Ethics, Accountability and Corruption : A Report

Public Administration 208Philippine Administrative System1st Sem AY 2015-2016

Estrella A. CruzM L I S 2 0 1 4 - 8 9 9 6 4

Ethos  is a Greek word that forms the root ethikos (ἠθικός), meaning "moral, showing moral character". Used as a noun in the neuter plural form ta ethika (τὰ ἠθικά), used for the study of morals, it is the origin of the modern English word ethics.

- branch of philosophy that involves systematizing, defending, and recommending concepts of right and wrong conduct.

- are the basic concepts and fundamental principles of decent human conduct. It includes the study of universal values such as the essential equality of all men and women, human or natural rights, obedience to the law of land, concern for health  and safety and, increasingly, also for the natural environment. www.businessdictionary.com/definition/ethics.htmhttps://en.wikipedia.org/wiki/Ethics_in_public_administration

- system of accepted belief, mores and values which influence human behavior; principles that govern a person’s or a group’s behavior

Ethical FrameworksBureaucratic

Ethos associated with historical mode of modern public administration has profound influence over the entire field of public administration (Waldo, 1980) championed by several sources Weber – rational principles were clearly explained (Weber, 1946); Wilson – in the dichotomy of politics and administration, where rationalization is created for the adoption of the ethos as behavioral norms in political context (Wilson, 1887); F.W. Taylor in the theory of scientific management raises the use of efficiency to the level of moral imperative (Taylor, 1967); the scholarly works of Frank Goodnow and Wilson F. Willoughby, where the salience of bureaucratic ethos is found to be consistent with the study of comparative administration issue (Goodnow, 1903; Willoughby, 1937)

Social Origins

Ethical FrameworksBureaucratic Ethos

Numerous and cross-culturalsocial Christianity, late 19th century, its close association with the early municipal reform movement and progressive political leaders, played an important role in its development; sought to justify social change in terms of Christian doctrine; imbued with a “social gospel” that offered reform of social institution as the key to personal moral salvation; its rhetoric was to have an influence on public administration’s definition of “good life”.progressive political movement -- embraced bureaucratic principles like efficiency, heirarchy/centtralization, and expertise in its quest for an improved public planning and service delivery. the scientific management movement -- launched by the work of Frederick Winslow Taylor; sought to place economic activity on a scientific basis by eliminating tradition and convention in favor of measurement and codified knowledge.

Ethical FrameworksBureaucratic Ethos social science movement – both a pre- and post-World War I phenomenon; tied to the failures and successes of progressives. was sought to separate progressivism from earlier reform and social gospel movements; leading intellectuals such as Charles Merriam (political science) and Wesley Mitchell (economics) sought to imbue their respective disciplines with objective instruments of social observation and analytical techniques that aims to provide a mechanism for organizing research and coordinating it among allied fields (Karl, 1974). Herbert Simon’s seminal work entitled “Administrative Behavior” clearly explains the process of vertical value integration that should take place in the organizational context against a backdrop of instrumental rationality. “Through the heirarchical structure of ends, behavior attains integration and consistency, for each member of a set of behavioral alternatives is then weighed in terms of comprehensive scale of (organizational) values -- the ultimate end” (1947, p. 63)

Ethical Frameworks Democratic Ethos less precise; eclectic and broad evolving framework content values include regime values; citizenship; public interest and social equity. Framework is more of a political theoryregime values - values manifested in the Constitution of

the United States such as personal liberty, property; and equalitycitizenship and public interest played an important role in the general democratic framework; considered coterminous in the early practice of public administration (Chester Newland, 1984); remains the focus of much discussions ranging from theories of governance to concrete proposals for the coproduction of public service (Frederickson, 1974)social equity - … “In its broadest and most general signification … (equity) denotes the spirit and the habit of fairness, justness, and right dealing which regulates the intercourse of men with men --- the rule of doing to all others as we desire them to do to us; or, as expressed by Justanian, to live honestly, to harm nobody, to render every man his due (sic).”… David K. Hart

Salient Aspects of Ethics in Public Administration Principle of Legality and Rationality Principle of Responsibility and Accountability Principle of Work Commitment Principle of Excellence Principle of Fusion Principle of Responsiveness and Resilience Principle of Utilitarianism Principle of Compassion Principle of National Interest Principle of Justice Principle of Transparency Principle of Integrity

Overall Objective – ensure “Good Governance” with a prime concern for ethical principles, practices, orientations and behavior.

http://iasbaba.com/wp-content/uploads/2015/05/IGNOU-Ethical-Concerns-in-Public-Administration-.pdf

Code of Ethics

provides recommendations or guidelines for professional conduct for public administratorsrelatively recent 1924 - the 1st standard was adopted by the International City Managers’ Association; amended after five (5) years since its inception (ICMA, 1987) 1970 - International Personnel Management Association 1984 - American Society for Public Administration after ten (10) years of deliberations approved its Code of Ethics 1958 - the first federal-level code was adopted by congressional concurrent resolution 1961 - executive order 10939, the “Guide on Ethical Standards to Government Officials, was issued by Pres. Kennedy 1978 - Ethics in Government Act of 1978

- stemmed from the Anglo Norman word accomptare (to account); used in English in the 13th Century in Norman England; has its roots in record-keeping activities related to governance and money-lending systems that first developed in ancient Egypt, Israel, Babylon and Greece, and later on in Rome.

defined as the quality or state of being accountable; especially: an obligation or willingness to accept responsibility for one’s actions.

Hayne, Christie and Steven Salterio. Accounting and Public Accountability: A Macro and Micro Examination in Financial Accounting and Auditing, May 2012

http://www.merriam-webster.com/dictionary/accountability

The obligation of an individual  or organization to account  for its activities, accept responsibility for them, and to disclose  the results in a transparent manner. It also includes the responsibility for money or other entrusted property.http://www.businessdictionary.com/definition/accountability.html

- a condition in which individuals who exercise power are constrained by external means and internal norms; referring to the institution of checks and balances in an organization thru which an administrator accounts for his stewardship of resources or authority.

Source: Alfiler, Concepcion. Philippine Administrative System. UP Diliman Quezon City - is the obligation to (i) demonstrate that work

has been conducted in accordance with agreed rules and standards and (ii) report fairly and accurately on performance results vis-à-vis mandated roles and/or plans. (source: UNDP Accountability Framework (PDF))

Types of Accountability Individual Accountability - public employees are answerable for the responsible, efficient and effective performance of their tasks.

Accountability of Administrators - stewardship of administrative authority, resources and information placed at their disposal as leaders of public organization. Political Accountability - institutions must answer for their organizational mandate and functions, particularly as they form part of the incumbent government strategy for national development. Accountability of National Leaders - elected national leadership must answer for the performance in pursuing their programs and their use of national resources; given the authority, power and resources vested in them by their constituency.

Standard Questions 1. Who is considered accountable?2. To whom is he accountable?3. To what standards or values is

he accountable? and4. By what means is he made

accountable?Legal Framework

1987 Constitution; Article XI- Accountability of Public Officers comprises 18 sections which mandates that every public official and employee should exhibit and live certain values while in government service. State has been mandated to “maintain honesty and integrity in the public service, and take positive and effective measures against graft and corruption.

Legal Framework Republic Act 6713 - CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES passed into law on 29 March 1989

- spells out in detail the do’s and don’ts for government officials

- Has eight norms of conduct to be observed by all government officials and employees

Commitment to public interest Professionalism Justness and sincerity Political neutrality Responsiveness to the public Nationalism and patriotism Commitment to democracy Simple living- Introduced some reforms in the administrative systems gave the head of agencies the responsibility of

ensuring there is a value development program for their employees;

Legal Framework Republic Act 6713 - CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES

continuing studies on work systems and procedures ; designation of a resident Ombudsman in every

department, office and agency

Republic Act 3019 - ANTI-GRAFT AND CORRUPT PRACTICES ACT

approved August 17, 1960 passed to address and curb the commission of

malfeasance in the government.

http://www.gov.ph/official-gazette/

- dishonest act/s committed by any person appointed or authorized to discharge any duty relating to the assigned office

Draft International Anti-corruption Convention of the United Nations

http://www.undp.org/content/undp/en/home/search.html?q=corruption

Corrupt behaviour is characterised as any “offer, promise or giving of any advantage to another person as undue consideration for performing or refraining from the performance of that person’s duty, or the soliciting or accepting of any advantage as undue consideration for performing or refraining from the performance of one’s duty.”

9th UN Congress held in Cairo in 1995

- bribery or any other act relating to persons vested with responsibility, aimed at influencing the performance of their official duties and at obtaining any improper advantage for themselves or for others.”

http://www.transparency.org/what-is-corruption#define

““the abuse of entrusted power for private gain”. Corruption can be classified as grand, petty and political, depending on the amounts of money lost and the sector where it occurs.Graft is a form of corruption but done

individually. It is the questionable acquisition of wealth or illegal appropriation of public resources by a person in office.Characteristics of Corruption

GapTwo or more partiesConsenting adultsBenefit furtheranceExistence of powerMisuse

http://hdr.undp.org/sites/default/files/rhdr_full_report_tackling_corruption_transforming_lives.pdf

Types of Common Corrupt Practices in the Philippines

Tax EvasionGhost Projects and PayrollEvasion of Public Bidding in Awarding of ContractsPassing of ContractsNepotism and FavoritismExtortionProtection Money Bribery

Effects of CorruptionWeak National Institution/sInequitable Social ServicesInjustice

http://hdr.undp.org/sites/default/files/rhdr_full_report_tackling_corruption_transforming_lives.pdf

Legal Frameworks That Combats Graft and Corruption

The 1987 Philippine Constitution Executive Order 292 of the Administrative Code of 1987 Republic Act/s

671370808249301967707055

Presidential Decree/s

No. 46No. 677No. 749

Constitutional Anti-Corruption Bodies

Cost of CorruptionPolitical- is a major obstacle to democracy and the rule of law

Economic- depletes national wealth

Social- undermines people’s trust in the political system; in its

institutions; and its leadership.

Environmental- environmental degradation is another consequence of corrupt systems; lack of, or non-enforcement of, environmental regulations and legislation means that precious natural resources are carelessly exploited, and entire ecological systems are ravaged.

IMPEDIMENTS TO THE ANTI-CORRUPTION EFFORTS

Filipino culture Strong family tiesGift-giving

Not Well Funded Deputized AgenciesTransparencyMonitoring System

Rich Harwood, President & Founder of The Harwood Institute for Public Innovation, talks about what it really means to be accountable as a public leader.

https://www.youtube.com/watch?v=D-ClR8rvUsA

The point I want to make clear is this: Every official of the government, even the most modest, has a job to perform and is as much in duty bound to perform that job well as those occupying higher positions. In our effort to give the people the best government that there is, we have to have everybody do his job, including the clerk, the policeman—everybody in the service. Every one of them should do his best because a government cannot be a government of higher officials only.

The Government of the Philippines is the government of all the officials of the Government; it is the Government of all the Filipinos. Therefore, when it can be said that we have the best government on earth, the municipal police, the higher officials - everybody - should feel honored and proud because that would mean that all of them have been working hard in order to give this country such a Government.

An Excerpt to the SPEECH OF HIS EXCELLENCY MANUEL L. QUEZON PRESIDENT OF THE PHILIPPINES ON PUBLIC SERVICE AND LOYALTY TO THE GOVERNMENT [Delivered at Ilagan, Isabela, February 28, 1936] Source: Presidential Museum and Library, Official Gazette

Thank You!