Code of Ethics

Question 1

F2016

How many sections are there in the AICP Code of Ethics?

Answer 1

There are five sections: A, B, C, D, and E.

Question 2

What is in Section A of the AICP Code of Ethics?

Answer 2

Principles to Which We Aspire: Our overall responsibility to the public, clients, employers, our profession and colleagues.

Question 3

What is in Section B of the AICP Code of Ethics?

Answer 3

26 rules of conduct; failure to adhere to rules will result in sanctions and potentially loss of certification.

Question 4

What is in Section C of the AICP Code of Ethics?

Answer 4

Section C: Advisory Opinions

Our Rules of Procedure: Informal Advice, Formal advisory opinions requested by a member, Formal advisory opinions issued without request of a member, Annual report of the ethics officer.

Question 5

What is in Section D of the AICP Code of Ethics?

Answer 5

Adjudication of Complaints of Misconduct:

Filing a Complaint, Preliminary Review, Fact Gathering, Exploration of Settlement, Decision, Appeal.

Question 6

What are the forms of discipline in the AICP Code of Ethics?

Answer 6

(a) a confidential letter of admonition, (b) a public letter of censure, (c) suspension of AICP membership, or (d) expulsion from AICP.

Question 7

How is the concept of the public interest formulated?

Answer 7

Through continuous and open debate.

Question 8

Under the AICP Code of Ethics, in accepting assignments from clients or employers, what should always be avoided?

Answer 8

A conflict of interest or even the appearance of a conflict of interest.

Question 9

Under the AICP Code of Ethics, unless conditions are met, planner will not accept an assignment to publicly advocate a position that is _______________ to a position publicly advocated within the past ______________ years.

Answer 9

Under the AICP Code of Ethics, unless conditions are met, planner will not accept an assignment to publicly advocate a position that is indistinguishably adverse to a position publicly advocated within the past three years.

Question 10

Under the AICP Code of Ethics, under what conditions can planners advocate an indistinguishably adverse position within 3 years?

Answer 10

(1) we determine in good faith our change of position will not cause present detriment to our previous client or employer, and

(2) we make full written disclosure of the conflict to our previous and current client or employer.

Question 11

What does the AICP Code of Ethics require for planners to undertake other employment (even if without pay)?

Answer 11

Full written disclosure and written permission unless the employer has a written policy that expressly dispenses with the need to obtain such consent.

Question 12

Under the AICP Code of Ethics, under what conditions can planners perform work that results in direct personal or financial gain to themselves or a family member?

Answer 12

a) our client or employer, after full prior written disclosure from us, consents in writing to the arrangement; and

b) we make full disclosure of the potential conflict part on the public record at every public meeting and in all written reports related to the work

Question 13

What is a “serious crime” as defined in Section E of the AICP Code of Ethics?

Answer 13

Any crime that, in the judgment of the Ethics Committee or the Ethics Officer, involves false swearing, misrepresentation, fraud, failure to file income tax returns or to pay tax, deceit, bribery, extortion, misappropriation, theft, or physical harm to another.

Question 14

Under the AICP Code of Ethics, if the Ethics Committee determines to issue an Advisory Opinion, how long does that take?

Answer 14

If the Ethics Committee determines to issue an Advisory Opinion, it will endeavor to do so within ninety (90) days after receiving all information necessary to the provision of the opinion.

Question 15

Under the AICP Code of Ethics, where is an ethics complaint sent?

Answer 15

To the AICP Ethics Officer on a form developed by the Ethics Officer and posted on the AICP website.

Question 16

Under the AICP Code of Ethics, how long does a complainant have to appeal a decision by the Ethics Officer that no violation occurred?

Answer 16

20 days.

Question 17

Under the AICP Code of Ethics, how long does a Certified Planner have to respond to a complaint?

Answer 17

30 days, although the Ethics Officer can extend the time ‘for good cause shown’ for an additional 14 days.

Question 18

Under the AICP Code of Ethics, what is included in an appeal and when and to whom is it filed?

Answer 18

after filing appeal, party filing an appeal will have 14 days to provide the Ethics Officer with a written statement as to the basis for the appeal

Within 10 days, the Officer sends teh appeal to teh party whom the appeal is filed against

That party will have 30 days to provide a written statement on teh appeal

Ethics Officer transmits all written statements to the Ethics Committee within ten (10) days after the record is complete.

Question 19

According to the AICP Code of Ethics, what options does the Ethics Committee have upon receiving an appeal?

Answer 19

The Ethics Committee can: (1) affirm the decision of the Ethics Officer; (2) affirm the decision but impose a different remedy; (3) vacate the decision of the Ethics Officer and return the case to the Ethics Officer for additional investigation, consideration of different Code sections or issues, or any other follow up; or (4) vacate the decision of the Ethics Officer and issue its own decision.

Question 20

If AICP membership has been revoked, when can a planner petition the Ethics Committee for reinstatement?

Answer 20

Five years; if the Ethics Committee denies the petition, the planner can file a subsequent petition after twelve (12) months.

Question 21

What is the 3 Year Rule?

Answer 21

We shall not accept an assignment from a client or employer to publicly advocate a position on a planning issue that is indistinguishably adverse to a position we publicly advocated for a previous client or employer within the past three years unless

(1) we determine in good faith our change of position will not cause present detriment to our previous client or employer, and
(2) we make full written disclosure of the conflict to our previous and current client or employer.

Question 22

What year was the AICP code of ethics adopted?

2

Answer 22

2005

Then revised in 2016, 2021

Question 23

Which rules of conduct are only applicable to planners in the public sector?

Answer 23

We shall not, as public officials or employees, accept from anyone other than our public employer any compensation, commission, rebate, or other advantage that may be perceived as related to our public office or employment.

As public officials or public employees, we shall not **engage in private communications with planning process participants **if the discussions relate to a matter over which we have authority to make a binding, final determination.

Question 24

Who can seek formal vs. informal advice and to whom?

Answer 24

• Any person can seek informal advice from the Ethics Officer
• AICP members may seek formal opinion from the EC on any matter related ot the Code of Ethics and Professional Conduct
• EC may issue opinions applying the Code to ehtical matters

Question 25

How is informal advice given and by whom?

Answer 25

By the Ethics Officer and will be given orally ## Footnote Informal advice NOT BINDING on AICP; Nevertheless, the Ethics Committee will take it into consideration if the Committee is subsequently called upon to consider a charge of misconduct against a Certified Planner who relied on the advice.

Question 26

How can one seek formal advice and who is allowed?

Answer 26

* Only AICP members seek formal advice * They should send detailed description of facts and a clear statement of the question to the Ethics Officer

Question 27

Under what conditions would the Ethics Committee decline to issue an Advisory Opinion? Is the EC required to issue a reason as to why they won't issue an opinion?

Answer 27

* if it determines that the request concerns past conduct that may be the subject of a charge of misconduct * Or any other reason * NO, Comittee is not required to provide a reason for decision to not issue an opinon

Question 28

How long does the EC have ot issue an Advisory Opinion?

Answer 28

ninety (90) days after receiving all information necessary to the provision of the opinion. Every Advisory Opinion will be in writing.

Question 29

What happens if a member acts in compliance with a formal Advisory Opinion?

Answer 29

They will have a defense to a charge of misconduct that is based on conduct permitted by the Opinion

Question 30

________ examines both the positive and negative impacts of community change on all community members so that no one group or neighborhood is unfairly disadvantaged. Source: American Planning Association Planning for Equity Policy Guide, Page 5.

Answer 30

Social Justice

Question 31

A real, immediate, and ____ physical injury or a resulting adverse physical condition. Source: Lawinsider.com https://www.lawinsider.com/dictionary/substantial-injury

Answer 31

Substantial Injury

Question 32

A right, advantage, or benefit given or available to a particular person or group. Source: Merriam Webster Dictionary, Oxford.

Answer 32

Privilege

Question 33

In the planning context, one form of ____ is the absence of fair treatment and meaningful involvement. Source: American Planning Association Planning for Equity Policy Guide.

Answer 33

Injustice

Question 34

Indigenous peoples have the right to maintain and strengthen their distinctive spiritual, cultural, and material relationship to their lands, territories, and resources and to assume their responsibilities to preserve them for themselves and for future generations. This includes the right to participate in determining development plans that may affect them and the right to implement those plans. Source: Organization of American States. AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES (Adopted at the third plenary session, held on June 15, 2016), pp. 11, 13 edited.

Answer 34

Inherent Rights of Indigenous People

Question 35

An environment in which all individuals are treated fairly and respectfully; are valued for their distinctive skills, experiences, and perspectives; have equal access to resources and opportunities; and can contribute fully. Source: APA Equity, Diversity, and Inclusion Vision, Mission and Strategy Updated September 2019 American Planning Association Equity, Diversity, and Inclusion Vision Statement. Original source: American Library Association. "Equity, Diversity, Inclusion: An interpretation of the Library Bill of Rights." 2007. https://www.ala.org/advocacy/intfreedom/librarybill/interpretations/EDI

Answer 35

Inclusion ## Footnote Inclusion means that everyone has a seat at the table AND that everyone there can speak and is avlued

Question 36

Cultural minorities Ethnic minorities Indigenous communities Low-income individuals LQBTQ+ People of color People with disabilities, both visible and unsee People with limited English ability People with various political beliefs People with uncertain immigration status Parolees Senior citizens

Answer 36

Historically marginalized/underrepresented communities include (but are not limited to):

Question 37

Development ____ that result from zoning and land use planning which limit economic and social opportunity, and which concentrate environmental hazards, usually among low-income and/or communities of color. Source: American Planning Association Planning for Equity Policy Guide, Page 9 in a citation attributed to SB 1000 Implementation Toolkit: Planning for Healthy Communities, which was published in 2017 by PlaceWorks and the California Environmental Justice Alliance.

Answer 37

Historic Patterns of Inequity

Question 38

A complaint in which the identity of the complainant is unknown, or the complainant wishes to remain unknown. --- may result in no action being taken as full investigation may be hampered. Note: ---- is different than confidentiality, which is addressed separately in the Code. Source: EEOC website and https://everfi.com/blog/workplace-training/watch-out-for-these-3-types-of-workplace-harassment/

Answer 38

Anonymous Complaint

Question 39

Severe, unwelcome, and pervasive behavior. ---- may be based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history). ------- also includes retaliation towards individuals for filing a discrimination charge, testifying, or participating in any way in an investigation. Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures. [EEOC]

Answer 39

Harassment

Question 40

The fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of ------ laws, policies, and regulations. Other definitions include equitable distribution of environmental risks and benefits; fair and meaningful participation in environmental decision-making; recognition of community ways of life, local knowledge, and cultural difference; and the capability of communities and individuals to function and flourish in society. Source: American Planning Association Planning for Equity Policy Guide, Page 8.

Answer 40

Environmental Justice

Question 41

The disproportionate exposure of communities of color and the poor to pollution, and its effects on health and environment. It also includes the unequal environmental protection and environmental quality provided through laws, regulations, and governmental programs. Source: Juliana Maantay, "Mapping Environmental Injustice," Environmental Health Perspectives, Volume 110, Supplement 2, April 2002, p. 161.

Answer 41

Environmental Injustice

Question 42

A value-driven **correction of identified practices that provides access to opportunities and needed resources for disadvantaged groups and individuals**. An ----approach recognizes the lack of benefits that have accrued to minority communities as a result of past discriminatory practices. From policy guide: "just and fair inclusion into a society in which all can participate, prosper, and reach their full potential. Unlocking the promise of the nation by unleashing the promise in us all." Source: PAS Memo May/June 2019. More and Better: Increasing Diversity, Equity, and Inclusion in Planning, By Kendra L. Smith, Ph.D. Page 2.

Answer 42

Equity ## Footnote Equity is a process; you must build a culture of equity

Question 43

The inclusion of all in a manner not limited by race, ethnicity, class, gender, age, sexuality, ability, educational attainment, spiritual beliefs, creed, culture, tribal affiliation, nationality, immigration status, political beliefs, or veteran status, so as to embrace varied perspectives, experiences, backgrounds, talents, and interests in all human efforts. Source: American Planning Association Planning for Equity Policy Guide, Page 5.

Answer 43

Diversity

Question 44

improving the quality of people’s lives while living within the capacities of supporting natural and human systems

Answer 44

APA definition of Sustainability

Question 45

Sustainability is development that meets the needs of the present without compromising the ability of future generations to meet their own needs

Answer 45

Bruntland Report for the World Commission on Environment and Development (1992)

Question 46

nolo contendere

Answer 46

a plea by which a defendant in a criminal prosecution accepts conviction as though a guilty plea had been entered but does not admit guilt.