. • When an employee’s employment is for an indefinite term, either party may terminate the relationship without cause or at-will, except where an at-will employee relies on a personnel manual or employment agreement that expressly states that he or she cannot be discharged except for cause. In this case, the employee may not be arbitrarily discharged in violation of such a provision. Colorado employees not working under an employment contract are deemed to be “At-Will”. At-will employees may be terminated for any reason, so long as it is not illegal. Illegal reasons for termination fall into one of two large categories:

20. Employee Handbook While an employer is not required by law to have an employee handbook, it is recommend. An employee handbook provides a centralized, complete and certain record of the Conservation District’s policies and procedures. At a minimum, an employee handbook should include: • A statement regarding the at-will employment relationship • An equal employment opportunity statement • A policy regarding sexual and other types of harassment in the workplace • Internet access, e-mail, and voice mail policies • Job descriptions for each employee typed and on file The laws regarding an employer’s duties and responsibilities arising under an employee handbook are complex, and a conservation district should contact CSCB to review unique situations not covered in the Employee Handbook, located online at CSCB’s website (www.colorado.gov/ag/cscb ).

21. KEY POINTS • The USDA sets a non-discrimination statement for Conservation Districts to follow. • It is important for supervisors to know employment law. • Board supervisors can not be district employees. • Supervisors can ONLY receive compensation for travel and expenses incurred in the process of discharging their duties. • Payment MUST be directed through Board approved procedure or as set in the CD Bylaws.