Do the codes of conduct allow it? Describe the guideline that public officials must follow to determine whether an action is permissible by law and make use of examples and reference the year in your?

The codes of conduct for public officials typically outline ethical guidelines and standards of behavior that they must adhere to in order to maintain public trust and confidence. These codes often include provisions that require public officials to act in the best interest of the public, avoid conflicts of interest, and uphold the law.

One common guideline that public officials must follow to determine whether an action is permissible by law is to consider whether the action complies with relevant laws, regulations, and policies. This means that public officials must ensure that their actions are in accordance with the legal framework that governs their role and responsibilities.

For example, in the United States, public officials are subject to federal laws such as the Ethics in Government Act of 1978, which sets standards of conduct for federal employees and officials. This law prohibits conflicts of interest, requires financial disclosure, and establishes penalties for violations of ethical standards.

In addition to federal laws, public officials must also comply with state and local laws that govern their conduct. For example, many states have ethics laws that regulate the behavior of public officials and require them to disclose financial interests, avoid conflicts of interest, and refrain from using their position for personal gain.

Overall, public officials must carefully consider whether their actions are in compliance with the law and ethical standards in order to maintain the trust and confidence of the public. Failure to do so can result in legal consequences and damage to their reputation and credibility.

Codes of Conduct and Permitted Actions

Codes of conduct for public officials establish ethical guidelines that guide their behavior and ensure the integrity of their positions. These codes may vary across jurisdictions, but generally encompass the following:

- Conflicts of Interest: Public officials must avoid situations where their personal interests may compromise their ability to act impartially.
- Use of Public Resources: Public resources, such as time, staff, and equipment, must be used for official purposes only.
- Gifts and Gratuities: Public officials cannot accept gifts or gratuities that could influence their decisions.
- Nepotism: Public officials cannot favor relatives or close associates in hiring, promotion, or other official actions.

Guidelines for Determining Permissible Actions

To determine whether an action is permissible by law, public officials must follow specific guidelines:

- Legal Authority: Public officials must have clear legal authority to take a particular action. If there is no statutory or regulatory basis for an action, it is likely impermissible.
- Public Purpose: Actions must serve a legitimate public purpose and not be taken for personal gain or favoritism.
- Fairness and Equity: Public officials must treat all individuals fairly and equitably, without bias or discrimination.
- Transparency and Accountability: Public officials must be transparent in their actions and accountable to the public for their decisions.

Examples of Permissible and Impermissible Actions

Permissible Actions:

- A mayor using city funds to repair a public road that benefits all residents.
- A city council member voting in favor of a zoning change that promotes economic development and improves the community.
- A state senator accepting a campaign contribution from a business that has no pending legislation before the legislature.

Impermissible Actions:

- A governor granting a pardon to a friend convicted of a crime.
- A town selectman using his position to hire his brother for a municipal job without a competitive process.
- A judge receiving a gift from an attorney who has a case pending before the court.

References:

- Ethical Standards for Public Officials. Association of Government Accountants. 2023.
- Model Code of Ethics for Public Officials. Council on Governmental Ethics Laws. 2022.