Poor judgment is not unethical! Ethics Moment September 2007

The August Ethics Moment reported a case in which a city manager candidate, let’s call him Bob, with-held information about an investigation into an allegation that he abused his terminally ill wife. After two separate formal investigations failed to uncover evidence of abuse, the State Attorney declined to prosecute.

When Bob was asked by the search firm, “If we conducted a thorough background check on you, would we find anything in your background which might embarrass a future employer?” he replied “no.” Bob touted his lengthy experience as a highly successful city manager and proudly proclaimed his commitment to ethics and integrity. He won the favor of the City Commission but on the day a contract was to be offered, the abuse allegation surfaced in the local media. The City Commission called an emergency meeting and decided to postpone the job offer until it had conducted its own background investigation. A three member committee, which included Commissioner Kent, the Director of HR, and a representative of the Police Department, was formed and traveled to the community where Bob had served as the city manager for four years.

After visiting the community and meeting with former and current town council members, the town manager who was assistant town manger under Bob, the President of the Chamber of Commerce, a police sergeant, and the town attorney, the committee reported that “we have no concerns about his honesty or integrity.” Commissioner Kent summed up his thoughts to the City Commission by stating, “Bob exercised poor judgment as a candidate who sold himself on honesty, integrity and character, but that is not a sufficient reason to not offer a contract. Poor judgment is not an unethical act.”

The City Commission voted 4-1 to approve Bob’s $170,000 a year contract. “Congratulations Bob,” said Commissioner Ann, “we want you here as soon as possible.”

Meanwhile, commissioners decided to withhold the final payment to the head hunter until the city attorney determined whether or not they could penalize the firm in some way for not conducting a through background investigation.

This is a hypothetical case based on a real case reported in the Sarasota Herald-Tribune June 13 & 19, 2007.