Manager’s Solutions for the Scenarios for Dialogue
Scenario 1 – Respect for Democracy:
John, a public servant, is widely known for his subject matter expertise and over the years, has become a well-respected researcher. Because of his reputation as a researcher, he is asked to present a paper to a symposium on a government program for which he happens to be responsible. The presentation is a research paper that he has prepared on hisown time. John explicitly indicates that theopinions expressed are his, not those of the department.
Points for Discussion:
Is this appropriate conduct for a public servant?
What Public Service Value is relevant in this scenario?
Does indicating that the opinions expressed are not those of the department change the Code of Conduct implications?
Is it relevant that the paper is not critical of the current government policy?
Do federal government employees have the freedom to express their personal opinions?
Is there a conflict of interest between the public servant’s official roles and responsibilities and their personal outside activity?
Response:
John should seek approval from his department prior to making this presentation to ensure that it does not undermine his official duties. His supervisor can assist him in this matter.
The Respect for Democracy value requires that the public service be non-partisan and always provide service and advice, that is impartial, to the government.
Given that the public servant is responsible for the program being discussed, it is unlikely that the audience would view John as a private citizen, even if the presentation states that the opinions are not those of the department.
A public servant’s duty of loyalty requires that they do not criticize the government’s policies. Even if not critical of government policies, the presentation may be perceived as indicating a view which may undermine the impartiality of the public servant.
John would need to be particularly careful to not disclose any confidential information.
While public servants have the right to freedom of expression, in choosing to become a public servant we make the decision to uphold Canada’s parliamentary democracy and its institutions by being impartial.
John’s personal interest in researching the program for which he is responsible puts him in a potential conflict of interest with his official responsibilities. The Code of Conduct requires that public servants resolve all such conflicts of interest in favour of their role as a public servant.
Scenario 2 – Respect for People:
Albert is a hardworking, dedicated Team Leader who is often tasked with challenging projects. His director allows Team Leaders to establish their own project teams but she has noticed that when Albert seeks colleagues to work on his projects he always asks younger members of the division to participate. During the time that she has been the director, she has never seen Albert ask an experienced member of the division to work on one of his projects.
Points for Discussion:
Is there anything inappropriate in Albert’s behaviour?
What public sector value may be relevant in this situation?
If Albert delivers the project on time, does it matter who is on the team?
Response:
The value of Respect for People requires that we seek input from a broad variety of backgrounds and perspectives to foster an inclusive workplace and to encourage innovative thinking.
A variety of backgrounds and perspectives creates a diversity of ideas that lead to innovation and better ways of doing things.
Creating an inclusive environment leads to a healthy workplace that encourages engagement and collaboration.
While Albert may deliver the project on time, the opportunity for innovation and creativity may not be fully realized.
While not every team needs to have a “perfect” balance, public servants need to strive to bring together a range of perspectives to ensure innovative and original approaches are generated.
The director has a responsibility to address this issue with Albert.
Scenario 3 – Integrity:
Your brother, who works in the family business, calls to tell you that the business has won a bid to supply ESDC with consulting services closely linked to the area in which you currently work. He suggests a get together lunch so he can get the inside scoop on the range of work and how he can get the contract amended so he can subcontract some of the work to a buddy.
Points for Discussion:
Which Public Sectors Values are relevant to this situation?
What in this situation could create a conflict of interest?
Would this be considered as providing preferential treatment or special privilege to a family member?
Response:
You should inform your brother that it is not appropriate for you to discuss this matter with him.
The Public Sector Value of Integrity requires that your conduct will bear the closest public scrutiny. This would be seen as using your official role in a manner that inappropriately conveys a benefit.
Providing your brother this assistance would create a conflict of interest. Even if you may not benefit financially yourself, the fact that a relative may benefit is enough to create a conflict of interest situation.
As this information is not publicly available, you would be using your position to provide preferential treatment for a family member. You cannot provide him with information that is not publicly available, and hence you should inform him that he must obtain information from the appropriate resource.
Given that the contract deals with services linked to your area of work, you should inform your supervisor of the potential conflict of interest. If you were involved in developing the Request for Proposal and/or assessing bids, you would have had to inform your supervisor before becoming involved with the project as the potential that your family business might bid creates a potential conflict of interest.
Scenario 4 – Stewardship:
Cynthia is a Policy Analyst for ESDC but also has a small business doing tax returns for clients after work hours. While she does this work at home on her own time, during the busy tax season she uses her coffee breaks and lunch time to keep up on the work load by calling clients and sending out invoices from her work computer.
Points for Discussion:
Is this appropriate use of government resources?
Which Public Sector Value(s) might apply to this scenario?
Is it OK for a public servant to have a second job?
What is it about this second job that may create a concern?
Does this activity create additional costs for the department? Is that pertinent?
Response:
Using government assets for a for-profit activity is not permitted. Even though it does not create added costs for the department, government assets cannot be used for private gain.
The Stewardship value requires public servants to use and care for public resources responsibly. This requires only using assets for official purposes.
The Policy on the Use of the Electronic Network clearly states that IT resources cannot be used for private business, personal gain, profit or political activity.
In the case of Electronic Networks, public servants can use them for limited personal purposes, such as brief email messages to family and friends as well as reading online newspaper during breaks or after the workday.
While public servants are permitted to have a second job, the job cannot create a conflict with the individual’s official duties. If outside employment may pose such a conflict, employees are to report it through ESDC’s Conflict of Interest Disclosure System.
In this case, it was not a conflict of interest between the two jobs but rather the inappropriate use of government assets that creates the concern.
Scenario 5 – Excellence:
Hélène is a hard-working and well respected ESDC employee with considerable experience in the various business lines of ESDC. Because of her experience and qualifications, she has been asked to develop a report with recommendations on how ESDC’s programs and services could be improved. Hélène is aware that she has strong personal views on the various ESDC programs and services, and she does not feel the need to involve or consult anyone else in preparing her report and recommendations.
Points for Discussion:
Which Public Sector Values might apply to this situation?
Why is it important for Hélène to reflect and be aware of any potential personal biases that could influence the outcome of her report?
What can she do to ensure that her report will be accurate and unbiased?
Response:
To ensure the accuracy and integrity of the report, Hélène should consult with colleagues from areas of the programs and services to be recommended for improvement. This team approach will provide the engagement and consultation that are essential in developing a report that is objective, accurate and unbiased.
The Excellence value will be a constant guide for her. Public servants strive for excellence in the design and delivery of programs and services to the public.
Public servants demonstrate professional excellence by continually improving the quality of policies, programs and services they provide.
Hélène’s final report and recommendations should be written in both official languages to respect the linguistic duality of the public service.
Engaging, collaborating and consulting with others fosters a work environment that promotes teamwork, learning and innovation.
Hélène’s professional excellence will contribute to a final report with recommendations that are more complete, candid and impartial; furnishing decision-makers with advice and information to make the best decision in the public interest.
From a Values and Ethics perspective, reflection and self- awareness are important elements for personal growth and development towards a strong ethical culture.