1 Part 4 Professional Ethics CPP Professional Ethics

1 Part 4 Professional Ethics CPP: Professional Ethics 2010

Planning ethics. . . Personal values/ ethics Professional values/ethics Organisational values/ethics 2

Planning ethics. . . Personal values/ ethics Professional values/ethics Organisational values/ethics 3

In Part 4… • • • Definition of a profession Criteria of a profession Is planning a profession? Professionalism The ethics of self-regulation PIA Code Ethical stands by planners I’ll teach you how it really works I got offered two bribes 4

Professional. . . Professional values and ethical stances developed via tighter range of influences: • • • School/training Work experiences Interaction and debate with colleagues Professional bodies (PIA, for example) Professional codes of conduct 5

Profession: a definition “… a community of people bounded by the activities they perform, committed to ethical standards, and founded on a common theoretical body of knowledge acquired through formal education. ” 6

Profession: 4 criteria 1. a common body of knowledge • resting on theoretical base • • well-developed widely accepted 2. a system for certifying individuals possess such knowledge • • before being licensed or otherwise allowed to practice 7

Profession: 4 criteria 3. commitment to use specialized knowledge for the public good • • renunciation of goal of profit maximization in return for professional autonomy & monopoly power 4. code of ethics: • • provisions for monitoring individual compliance system of sanctions for enforcing it Khurana, Nohria & Penrice Harvard Business School Op-Ed: “Is Business Management a Profession? ”, 21 February 2005. 8

Is planning a profession? 9

Professionalism: CPP • Places planners on par with other professions in design & construction • Architects and engineers: national registration or accreditation schemes 10

Professionalism: CPP • Visible indicator to industry and community of planners’ accreditation: • • • Achieved nationally recognised professional standard committed to upgrading planning skills and professional competency Increases recognition of skills & training in obtaining & maintaining highest levels of planning competency & professionalism 11

Professionalism 1 Form of licensing 2 objectives: 1. Members have acquired necessary skill and knowledge to call themselves professionals 2. Sense of occupational identity committed to professionalism 12

Professionalism 2 A recognised profession acquires an exclusive franchise, or a monopoly, sometimes supported by law Specialist knowledge => paid more => could lead to unscrupulous practices Principles oriented towards others’ interests rather than self-interest. 13

The ethics of self-regulation 1 Control by a governing body over its membership and activities of its members through: • entry qualifications • quality assurance • rules. Rules embodied in a code of professional conduct. 14

The ethics of self-regulation 2 Motivation for self-regulation: 1. Preserves (enhances) members’ ethical & professional standards for benefit & protection of the public 2. Used to enhance occupational prestige & self-interest 15

Professional Code of Ethics A professional code of ethics: • enforced by the profession • acknowledged and • accepted by the community 16

PIA Code Contents 1. 2. 3. 4. 5. 6. 7. Professional Standards Conflicts of Interest Confidentiality and Disclosure True Professional Opinion Professional Competence Marketing of Services Fair Competition 17

The PIA Code 1 3. 1 Professional Standards: eg… “Members shall seek to ensure that all persons who may be affected by planning decisions have the opportunity to participate in a meaningful way in the decision making process” 3. 2 Conflicts of Interest: eg… “Members shall not act in circumstances where there is a potential conflict between their own private interest and the interest of their client or public interest” 3. 3 Confidentiality and Disclosure: eg… “Members shall keep confidential all information provided to them during the course of their work, and shall not disclose or use that information for their own benefit, nor disclose it to any third party, except…” 18

The PIA Code 2 3. 4 True Professional Opinion: eg… “Members shall not provide advice which, in similar circumstances, is materially inconsistent with that previously given to the same or another client” 3. 5 Professional Competence: eg… “Members shall take all reasonable steps to maintain their professional competence while working in the planning profession and in doing so shall have regard to the advice and requirements of the Institute” 19

The PIA Code 3 3. 6 Marketing of services: eg… “Members shall not claim or accept credit for work for which the member has not been responsible either directly as its author or as a principal directing the author” 3. 7 Fair Competition: eg… “Members shall not induce a breach of contract or solicit work from another member who has been engaged to carry out a commission” 20

Enforcing the PIA Code PIA Conduct and Discipline Panel of Divisional Committee Disciplinary options may be applied to someone proven to have breached the Code: 1. Caution member about future conduct 2. Reprimand member 3. Suspend member 4. Terminate membership 21

Small Group Activity Consider Wendy’s story of the resident in Redfern in the early 1980 s who allegedly burned down his own house 22

Do Planners know about their Codes? While some American planners were probably aware that their respective planning organizations adopted ethics codes on the 1980 s, few probably knew what was in those codes (Jerome Kaufman 1990: 29) 23

Reason for Lack of Relevance of Codes Sue Hendler (1990) argues: • lack of participation of practicing planners in their conception • development of Statements of Ethics not a shared project • Beyond issues of ownership and application of Codes, other challenges to liberal approaches to planning ethics… 24

Are Codes Enough? “I value the importance of discussion and debate in the profession. And I think that professional institutes and other aligned bodies should be doing that and I don’t think there is enough discussion and debate… Female Consultant Planner, interviewed by Cook, 1998 25

Are Codes Enough? “Even in this office there isn’t enough discussion and debate about things that are happening in planning. I value that because I think, as I get older, I am becoming a bit more entrenched in my views. ” Female Consultant Planner, interviewed by Cook, 1998 26

Cultural Bias in Codes Donna Ferretti, University of South Australia: PIA Code founded on culturally specific fundamental principles “that are firmly attached to a white, anglosaxon, protestant and primarily masculine society”, although that cultural specificity is not acknowledged in the Code. 27

Ethical Stands by Planners 1 I did my individual planning study on the impacts of rural living on the viability of primary production in the Adelaide Hills — one of the values which underpins my planning practice is, "The right of farmers to farm and the need to protect good quality agricultural land in peri urban areas. ” 28

Ethical Stands by Planners 2 So when I first went to HASSELL in 1992 and they were working for a developer who wanted to create rural living lots east of Mount Barker, I had to explain why I wouldn't be able to work on that project (that position was supported). Angela Hazebroek 2004 29

Ethical Stands by Planners Was this a courageous move? Any similar examples? 30

Planners’ Ethical Stories 31

Speaking to planners. . . 1 • confusion between values and ethics • due to: • competing sets of ethical demands • personal ethics vs. professional ethics • or planning ethics vs. corporate ethics of organisations they work for … • pressures of working in political environments • many stakeholders applying pressure on 32 individual planner’s ethics

Speaking to planners 2000 • lack of guidance from profession regarding professional ethics • lack of training and discussion opportunities about ‘planning ethics’ • feeling of not having ownership or control over values and ethics. Cook and Sarkissian 2000 33

Marcuse’s 9 Ethical Prescriptions of Planning 1. Allegiance 2. Autonomy 3. Knowledge and competence 4. Guild loyalty 5. Concern for the public interest 6. Dissent 7. Loyalty 8. Advancement of knowledge 9. Statutory responsibilities 34

Two ethics stories from Wendy. . . 1. The developer, the paper bag and the foot race 2004 2. Conned by a Koala, 1998 35

I’ll teach you how it really works. 36

I’ll teach you how it really works… The Mayor [at my last position] was in business and he was going to teach me how it works, how it ‘really works’. Like: “This is Mr So and he wants to develop a whatever…. I’ll leave him in your capable hands. ” 37

I’ll teach you how it really works… Smiles. Everybody’s nicely smiling. When I come up and say, “I don’t think this is a good idea”, well, you know, I’d get: “Come into my office”. And from there all sorts of things would happen on the project, behind closed doors. . . And the Mayor said, “We can agree now that it didn’t happen. ” I mean!! It was out of a movie!! Male local government planner, ACT (interviewed by Cook, 1998) 38

I got offered two bribes in Sydney. 39

I got offered two bribes in Sydney. One was an industrial complex… and the bloke wanted approval to do what he wanted to do there, approval to use it without even supplying all the infrastructure. I was offered this envelope and I just let it fall on the ground. Male local government planner, New South Wales (interviewed by Cook, 1998) 40

I got offered two bribes in Sydney. And the other one …I was offered $5, 000 by the bloke. He had this bloke with him who wanted to open a French restaurant. And the little shop was one door from the corner of the side street. And he couldn’t provide enough parking, and we said he couldn’t do it, and he said, “Will this help? ” Five thousand dollars each. And we said “no that’s no good. You need more parking. ” [Laughs] I said, “You’d need at least $1 million to get to approval. ” 41

Nobody earns money by saying no. 42

“If we all thought like you, the planet wouldn’t be in such a foul mess. Unfortunately, nobody earns money by saying ‘no’. And after all money is our god. ” Male landscape architect, New South Wales (surveyed by Sarkissian, 1995) 43

In summary… • • • Definition of a profession Criteria of a profession Is planning a profession? Professionalism The ethics of self-regulation PIA Code Ethical stands by planners I’ll teach you how it really works I got offered two bribes 44

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