Appearance Standard

1. Does the "appearance" standard in the Ethics Code mean that I can be punished for violating the Code whenever it appears that I am doing something unethical?
   
   Answer: Yes, if it would appear to a reasonable person, with knowledge of all the relevant facts, that you acted unethically, then you could be found to be in violation of the Code. The appearance standard in the Code is intended to promote the public's trust and confidence in the work of City employees. This standard emphasizes the importance of acting in ways that are ethical in appearance as well as in fact.
   
   The appearance standard encourages employees to see a situation from another's point of view. Employees should ask, "Could someone else think what I am doing is a violation of the Code?"
   
   For example, under the Code you must disqualify yourself from official actions when your private activities would appear to conflict with your work responsibilities or would appear to impair your judgment.
   
   Here is an example of an actual conflict of interest: A City project manager is asked to oversee a contract with the employee's spouse's company. Marriage partners have an interest in each other's earnings. Therefore, the employee has an interest (through the spouse) in the contract with the City.
   
   This is an actual conflict of interest because the employee is managing a contract in which he or she has an interest through the spouse. The employee must not oversee the contract or be involved with any City decisions related to the contract.
   
   Here is an example of an appearance of a conflict of interest: A City employee is on an interview panel and a City job. The employee's adult child, who does not live with the employee and is not a dependent of the employee, is a candidate.
   
   Even if the child is the best candidate and is hired for the position, it would appear to a reasonable person that the child was hired because the parent was on the selection panel. To avoid an appearance of conflict, the parent must not be on the selection panel if the child is a candidate.

For the Ethics Code regulations about the "Appearance Standard"
see SMC 4.16.070 or contact the SEEC for advice.