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Flashcards in Code Of Ethics Deck (35):
1

What are the five parts of the AICP Code of Ethics

A) principles to which we aspire
B) rules of conduct
C) advisory opinions
D) adjudication of complaints of misconduct
E) discipline of members

2

Principles to which we aspire

1) overall responsibility to the public - public interest, involvement
2) responsibility to clients and employers
3) responsibility to profession and colleagues

3

How many rules of conduct and what are the general topics?

26 rules in conflict of interest, accurate information, and Code procedures

4

Which entity will decide on an appeal of a misconduct charge?

AICP ethics committee

5

How can advice on ethics issues be sought?

Advisory opinions. 1) informal advice can be sought by anyone from the Ethics Officer. 2) A formal advisory opinion can be sought by members from the Ethics Committee. 3) Annual report from Ethics Officer to AICP Commission.

6

13. We shall not sell, or offer to sell, services by _________.

13. We shall not sell, or offer to sell, services by STATING OR IMPLYING AN ABILITY TO INFLUENCE DECISIONS BY IMPROPER MEANS.

7

19. We shall not fail to disclose the interests of _________. Nor shall we participate in an effort to ________.

19. We shall not fail to disclose the interests of OUR CLIENT OR EMPLOYER WHEN PARTICIPATING IN THE PLANNING PROCESS. Nor shall we participate in an effort to CONCEAL THE TRUE INTERESTS OF OUR CLIENT OR EMPLOYER.

8

3. 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 after consultation with other qualified professionals that __________, and (2) we __________ to our current client or employer and receive written permission to proceed with the assignment.

3. 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 after consultation with other qualified professionals that 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 current client or employer and receive written permission to proceed with the assignment.

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14. We shall not use the power of any office to ______.

14. We shall not use the power of any office to SEEK OR OBTAIN A SPECIAL ADVANTAGE THAT IS NOT A MATTER OF PUBLIC KNOWLEDGE OR IS NOT IN THE PUBLIC INTEREST.

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12. We shall not misstate our __________ which are relevant to our professional qualifications.

12. We shall not misstate our EDUCATION, EXPERIENCE, TRAINING, OR ANY OTHER FACTS which are relevant to our professional qualifications.

11

25. We shall neither deliberately, nor with reckless indifference, __________, that reflects adversely on our professional fitness.

25. We shall neither deliberately, nor with reckless indifference, COMMIT ANY WRONGFUL ACT, WHETHER OR NOT SPECIFIED IN THE RULES OF CONDUCT, that reflects adversely on our professional fitness.

12

9. We shall not engage in private discussions with decision makers in the planning process in any manner __________.

9. We shall not engage in private discussions with decision makers in the planning process in any manner PROHIBITED BY LAW OR BY AGENCY RULES, PROCEDURES, OR CUSTOM.

13

18. We shall not direct or coerce other professionals to __________.

18. We shall not direct or coerce other professionals to MAKE ANALYSES OR REACH FINDINGS NOT SUPPORTED BY AVAILABLE EVIDENCE.

14

20. We shall not __________ another person.

20. We shall not UNLAWFULLY DISCRIMINATE AGAINST another person.

15

11. We shall not solicit prospective clients or employment through __________ .

11. We shall not solicit prospective clients or employment through use OF FALSE OR MISLEADING CLAIMS, HARASSMENT, OR DURESS

16

15. We shall not accept work beyond our professional competence unless the client or employer __________.

15. We shall not accept work beyond our professional competence unless the client or employer UNDERSTANDS AND AGREES THAT SUCH WORK WILL BE PERFORMED BY ANOTHER PROFESSIONAL COMPETENT TO PERFORM THE WORK AND ACCEPTABLE TO THE CLIENT OR EMPLOYER.

17

23. We shall not use the threat of __________, an advantage in dealings with another planner.

23. We shall not use the threat of FILING AN ETHICS CHARGE IN ORDER TO GAIN, OR ATTEMPT TO GAIN, an advantage in dealings with another planner.

18

What does the Annual AICP Ethics Report contain and who authors it?

A summary of all formal Advisory Opinions and interpretations of the Code issued during the preceding calendar year. The Ethics Officer provides this report to the Ethics Committee and AICP Commission.

19

If the complaint is dismissed, the complainant has ___ days to appeal to the __________.

If the complaint is dismissed, the complainant has TWENTY days to appeal to the ETHICS COMMITTEE.

20

The __________ must provide the __________ response to the __________ within ___ days.

The ETHICS OFFICER must provide the RESPONDENT'S response to the COMPLAINANT within FOURTEEN days.

21

Either party may appeal a decision of the Ethics Officer within ___ days.

Either party may appeal a decision of the Ethics Officer within THIRTY days.

22

7. We shall not use to our personal advantage, nor that of a subsequent client or employer, information __________ . Nor shall we disclose such confidential information except when __________ . Disclosure pursuant to (2) and (3) shall not be made until after we have verified the facts and issues involved and, when practicable, exhausted efforts to obtain reconsideration of the matter and have sought separate opinions on the issue from other qualified professionals employed by our client or employer.

7. We shall not use to our personal advantage, nor that of a subsequent client or employer, information GAINED IN A PROFESSIONAL RELATIONSHIP THAT THE CLIENT OR EMPLOYER HAS REQUESTED BE HELD INVIOLATE OR THAT WE SHOULD RECOGNIZE AS CONFIDENTIAL BECAUSE ITS DISCLOSURE COULD RESULT IN EMBARRASSMENT OR OTHER DETRIMENT TO THE CLIENT OR EMPLOYER. Nor shall we disclose such confidential information except when (1) REQUIRED BY PROCESS OF LAW, OR (2) REQUIRED TO PREVENT A CLEAR VIOLATION OF LAW, OR (3) REQUIRED TO PREVENT A SUBSTANTIAL INJURY TO THE PUBLIC. Disclosure pursuant to (2) and (3) shall not be made until after we have verified the facts and issues involved and, when practicable, exhausted efforts to obtain reconsideration of the matter and have sought separate opinions on the issue from other qualified professionals employed by our client or employer.

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24. We shall not fie a _____ against another planner.

24. We shall not file a FRIVOLOUS CHARGE OF ETHICAL MISCONDUCT against another planner.

24

1. We shall not deliberately or with reckless indifference fail to provide __________ information on planning issues.

1. We shall not deliberately or with reckless indifference fail to provide ADEQUATE, TIMELY, CLEAR AND ACCURATE information on planning issues.

25

21. We shall not withhold __________ if a charge of ethical misconduct has been filed against us.

21. We shall not withhold COOPERATION OR INFORMATION FROM THE AICP ETHICS OFFICER OR THE AICP ETHICS COMMITTEE if a charge of ethical misconduct has been filed against us.

26

22. We shall not retaliate or threaten retaliation against __________, or who is cooperating in the ethics officer's investigation of an ethics charge.

22. We shall not retaliate or threaten retaliation against A PERSON WHO HAS FILED A CHARGE OF ETHICAL MISCONDUCT AGAINST US OR ANOTHER PLANNER, or who is cooperating in the Ethics Officer's investigation of an ethics charge.

27

17. We shall not use the product of others' efforts to __________ intended for producers of original work.

17. We shall not use the product of others' efforts to SEEK PROFESSIONAL RECOGNITION OR ACCLAIM intended for producers of original work.

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6. We shall not perform work on a project for a client or employer if, in addition to the agreed upon compensation from our client or employer, there is a possibility __________ , unless our client or employer, after full written disclosure from us, consents in writing to the arrangement.

6. We shall not perform work on a project for a client or employer if, in addition to the agreed upon compensation from our client or employer, there is a possibility FOR DIRECT PERSONAL OR FINANCIAL GAIN TO US, OUR FAMILY MEMBERS, OR PERSONS LIVING IN OUR HOUSEHOLD, unless our client or employer, after full written disclosure from us, consents in writing to the arrangement.

29

26. We shall not fail to immediately notify the Ethics Officer by both receipted Certified And Regular First Class Mail if __________; nor immediately following __________ until our membership is reinstated by the AICP Ethics Committee pursuant to the procedures in Section E of the code

A.
26. We shall not fail to immediately notify the Ethics Officer by both receipted Certified And Regular First Class Mail if WE ARE CONVICTED OF A "SERIOUS CRIME" AS DEFINED IN SECTION E OF THE CODE; nor immediately following SUCH CONVICTION SHALL WE REPRESENT OURSELVES AS CERTIFIED PLANNERS OR MEMBERS OF AICP until our membership is reinstated by the AICP Ethics Committee pursuant to the procedures in Section E of the code.

30

The __________ has ___ days to make a preliminary determination after receiving a complaint against an AICP planner.

The ETHICS OFFICER has THIRTY days to make a preliminary determination after receiving a complaint against an AICP planner.

31

If the __________ determines a violation may have occurred, the complaint must be provided to the respondent within ___ days.

If the ETHICS OFFICER determines a violation may have occurred, the complaint must be provided to the respondent within THIRTY days.

32

The Ethics Officer may impose what disciplinary actions if a violation has occurred?

Confidential letter of admonition
Public reprimand
Suspension of AICP membership
Expulsion from AICP

33

16. We shall not accept work for a fee, or pro bono, __________, or that is required by the circumstances of the assignment.

16. We shall not accept work for a fee, or pro bono, THAT WE KNOW CANNOT BE PERFORMED WITH THE PROMPTNESS REQUIRED BY THE PROSPECTIVE CLIENT, or that is required by the circumstances of the assignment.

34

4. We shall not, as salaried employees, __________, without having made full written disclosure to the employer who furnishes our salary and having received subsequent written permission to undertake additional employment, unless __________.

4. We shall not, as salaried employees, UNDERTAKE OTHER EMPLOYMENT IN PLANNING OR A RELATED PROFESSION, WHETHER OR NOT FOR PAY, without having made full written disclosure to the employer who furnishes our salary and having received subsequent written permission to undertake additional employment, unless OUR EMPLOYER HAS A WRITTEN POLICY WHICH EXPRESSLY DISPENSES WITH A NEED TO OBTAIN SUCH CONSENT.

35

10. We shall neither deliberately, nor with reckless indifference, __________ of other professionals.

10. We shall neither deliberately, nor with reckless indifference, MISREPRESENT THE QUALIFICATIONS, VIEWS AND FINDINGS of other professionals.