Elected officials and employees of a public agency are required to operate at a higher level of ethical standards. Why? They are entrusted with the spending of taxpayer money and making operational decisions within a public agency that affect the overall community and the education of our children. For this article’s purpose, the focus is on the Alamogordo Public Schools and the APS School Board and their actions. Are these elements of integrity, care, and ethics the mainstay of APS? Have their actions proven trustworthy, fair, and transparent? You can decide.
In The Institute for Local Government, Public Service Ethics titled “Fiduciary Duties and Public Service” it says, “A person acting in a fiduciary capacity is held to a high standard of honesty and full disclosure. When the public places power in the hands of its public officials, the public relies on officials to exercise that power prudently. Indeed, the definition of “trust” is to rely on the integrity, strength, and ability of a person or thing.” “The same can be said when one becomes an employee of a public agency.”
It continues, “The law speaks in terms of a fiduciary using his or her “best efforts” on behalf of those served. This typically means using all possible skill, care, and diligence when acting on behalf of those served. In the case of public servants, the task is for public officials to use their best skills, care, and diligence in serving the public. That means educating oneself about the issues facing the community — talking to the community, staff, and other experts, as well as reading relevant reports and studies. It also means being diligent in preparing for and attending meetings. Ultimately, it means making decisions that reflect one’s best judgment on what course of action will produce positive results for the community.”
Abiding by these guidelines include:
Duty of Care – Make decisions in good faith in a reasonably prudent manner
Duty of Loyalty – Should not put other interests, causes, or entities above the interests of stakeholders
Duty to Act in Good Faith – Decide the best option to serve its stakeholders
These responsibilities involve actions that are both ethical and legal.
In an article from St Mary’s University School of Law by Vincent R Johnson titled “The Fiduciary Obligations of Public Officials” it states “Regardless of whether specific rules of government ethics have been adopted, public officials have a broad fiduciary duty to carry out their responsibilities in a manner that is faithful to the public trust that has been reposed in them. The duties of public officials may extend beyond minimal compliance with codified ethics rules. Even if no ethics code has been adopted, or if no code provision is on point, public officials must act in a manner that comports with their common law fiduciary‑duty obligations.”
Additionally, an article, “Unavoidable Ethical Dilemmas for Public Officials” by Hana Callaghan lists numerous categories of ethical and legal questions pertinent to elected officials. These include:
Dilemmas Involving Fairness: What matters potentially influence your ability to work in the public interest and represent all constituents equally and fairly?
Dilemmas Involving Conflicts between Personal Interests and the Public’s Interest: Do you have personal interests that conflict with your duty of loyalty to the public you have been elected to serve?
Dilemmas Involving the Faithful Execution of your Official Duties: Can you competently fulfill the responsibilities of your office?
Dilemmas Involving Acting with Integrity: Do you conduct yourself honestly and with the integrity expected from public officials?
Dilemmas Involving Accountability: To maintain the public trust do you act in a manner that is transparent and accountable to your constituents?
In “Everyday Ethics for Local Officials Fiduciary Duties and Public Service” the article discusses the necessity of truthful transparency. “Governmental transparency laws are an example of the public’s trust-but-verify attitude toward public institutions. Such transparency laws include open meeting requirements that decision-making must occur in meetings where the public can attend and participate. Another example is the requirement that public records be open and accessible to public review.”
For several years parents and community members have sensed there were major problems within the Alamogordo Public Schools but the issues were hidden. Transparency is seriously needed to define the problems to allow for correction. Based on information coming to the forefront, could the lack of these principles be part of the problem? Without the guide star of right and wrong, it becomes easier to compromise to achieve one’s goals at all costs. If all actions are based on integrity and ethical decisions, there is no need to hide actions or employ attorneys to defend decisions.
