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If you have ever been asked to put together a Code of
Conduct, you'll know just how tricky it can be. As I
mentioned in the introduction, Ethics is interesting because
it has no shallow end…
It is true that 'the simpler, the better', and 'keep it practical' are good guiding principles for writing a Code of Conduct, but that just gets you back to the simplest Code of all - 'Act towards others as you would want them to act towards you, in similar circumstances'.
That is a reasonably practical place to start, of course, and you will already find various versions of it in writings on Ethics. Everywhere from Confucius and my old mate Aristotle, to the New Testament, Immanuel Kant, and John Rawls. You will also find this basic principle buried in many of the modern Codes and readings in this Series. The trouble is, as a guide to making decisions on more complicated matters, most people find that it does not go far enough.
I find it helps to remember that a Code of Conduct is just a means to an end - a tool, if you like. The basic purpose of a Code is practical: to help people do well at what is expected of them in a particular role or function.
In the end, a public sector Code of Conduct is to help public servants to be better public servants, not better people.
So here are a few tips I have picked up in my travels -
1 Keep it simple.
Do not try to cover every possible situation. Five to seven fundamental Big Principles, and their general applications, are all that most people can remember. And it is all you need. Seventy-five pages of detailed rules discourage everything but blind rule-following. Instead, encourage people to think about how they might apply the Code in their workplaces, (as the Reading by Alan Woodward in this Series suggests), because there is no way you can expect to write a rule for everything.
2 Keep it relevant.
Be clear about what specific outcomes you are trying to achieve. Be especially clear about conduct and relationships which impact on the organisation's reputation for integrity. The sort of advice you might provide to new recruits is generally not useful to senior managers. (The Readings by Carolyn Blanchett and Professor Cooper in this Series are a good start on this problem). Your Code will be read, and applied to your organisation, by your other audiences - the public, the private sector, your competitors, the regulatory agencies, and your critics. And another thing: do not ask for perfection if it is not really necessary - you will just discourage people.
3 Keep it clear.
Words matter, especially if your Code is connected (as it should be) to the organisation's performance management or disciplinary processes. Competence in using the language and ideas of Public Sector Ethics takes a bit of technical skill and practice - like playing a musical instrument, (as Professor Michael Jackson reminds us in the Readings). For example - 'disinterested' does not mean the same as 'uninterested'. Not all 'conflicts of interests' are the same. 'Corruption' is not limited to financial dealings, and, like 'negligence', may have precise statutory definitions and common usage meanings at the same time. Know what you mean to say.
4 Keep it inclusive.
Most Codes fail because they are written by managers and imposed on lower-level employees. A Code of Conduct should be seen as an organisation's way of saying 'this is the way we are going to do things around here, as of now, at all levels in this organisation'. (See the Reading by Simon Longstaff in this Series for more on how to do this in practice). Public sector Codes also need to deal with the rights, interests and legitimate expectations of the clients and customers of government, citizens, service-provision partners, politicians, Ministers and the Government of the day. Not to mention the impact of abstract ideas such as 'accountability', 'the public interest', social capital, due process, risk management, substantive fairness, 'professionalism', transparency, and probably a thousand-and-one other things… If this means that you end up with a rather large document, do not despair: a good index will help readers to find what they need when they need it. No-one is going to read it like a novel.
5 Keep it public.
If you mean what you say about your ethics, say it to the whole world! This may surprise some, and will encourage the rest (to borrow a truth from Mark Twain). Public trust comes from public performance, not from secrets, weasel-words and fudges.
6 Keep it connected.
'Everything is connected to everything else' as the great Schumacher once said (just after he said 'There is no such thing as a free lunch'. So it must be true). Make sure that the organisation is ready to practice what it preaches in its Code of Conduct, at all levels. Conversely, people who disregard the Code in their management practice should not thrive. Ethical performance and leadership should be recognised appropriately by the organisation: what is appropriate will depend on the circumstances. (The various Readings in this Series by John Uhr are a help with this). As far as possible, ensure that training and development strategies, administrative policies and procedures, personnel management practices, disciplinary sanctions, performance management systems, and the organisation's business values, are clearly connected with the Code of Conduct. Nothing in this world can destroy an organisation's Code of Conduct as quickly or as completely as its senior management can.
7 Keep it fresh.
Ethics standards change, as communities change. New ethical and professional problems arise as technology turns the impossible into the everyday. New ethical standards may be set according to the resources available. The trust relationship which is basic to public sector ethics is unlikely to change in principle, but its application to particular changing circumstances will require continuing skill, insight, and understanding. (The Readings in this Series by Tom Sherman and Professor Finn are relevant here.) Review your Code at least every two years, in consultation with those to whom it applies, and include the community at large.
So there it is, except for one last thing. As the lawyers keep telling us - 'circumstances alter cases'. So your Code needs to aim to be black-and-white about the stuff that people should get right, while still allowing for shades of grey. This is the real world.
Like I said, Ethics has no shallow end…