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Adopted by the members of the American Society of Planning Officials, at the 28th Annual Meeting of the Society, on April 30, 1962 in Atlantic City, N. J.

Preamble

Ethical practice has special relevance to all people who are charged with responsibilities in public service. Planners, whose decisions and actions have long-range consequences for later generations, must be keenly concerned to adhere to ethical principles.

Codes of ethics, as commonly adopted. present a catalog of temptations that are prohibited. It cannot be an exhaustive catalog: human imagination is sufficiently rich to discover new variations of old temptations. The existence of a code simply puts a challenge, to some, to find a gap or loophole. Emphasis must be put not on the letter of prohibition but on the spirit of observance. A performance standard of ethical behavior will be superior to a specification standard.

Enforcement of an Ethical Code

Reliance upon criminal prosecution for the enforcement of an ethical code would allow ethical behavior to rest at a level just above the criminal. Administrative methods of enforcement are more effective for the higher level of behavior sought by the code here presented. These methods call for the use of this code (1) by appointing authorities in considering the character of those selected to become planning officials; (2) by planning executives in establishing staff rules for agency operations; (3) by boards and commissions in drafting by-laws; (4) by the public in judging the professional quality and fairness of planning agencies. Its most important use, however, will be as a guide to the conscience of the individual citizen or practitioner in the daily discharge of planning responsibilities.

This code is written primarily for the lay, citizen member of a planning commission or urban renewal commission or zoning board although individual provisions of this code govern the actions also of staff members of planning agencies. Both groups are equally concerned with the application of the entire code. The term "planning official" is used comprehensively to include any citizen or staff member of a public agency engaged in planning, urban renewal, zoning, or community development. It also includes a consultant and his staff who is under contract, or is negotiating a contract, with a public agency. This code applies to the professional planner in his role as a public official. (His professional society, the American Institute of Planners, has a Code of Professional Conduct dealing with additional professional matters.)

This code is not written for the regulation of behavior of elected officials, who are accountable for their ethical standards to the electorate.

Ethics and Membership in ASPO

ASPO invites active or associate membership of all persons who wish to promote sound city and regional planning methods and who wish to improve the efficacy of planning administration.

ASPO applies no test for membership. While a great many members of ASPO are professional planners, ASPO is not an association of professionals only. Membership in ASPO, therefore, does not in itself imply expertness in the field of planning. ASPO members must not, therefore, use the fact of membership as a badge of professional qualification in planning. ASPO does not undertake to police ethics in the planning profession or among its members. ASPO seeks to promote ethics in planning, including the distribution of this statement, public discussion of ethical practice, and advising on problems involving the application of this code.

Rules of Ethical Conduct in Planning

Conflict of Interest. A person to whom some private benefit may come as the result of some public action, should not be a participant in that action.

1. The private benefit may be direct or indirect, create a material, personal gain or provide an advantage to relations or to friends or to groups and associations which hold some share of a person's loyalty.

2. The possibility, not the actuality, of a conflict of interest should govern. The question is not "Do I think I would be biased?" but "Would a reasonable person think I could be biased?"

3. In making appointments, there should be no attempt to exclude whole categories of business or professional persons in anticipation of conflict of interest problems. The service of competent people of good character need not be sacrificed. Their withdrawal from participation in planning matters is necessary only in those specific cases in which a conflict arises.

4. A person experiencing a conflict of interests should declare his interest publicly, abstain from voting on the matter should he have a vote, keep out of any deliberations on the matter, and leave any chamber in which such deliberations are to take place. He should not discuss the matter privately with any fellow official.

5. No planning official should engage in any transaction in which he has a financial interest. direct or indirect, with the agency or jurisdiction that he serves unless the transaction is disclosed publicly and determined to be lawful.

6. No planning official should ad. vise or assist anyone in any action that is adverse to the jurisdiction he serves

Outside Employment of Planning Staff. A full-time member of a planning staff owes his loyalty, his energy and his powers of mind to the service of its planning program.

1. A planning staff member should take no employment outside of his official duties without explicit approval of the staff director or of the commission or comparable authority.

2. No such outside employment should be undertaken if its performance will reduce the quality or dispatch with which the staff member can execute his primary responsibilities. The number of hours and the scheduled times devoted to outside employment should not interrupt or interfere with the time that should be devoted to primary planning responsibilities.

3. A staff member must never consider taking any outside employment if this outside work may deal with any matter that requires an action or recommendation of his full time agency.

4. A staff member must not have, as an outside employer, any person or organization who does business with his agency or with other agencies under the same jurisdiction. This limitation must apply even when the outside work deals with matters which will never be related to the official responsibilities of the employee.

5. Public property should not be used for any private purpose, including performance of work for other public employers, without explicit approval by an appropriate authority.

6. Upon leaving public employment. a staff member or consultant must not use information or associations gained while in public employ to bring special advantage or favor to any new employer, to himself, friends or relations.

Gifts and Favors. Gifts, favors or advantages Trust not be accepted if they are offered because the receiver holds a position of public responsibility.

The value of a gift or advantage and the relation of the giver to public business should be considered in determining acceptability. Small gifts that come in the form of business lunches, calendars or office bric-a-brac are often, not always, acceptable. In cases of doubt, refuse. In cases of marginal doubt, refuse.

Treatment of Information. It is important to discriminate between planning information that belongs to the public and planning information that does not.

1. Reports and official records of a public planning agency must be open on an equal basis to all inquirers. Planning advice should not be furnished to some unless it is available to all.

2. Information of private affairs that is learned in the course of performing planning duties must be treated in confidence. Private affairs become public affairs when an official action-such as a change of zone classification or approval of a plat - is requested with respect to them. Only then is disclosure of relevant information proper.

3. Information contained in studies that are in progress in a planning agency should not be divulged except in accordance with established agency policies on the release of its studies. A public planning agency is not required to do its thinking out loud in public.

4. Boards and commissions hold. in- public hearings on planning questions should permit the presentation of information on behalf of any party to a question only at the Scheduled hearing, not in private, unofficially, or with other interested parties absent. Partisan information received in the mail, by telephone or other communication, should be made part of the public record.

Respect for Professional Practice. Officials should respect the codes of professional conduct established by the planning profession and by the several professions related to the practice of planning.

1. Professional codes commonly include provisions to protect the integrity of professional judgment, insure the selection of a professional service on the basis of qualifications and experience, maintain the confidential relationship of client and professional, and establish professional standards. These provisions of professional codes should be understood and observed by officials to the extent that they are compatible with public laws and regulations.

2. A professional person should not undertake to provide advice on questions which lie beyond the scope of his training and experience and which require the qualifications of some other profession.

3. In contracting for the performance of professional planning services. planning officials should not participate in any procedure that requires the professional to compete or bid for work on the basis of the fee to be charged, since such basis is professionally unethical. Experience and qualifications for the work to be done should be the basis of competition.

4. In recommending the employment of any professional firm or person, a planning official must not allow his choice or recommendation to be influenced by friendship, personal gain, or political pressure. A planner must not seek to use these influences in his own behalf.

Political Activity. Membership in political party and contributions to its finances or activities are matters of individual decision that should neither be required of nor prohibited to, planning officials.

1. The extent of participation in political activities should be governed by professional judgment as well as limited by any applicable civil service laws or regulations.

2. The powers of planning officials must not be exercised, nor their duties performed, in any way that will create special advantages for a political party. The special position of a commission or board member, or of a staff officer, should not be used to obtain contribution or support for a political party and should not be used to obtain partisan favors.

3. Partisan debate of a community's planning program, and the consideration of planning in a party's platform is proper. Planning officials should, however, give political parties equal access to information.