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Previous Ethics Questions of the Month
| October 07 |
| Question: John, a City employee, has been engaged in a longstanding dispute with his neighbors, who are constantly throwing loud parties with large crowds of people in attendance. He has politely asked the neighbors to stop the parties, but it hasn't worked, and he's desperate for some peace and quiet. John decides to write his neighbors a note on his City letterhead, hoping they will see he works for the City and think twice about continuing to throw the parties.
Is this appropriate?
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| Total |
130 |
| Yes |
15 (12%) |
| No |
115 (88%) |
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Answer: Use of official City stationary for personal use or gain is inappropriate, as is attempting to influence his neighbors by virtue of his position with the City. The City has a number of policies and regulations governing use of City resources and improper use of position, including Council Policy 000-4 and Administrative Regulation 95.60.
In this situation, even if John did not intend to violate City rules, he should be aware that employees should conduct themselves in a way that maintains public confidence in their performance and publish trust in the government they represent. Even the appearance of impropriety must be avoided. |
| September 07 |
| Question: Sometimes City employees are offered special discounts through the Corporate Partnership Program.
Is it okay for employees to accept the discounts?
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| Total |
20 |
| Yes |
16 (80%) |
| No |
4 (20%) |
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Answer: The City's Corporate Partnership Program (CPP) was established to generate revenue and resources through marketing partnerships with the corporate community. The partnerships developed by the Corporate Partnership Program include special discount rates exclusive to City employees. Companies provide the City with cash and/or in-kind resources in return for the marketing potential associated with the City.
City employees are allowed to accept discounts that are offered to all City employees (not just employees in a particular department, for example), provided that the discount is not intended to influence an employee's actions with respect to City business. Employees can also accept discounts made in the regular course of business to members of the public. It should be noted, however, that unclassified employees are subject to additional requirements under the City's Ethics Ordinance. For additional information on the Ethics Ordinance, unclassified employees may contact the Ethics Commission at (619) 533-3476 or ethicscommission@sandiego.gov. |
| August 07 |
| Question: An analyst has just been transferred into your department as a result of Business Process Reengineering. After two months of working together, you and the analyst begin dating. No one else in your section knows about the relationship, but several people have commented that you and the analyst seem to agree on things a lot more. A promotional opportunity opens up for your significant other, but the position reports directly to you and you would be involved in the selection process.
Do the City's ethics-related rules include guidance about hiring, supervising, and promoting people with whom you have close personal relationships?
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| Total |
32 |
| Yes |
30 (94%) |
| No |
2 (6%) |
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Answer: According to Administrative Regulation 95.60, sec. 3.13, a supervisory or management employee cannot participate in the appointment or recommend the appointment of a person with whom the employee has a close personal or business relationship to a classified position of any department, office, bureau or division over which he/she has administrative control.
Close personal friends of City supervisory or management employees may be appointed as classified employees in any department not under administrative control of the employee as long as such City supervisory or management employee does not attempt to influence such appointments.
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| June 07 |
| Question: Maryanne is a passionate defender of the planet who works for the City. When the environmental group she is involved with in her spare time asks if she is willing to stand outside City Hall circulating a petition against global warming, Maryanne isn't sure if she should.
Does the City have rules to guide her decision-making?
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| Total |
47 |
| Yes |
38 (81%) |
| No |
9 (19%) |
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| Answer: The San Diego City Charter (Article V, sec. 31) clearly states that City employees are not prohibited from being active in political campaigns (or in any bond issue campaign, or from seeking election or appointment to public office); however, they may not do so on City time. If Maryanne circulates her petition during her lunch hour, but not on City time, this would be acceptable.
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| May 07 |
| Question: You are a long-time City employee who has been offered a gift in conjunction with attending an event in the course of your City duties. You are not entirely sure if you should accept the gift or not.
Does the City offer any resources to provide advice regarding ethical dilemmas?
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| Total | 40 |
| Yes | 30 (75%) |
| No | 10 (25%) |
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| Answer: Yes. The Office of Ethics and Integrity (OEI) is available to advise both classified and unclassified employees. If an employee is unsure whether an action or interest violates relevant City regulations and policies (administrative regulations, personnel regulations, council policies, etc.), he/she should discuss with his/her supervisor or contact OEI.
Unclassified employees are bound by stricter rules than classified employees through the City's Ethics Ordinance. Unclassified employees who have questions about the Ethics Ordinance should contact the Ethics Commission.
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| March 07 |
| Question: You are a City employee who recently started a catering business with several friends. You only take jobs that are outside of your hours with the City, and have notified your manager about your outside employment in accordance with City policy. While at work one day, you overhear a vendor who does business with your department talking about her company's plan to hold an employee appreciation picnic. Her company is looking for someone to cater the picnic and you would like to bid on the project.
Are there any City policies you should consider before submitting a bid?
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| Total | 18 |
| Yes | 17 (94%) |
| No | 1 (6%) |
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| Answer: Yes. Depending on the totality of circumstances, the vendor's plans to hold an employee appreciation picnic might be considered confidential information in this situation. That being said, Section 3.7 of Administrative Regulation 95.60 prohibits employees from using, for speculation or personal gain, confidential information, including personnel information, acquired in the course of his/her employment with the City.
City employees often have access to important private information. If an employee is privy to confidential information, he/she may not disclose that information to any private citizen and should share it with other City employees only as appropriate. This provision applies even after an employee leaves City service.
If an employee is unsure whether an action or interest violates relevant City regulations and policies, he/she should discuss with his/her supervisor or contact OEI.
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| January 07 |
| Question: Your department management has announced that all managers will be taking training on Fostering and Promoting Open and Honest Communication, sponsored by the Office of Ethics and Integrity. You are confused.
Does open and honest communication have anything to do with ethics and integrity?
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| Total | 81 |
| Yes | 45 (56%) |
| No | 36 (44%) |
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| Answer: Yes. Fostering and promoting open and honest communication has everything to do with an organization's ethical climate. Data from research on best practices indicates that open and honest communication is a foundation for organizations with strong ethical climates. Employees in organizations with strong ethical climates are encouraged to bring up questions about ethical concerns, ethical dilemmas and ethical practices. Managers in these organizations use a leadership style that relies on leading by example and holding themselves to a high standard of performance and accountability. In environments such as these, bringing up ethical concerns is not seen as a threat. Retaliation for employees who bring up concerns is neither condoned nor practiced. Starting early in 2007, the City will be conducting training for all unclassified managers who report to the Mayor on Fostering and Promoting Open and Honest Communication. This training will be instrumental in supporting a shift toward a workforce culture that encourages constructive conversations about ethical questions, and supports employees in bringing up questions and concerns about ethical practices.
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| December 06 |
| Question: You are organizing a holiday luncheon for your division. The luncheon will be taking place at a local restaurant, during a 2-hour period which includes employees' lunch break. Employees will have three meals to choose from, as well as a beverage and desert options (employees will be paying for their own meals). You have designed an invitation and RSVP form for the party during your work hours, and have printed 100 copies on the printer at your desk. In addition, some employees will be meeting to create some gag presentations during the luncheon.
Is this an appropriate use of City resources?
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| Total | 25 |
| Yes | 13 (52%) |
| No | 12 (48%) |
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| Answer: Yes. Since this is an employee luncheon, taking place during work hours, it is an appropriate use of City resources. According to A.R. 95.60, City employees are prohibited from using, for private gain or advantage, their City time, City facilities, equipment or supplies. Even during times of critical budget constraints, it's important for departments to take time out to reward and recognize employees' hard work.
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| November 06 |
| Question: My spouse has been offered and has accepted a job with a company that does business with the City of San Diego. I may, in the future, have responsibility for reviewing a proposal submitted by this company in response to a City-issued Request for Proposal (RFP). I think this may raise conflict of interest between my City job and my personal interests.
Are there any City procedures to guide me in addressing this situation?
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| Total | 245 |
| Yes | 55 (22%) |
| No | 190 (78%) |
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| Answer: Yes. City employees must always guard against conflicts of interest. City employees should avoid situations where their official actions may affect or appear to affect their private interests, financial or non-financial. As such, each employee must immediately disclose (in writing to the Chief Operating Officer, transmitted via the employee’s department head) the nature and extent of any interest (direct or indirect) that may conflict with his/her official responsibility or duty, or which may influence a decision to the benefit of the organization/enterprise in which he/she has an interest. [A.R. 95.60, sec. 3.15]
Additional regulations regarding financial interests and use of position also apply to select employees. For additional information on those regulations, contact the City of San Diego Ethics Commission.
Employees who are unsure whether an action or interest violates relevant City regulations and policies, should discuss with their supervisor or contact the Office of Ethics and Integrity (OEI). OEI staff is available to help City employees make ethical decisions in applying the City's ethical standards to their actions.
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| October 06 |
| Question:Your supervisor recently confided to you that one of your co-workers is complaining about him. Your co-worker is claiming that your supervisor is abusing a department policy in order to benefit the supervisor's friends in the department. Your supervisor and this employee have a history of butting heads, and your supervisor told you that he has decided to ignore the complaint. Ever since then, you notice that your supervisor has been giving your co-worker less desirable assignments. In addition, your supervisor suddenly denied vacation that had been previously approved for your co-worker.
Is your supervisor's behavior acceptable? |
| Total | 42 |
| Yes | 1 (2%) |
| No | 41 (98%) |
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| Answer: No. Retaliation is prohibited by state and federal law, by City Municipal Code section 27.3573, and by Administrative Regulation 95.60. No City employee shall directly or indirectly use, or attempt to use, his or her authority or influence to intimidate, threaten, coerce, command, or influence any employee with the intent of interfering with an employees' duty to disclose improper activity. City employees are strongly encouraged to report waste, fraud, abuse and other unethical behavior by contacting the Office of Ethics and Integrity. |
| September 06 |
| Question: Your child’s school is having an auction to raise funds for to buy books for the newly-constructed library. The auction will be held in the school’s auditorium, which is full of small, child-sized chairs. Your department at work has a large supply of folding chairs and you’re considering borrowing some of the chairs for the school event. You will set up and take down the chairs, and return them to your department the next day. You've even checked the schedule and the chairs won't be used that day.
Is this allowed under City policy?
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| Total | 201 |
| Yes | 16 (8%) |
| No | 185 (92%) |
|
| Answer: No. Even though helping your child’s school is a good cause, according to Council Policy 000-4, Administrative Regulation 45.50, and Administrative Regulation 95.60, City employees are prohibited from using City facilities, equipment or supplies for private gain. Using the chairs at your child’s school fundraiser would not be an appropriate use of your department’s equipment. |
| August 06 |
| Question: You currently work for the City as Grounds Maintenance Worker. For the past two years, you and your cousin have been preparing to start your own business offering landscaping, gardening, and tree trimming work. You will work mostly on weekends and holidays to make extra cash, although in the spring and summer months you plan to work a couple of hours each day due to more hours of sunlight. You and your cousin have even started lining up jobs.
Do you need to notify the City of your outside employment?
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| Total | 30 |
| Yes | 25 (83%) |
| No | 5 (17%) |
|
| Answer: Yes. A City employee must notify and obtain written approval from his/her department director or other appropriate appointing authority prior to engaging in any outside business activities or outside employment. For additional information, see Personnel Manual Index Code G-6, sec. II; Council Policy 000-4; and A.R. 95.60, sec. 3.5. |
| July 06 |
| Question: When a position in your department opens up, your nephew is one of the top candidates for the job. He worked in a similar capacity with another organization for many years, and would be eager to join the City of San Diego. Your nephew would report to you, but you are confident you would be fair and unbiased in supervising his work. |
| Is this allowed under City regulations? |
| Total | 261 |
| Yes | 12 (5%) |
| No | 249 (95%) |
|
| Answer: No. Because hiring and supervising a relative is a special type of conflict of interest, it must be avoided. Administrative Regulation 95.60 reads, in part, "no supervisory or management employee shall directly supervise an immediate family member. Immediate family member is defined as spouse, significant other, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, step-parent, step-child". |
| June 06 |
| Question: Each day at lunch, you visit a small deli next to your work site, always getting the same sandwich. After several months, the owner notices and begins talking to you about his hopes to expand his customer base by catering to City employees. The owner asks if he can use your picture, name and official title, along with a quote from you about how delicious his sandwiches are. In exchange, he offers to name the sandwich after you. You agree, and are excited to show your colleagues your namesake sandwich. |
| Is this against City policy? |
| Total | 72 |
| Yes | 66 (92%) |
| No | 6 (8%) |
|
| Answer: Yes. As exciting as it is to have a sandwich named after you, City employees are prohibited from endorsing products for the purpose of advertisements. According to Administrative Regulation 95.65, "No City employee, in his/her capacity as a City employee, shall endorse a product or service nor comment on that product or service if it is the intent of the solicitor of the endorsement, or if the vendor or manufacturer of that product or service, to use such comments for purpose of advertisement." |
| May 06 |
| Question: The City vehicle that you drive displays a bumper sticker endorsing a candidate for the San Diego Unified School District school board. Your co-workers say you shouldn’t display this bumper sticker, because the City Charter prohibits using City resources to campaign for an elective issue. You say it’s okay because the issue related to your bumper sticker is the school district, which is not under the City’s jurisdiction. |
| Is your argument correct? |
| Total | 198 |
| Yes | 52 (26%) |
| No | 146 (74%) |
|
| Answer: No, your co-workers are correct. Among other regulations regarding political activities by City employees, the City Charter says that "No officer or employee of the City, except elected officers and unsalaried members of commissions, shall during regular hours of employment take an active part opposing or supporting any candidates in any City of San Diego political campaign." Use your personal car for campaigning! |
| April 06 |
| Question: You have recently signed your entire division up to receive a weekly newsletter from a company that advertises workplace-related inspirational products. You provided to the company the email addresses of everyone in your division, plus a few other people in other departments.
Is this against City policy?
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| Total | 422 |
| Yes | 377 (89%) |
| No | 45 (11%) |
|
| Answer: Yes |
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