Tuesday, February 2, 2010
Ethics and Professional Conduct
This week, David Baker, AIA will be speaking to you all about how this topic applies to him in practice. It is intended as a dialog with you - we will have a discussion. After he presents and during the week, please post a comment or question for him. He will be keeping an eye on the blog this week.
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So, Mary Alice, was it hat you hoped for? Was it what you expected me to do? dbaker
ReplyDeleteDavid,
ReplyDeleteThanks again for speaking to our class, it was very informative and interesting. I do have a question though. What if the roofer this time was the owner/clients cousin and was offering them the hunting trip, so they wanted you to use them over anybody else. Is this a problem at all for the architect even though he isnt personally gaining anything but he knows the owner is? Or is it just fine becasue its a request made by the owner?
It was more because you brought a strong moral ethic to the discussion. This reinforced the reality that the professional's morals can be the leading compass directing them through ethical decisions. I hadn't expected religion to be such an important part of your presentation, but as you noted - religion, world views and beliefs drive our decisions.
ReplyDeleteThat was in response to David's query to me.
ReplyDeleteThank you, Mary Alice. I thought I disclosed that religeous content was a component of the presentation... I believe it is directly connected to the world view or belief system which is brought to bear on the ethical choices an individual makes and the actions they perform. It also underscores the relativity of ethics both in terms of how we as individuals operate AND how others (for example the National Ethics Council) judge our actions. As your class pointed out, one may think an action is unethical, whereas a larger body steered by a different world view may not.
ReplyDeleteI, like each of the students, can only be held accountable for our own actions. I know others who operate from a very different world view and seem to make it work. In large part I attribute this to a commonality of many culture/belief systems/world views on some basic "rules of right and wrong". I hope that message got accross to the students. I think the bottom line is that each and everyone of us has to find our own way, while we (and others)judge the success of that way.
Here is something to consider, from: http://www.philosophyblog.com.au/ethics-vs-morality-the-distinction-between-ethics-and-morals/
"[Ethics is] is the philosophical study of morality. The word is also commonly used interchangeably with 'morality' to mean the subject matter of this study; and sometimes it is used more narrowly to mean the moral principles of a particular tradition, group, or individual. Christian ethics and Albert Schweitzer's ethics are examples."
-- John Deigh in Robert Audi (ed), The Cambridge Dictionary of Philosophy, 1995
The Oxford English Dictionary (1989) seems to show that, from the earliest times, the words had very similar meanings.
"Ethic" as a noun has the senses "The science of morals" and "A scheme of moral science", and these are treated as parts (a) and (b) of a single meaning. The earliest citation is from 1387.
"Ethics" (in the plural) divides into a number of meanings. The sense of "The science of morals; the department of study concerned with the principles of human duty" dates from 1602. The sense of "The moral principles or system of a particular leader or school of thought" dates from 1651.
"Morality" in the sense of "The doctrine or system concerned with conduct or duty; moral science" dates from 1449. In the sense of "Moral conduct; usually, good moral conduct; behaviour conformed to the moral law; moral virtue" it dates to 1609.
And finally, "morals" in the sense of "Moral habits or conduct; habits of life in regard to right and wrong conduct" dates to 1613. And the sense of "Moral science; moral doctrine; ethics" is said now to be rare, but dates at least as far back as 1651.
Many other hits came up in a google search on Morals vs Ethics...
http://www.google.com/search?hl=en&source=hp&q=morals+vs+ethics&aq=f&aqi=g1&oq=&rlz=1R2GPEA_en
dbaker
Thank you Marshall, it was my pleasure!
ReplyDeleteYou ask:
What if the roofer this time was the owner/clients cousin and was offering them the hunting trip, so they wanted you to use them over anybody else. Is this a problem at all for the architect even though he isnt personally gaining anything but he knows the owner is? Or is it just fine becasue its a request made by the owner?
The client is well within their right to determine or dictate whomever they would like to use, regardless of the reason. In my opinion, for the Architect to yeild to that mandate by the client is acceptable, for a private sector job.
But take your question and tweak it a little. Let's say the company being mandated:
1. uses inferior products (low strength characteristics of a bolt, for example).
2. uses inferior product (asbestos used as a binding agent in gypsum board, for example).
3. Has had a history of not providing the proper storm water runoff protection and has been penalized by the EPA for fouling streams with pollutants.
4. Simply charges four times the standard prevailing rate.
5. Or, charges four times the standard prevailing rate, and plans on giving half of it back to the owner (and part of the funding is coming from a public sources).
What does the AIA Ethics Guidelines say about those?
I am throwing these five options out for the whole class. Kick them around and see what you think before I tell you my thoughts. BE SURE TO IDENTIFY WHICH NUMBER YOU ARE REFERING TO WHEN YOU PROVIDE A RESPONSE. And a hint, all of these examples are addressed one way or another in the Ethics Guidelines.
dbaker
This doesn't really relate to the roofer discussion. It does pertain to our ethics conversations, however, but hasn't really been brought up.
ReplyDeleteI think we can all say what we would do in particular situations if we were the principal architect, but since we will all be starting out as interns, with several people above us in the chain of command, what we would do when faced with unethical things that our boss may be asking us to do? What should we do if we witness something unethical going on in our office? How, as interns, the little people, not exactly in a position to lose our job, would we handle this?
I will in a way compound the same questions that Lexie has. What if you are a leading principal within a firm along with one, two, three, any number of other head leaders of the firm and any number of you disagree when it comes to an ethical decision. How do you deal with a situation like that between yourself and another leading partner within the same firm, especially if the both of you have completely different opposite views on the situation? What is the best way to come to an Ethical and logical solution?
ReplyDeleteI would have to say there would seldom be such a dilema. You will always be in the position of chosing who you work with, whether it be you promoting someone to the position of partner or you yourself taking on the position. I guess it comes down to how well you think you know these people and how much is a surprise after forming your partner relationship.
ReplyDeleteIf the conflict does arise and you feel like it is a major ethical issue it would be your obligation to turn him/her in. If there are a number of minor ethical issues that arise that you do not approve of or agree with the partnership would probably naturally disolve.
Hi Lexie,
ReplyDeleteRespectfully, I disagree. I think the roofer example could easily apply to examples 2 (change gyp. bd. to say asphalt shingles) , 4, and 5. Or even example 1 (change the word strength to warranty). You get the idea. The concept is the same in that the client is getting something less (or more) than he deserves, or the compromise he makes can jeopardize public health or safety, or the action is illegal, etc…
But let’s jump to your statement first, then the question you raise. You indicate that you “know what you would do in particular situations if [you} were the principal architect”. I’m not convinced of that. Are you sure of what you would do? And, do you know the best way to get what you would do accomplished? I ask this because of your following question “What do we do as interns?” It seems to me that there is little difference between the two. What you will or won’t do, as governed by your ethics, would apply in both cases. If you know what decision you would make as a principal, then the decision you make as an intern should be pretty close to the same. If your client, boss, co-worker, spouse, or friend, asks you to do something unethical (or against your ethics), why would your response be different? The response is a “yes I will”, or “no I won’t” do it. Now, I’ll concede that how it plays out will look different (e.g. you turn down a project, quit your job, let a friendship lapse, etc…) but, your choice is the same- will I or won’t I do what they are asking.
Now as you propose, you are an intern. And, while working as an intern you see you boss doing something illegal. What should you do? Reference the AIA Code of Ethics & Professional Conduct for their opinion- which, by the way, they will use to judge your actions- Specifically, please read Rule 2.105.
ReplyDelete(By the way, you say the “little people”. Please do not diminish or underestimate the role you play in an organization. Without you and your peers, the principals stand very little chance of getting the work done! Likewise, please be careful of who you work for. If your employer treats you as a “little person” (which implies a certain lack of respect), you may want to reconsider whom you are working for. I believe there is dignity in all work, at all levels of experience. Read from La Forja (The Forge) by Jose Maria Echeveria Baluguer (sp) regarding the dignity of work).
Joel, your compounding of the scenario in play places you at equal standing with those whose directives or decisions may go against your ethical beliefs/tendencies. I will assume that the decision to join in partnership was not a blind decision and that there were some commonalities upon which the partnership was based. Your scenario places you in a situation where you must decide how important that partnership is to you. If the contrary actions are illegal, I believe you are left with little choice but to act in accordance with the laws of the land and your professional organizations governing body…or run the risk of complicity in the illegal actions, and be subject to the consequences of your professional organization and/or the weight of the law.
If however it is a matter of what you believe is right and wrong, and the matter being considered is allowed within the rule of law and your professional organization, then you must decide for yourself if you could “live with yourself” after participating in the action. Again, this is a partnership you are in based upon something that was agreeable to you in the beginning. How much is that worth to you. Do you go along with your partner, agree to disagree, or just decide to ignore it? Your conscience, and the counsel of trusted friends with similar values/ethics, are the best sounding boards to sort out what you should so.
Paul hits on some of these ideas in his posting. Although, Paul, I think you may be surprised by how frequently the decisions will be placed in your path. Like you mention, most of the time questions of legality are not in play. Rather, it is the smaller day to day decisions of “do I” or “don’t I” that, thru a gradual eroding process of your ethical framework, may lead you to major issue leaving you to wonder how you got there! Vigilance over beliefs, attitude, and actions is a key component in maintaining integrity.
In summary, I think the key questions are these-
· What are you willing to, and not to, do? (Like Yoda said “Try, no try. Only do and not do” J)
· Will you be able to respect yourself for what you have done?
· Will your actions gain the respect of others?
· Will you be described as a person with integrity?
· Are your actions consistent with the laws of the land?
· Are your actions consistent with the governing bodies that may sit in judgment of you?
· Are the previous six questions important or relevant to you?
dbaker
David,
ReplyDeleteI always enjoy talking to you and hearing your words of advice. It was a pleasure to have you join our class for an evening, even with the over sized projection of you on the wall.
I was wondering if you could please clarify your question regarding the roofer who is using inferior products and charging two to four times as much for their services.
Would this be the roofer that is the client's cousin?
If so, then I believe it would be our job as an architect to educate the client on what sort of service that he/she would be receiving. They should be notified what materials are being used, and why they are bad.
If they do decide to go with them anyway, and say that the roof collapses would the architect be held responsible? The architect notified the client, but the client may automatically take his cousin's side and blame that it was not designed properly by the architect.
In regards to number five; I think we would be both legally, and morally, responsible to report that he is working with his cousin to steal money from the public.
This could probably also apply if he works for a business that pays for the over priced roof, and then have his cousin write him a personal check when the job is complete.
In either case, this is a situation that should be waving a red flag and would have to be a project that any architect should walk away from if the owner is not willing to budge.
Last question, if we realized that the owner was attempting to pull this scam, and we walked away from the job without reporting them, could we be reprimanded if they were exposed at a later date?
Lexie:
ReplyDeleteYou note a very difficult situation that can only be resolved by your own conscience. It is more about what you are willing to do. I will tell you that I left a previous job because I felt my senior boss (head honcho) acted in borderline unethical behavior. Over time it wore me out. Wasn't worth it to me. You can certainly bring up issues to your superiors as 'questions'. In other words, because you are 'interns' you are 'learning' and couching your words as questions to help you learn will seem less threatening to the boss. For example, "Can you help me understand the AIA code of ethics and if it relates to what we are doing here?" Much has to do with your tone and sincerity. But, ultimately, you have to live with how you work. You certainly want to be able to sleep at night when you have the opportunity!
Joel:
ReplyDeleteIn that case, it is my opinion that you have to refer to the Code of Ethics. If the action doesn't jeapordize your standing in this area, then you have to negotiate out the resolution. Some of what you are noting brings up a good point about how one decides who they want to be in partnership with. It is important. Many architects have severed ties because they just could not resolve their ethical differences. Having these discussions prior is important. You want to be in business with people who share the same commitment of ethical standards.
Hello David,
ReplyDeleteThanks again for taking the time to talk to us. I have a completely unrelated question about an issue you discussed toward the end of class. You mentioned how you dealt with receiving (or not receiving) gifts from clients, vendors, etc. You said that, in order to follow proper ethical protocol, you, for instance, donate Honey Baked Ham gift cards to shelters, or give bottles of wine to the interns in order to avoid bias toward a particular vendor, and the like. However, if you commit these generous acts discretely (presumably), how does that particular vendor then know about your decision to be unbiased? Because to their knowledge, they gave you a gift, and you accepted it. Or is this a decision you make to simply fulfill your own conscience? I don't take issue in either instance-- I just wanted some clarification. Thanks.
David,
ReplyDeleteThank you for speaking to our class, it was very interesting and I learned a lot. I have a situation where I am very good friends with the son of one of the partners at the firm I work at and there are times when I have had to review my ethical behavior due to this. For example if my friend lies to his parents and than asks me to lie to his father if asked. I was just wondering if you had any advice on situations like this.
Thanks
Hello David,
ReplyDeleteThank you for speaking to our class. What is your opinion on the difference between an ethical Decision and a Moral Decision? You mentioned before that you were a Christian as am I, but is it Ethical to base the decisions you make off your belief system if it is in contrast to the belief of your client?
Hello David,
ReplyDeleteI really appreciated you coming in and talking to us. Your strong belief system seemed to really drive your actions within the firm as well as outside of it. Being a christian this gives me great hope that I will be able to thrive within the profession while also keeping my core values in tact. Along these lines, through out your career what are some of the main obstacles that you have gone through that may have conflicted with your beliefs within the firm you work for as well as the projects that you were asked to work on.
David,
ReplyDeleteThanks again for taking the time to meet with our class. It is nice to have the opportunity to meet and speak with a current professional in the field.
The ethical question/issue that I have is in regards to a previous firm that I have worked at for a few years now. I worked there as an intern, often hopping from job to job to help out various coworkers with their work in order to meet deadlines. The issue that I have has to do with timesheets and allocating our payable worktime to certain projects. I would often spend as little as 15-30 minutes on a job, often working on as many as 8 jobs per day. At the end of the day I was responsible, just like all of the employees, to record how much payable time I worked per job on my time sheet. I would try to be as accurate as possible, but other employees would often encourage me not to worry about it and round to the hour, etc. I know that 15-30 minutes @ an interns wage charged to a job is not a huge sum of money to a client, but if all employees are doing this @ salary wages I'm sure this number can add up very quickly. My question to you is other than trying to be as accurate as I possibly can when allocating my payable time to jobs, how could I approach the issue of other employees being less responsible and not taking the time to note appropriate job time or even disregarding minor expenses such as misprints still charged to clients, etc. Thank you for your time.
Hello David,
ReplyDeleteThanks for giving us a great guest lecture. You were very easy to listen to and made a fun discussion out of class.
We talked in class about a case where you were personally affected by an ethical decision you had to make in the design process. At the time you stated that it was difficult to think of one, and then continued to say that you have had to tell a client that you could not do something they asked. Now that you were not put on the spot, can you provide an example of an instance that may have been a bit more controversial in terms of how ethics have affected the practice for you? If you cannot think of one, do you know any architects personally who have had licensing issues arise due to poor practice or ethics in architecture?
David,
ReplyDeleteThanks for the talk. So far we have talked quite a bit about our personal moral and ethical beliefs and how those beliefs influence our design decisions. But after seeing the AIA Code of Ethics, how much do our own beliefs come into play? How much does the AIA allow? It doesn't seem like there can be much leeway in regards to the rules.
Hi Eddie,
ReplyDeleteyou ask a hair splitting type question. I have in one instance informed the GC that i could not accept the gift, and that i would be forwarding it to a charity of my choice. He was alright with it, surprised, but alright.
As for the times i have not informed the giver, you are correct, they have no way of knowing as to the impact (the ablitiy to influence me)their gift may have had. As you speculate, my action of passing the gift along is more to hold me accountable to me more than anything else.
dbaker
Hi Kristan,
ReplyDeletethank yo and your class as well. I had a lot of fun working with you, and especially this forum of exchange!
You write:
"I have a situation where I am very good friends with the son of one of the partners at the firm I work at and there are times when I have had to review my ethical behavior due to this. For example if my friend lies to his parents and than asks me to lie to his father if asked."
Ouch. How good of a friend is it, that would-
1. ask you to lie,
2. ask you to lie to your boss (his father)
I tell people, never, ever, lie. It is tough, I know. But if caught in a lie it will take you a long time to regain someones trust.
If the lie in question is of a personal nature (say he got in at 2, when in reality he got in at 4) then I think it is what your conscience allows.
If the lie is regarding a legal issue (say he took $100 out of the company's petty cash drawer) you could be an accessory to a crime which may have legal and proffessional consequences.
If you stick with the initial suggestion- never, ever,...- then these potential ramifications do not apply.
dbaker
Hi Brendon,
ReplyDeleteLet's break yours down into a couple of parts. First you write:
"What is your opinion on the difference between an ethical Decision and a Moral Decision?"
To simplify let's divide out the word decision since it is common to both sides of the equation, and go for an understanding of the two other words- Ethics and Morals. A good start can be had at the following sites:
http://www.wisegeek.com/what-is-the-difference-between-ethics-and-morals.htm
http://www.scribblers-ink.com/professional_ethics.html
http://www.answerbag.com/q_view/87188
The question you pose is this "is it Ethical to base the decisions you make off your belief system, if it is in contrast to the belief of your client?"
It is specifically my morals that govern the ethical framework that I oppoerate within. This may or may not coincide with the ethical framework of my cllient, nor the broader ethical framework of society. Yet I believe it would be unethical for me not to llive up to my ethical framework on a case by case basis. (yes, I fail at times, but it is the ideal I strive for.)
Say you are a forigner that has just moved to a new country, within a society where the norm is to lie. you were brought up not to lie. It is your personal moral code that has become a primary constituant of the ethical framework in which you opperate. You then get a client that expects you to lie for him on a business deal. It is "ethical" for him personally to do so, society says it is ok, he never learned anything different. There is no legal or professional consequence to your action. Do you lie? Why or why not? Now, answer this question- is it alright to lie in that land/society? Why?
dbaker
Hi Jonathan,
ReplyDeleteyour welcome, it was my pleasure.
You are correct, my belief system does drive a lot of my actions- personally and professionally. Sadly, I also struggle to avoid those occasions where I fall short of living up to my beliefs. I feel this is true for most people. I suspect that you will be met with challenges, as will all of your classmates. The question is which of you will thrive in the face of adversity? It is my hope that the answer is all of you will!
My experince is that in our industry it is possible for Christians to keep their core values intact- some even thrive. But sometimes you may find that you have to sacrifice something else- no telling how that may play out for you on a personal or professional level.
My beliefs have changed over time. So, throughout my career the obstacles I have faced have varied.
1. As an intern, I worked for an employer that was verbally abusive to all employees, and he lied- a lot. That lasted 9 mo.
2. I worked for an employer that would start smoking drugs and drinking about 3-4 pm. That lasted 4 days.
3. I worked for a company that put business profits ahead of personel, and social justice. That one lasted way to long, and ended for different reasons.
4. I worked on a project for an owner that was one of the worst people I have ever met- morally and ethically. I finished the project without major incident, decided to never work for him again, and have not.
As an employee, all of these examples gave me opportunity to think about my own morals and ethics, decide how I would act, and what I would be willing to walk away from. As a Christian, it gave me the opportunity to pray (for myself and others), forgive and try to love those and that which in my humanity I felt was unforgiveable and unlovable.
dbaker
Right on, doctorphil00! You guys made it fun with all that crazy arm raising, etc...
ReplyDeleteI'm not sure about the caracterization you made about the "ethical decision you had to make in the design process". There have been projects where i have been asked to provide 'x', where my belief was that 'x' was not in the best interest of the client/project. It has ranged from construction issues (inferior flashing materials and inappropriate external cladding come to mind), design issues (inappropriate space standards for an independant living facility), to project delivery issues (shortening or trying to circumvent the permitting process).
Some of the examples cited, although not the best things to do for the project, were done by the client despite me advising them (in some cases in writing) against doing it. The permitting example is an example that if I were to knowingly help the client circumvent the regulatory process, could land me in a heap of trouble. On that one, I flat out said "no, I will not do it". The client said, "Oh, O.K." I think they subscribed to the philosophy that "not asking is as good as a no".
There are cases of Architects making fraudulant claims regarding their qualifications, infringing on the copyrights of others, operating with out a license, bribes, kickbacks, etc... Fortunatly for us they are rare. No, I don't believe I know any personally, not that i can remember.
Kyle,
ReplyDeletesorry, I'm going to have to circle back around to yours on Thursday! My bad.
dbaker
Hi Kyle,
ReplyDeleteThanks for waiting.
we have not really talked about how our personal moral and ethical beliefs beliefs influence our design decisions. My last posting starts to address that question. You write, "But after seeing the AIA Code of Ethics, how much do our own beliefs come into play? How much does the AIA allow?" I would like to have you provide an example of how the Code of Ethics either does or doesn't allow you to do something from a design standpoint, that doen't violate some law, or best building practice.
Fo example, saw I wanted to have all of my buildings incorporate a minimum of 10% better on all ADA space requirements. Suppose I was adament about it, and wouldn't provide anything less. Is that o.k.?
Or, all of my buildings or interiors projects had to somehow incorporate a cruciform shape (either in plan or elevation). A silly example, you can change it to circle, or blue, or a 5' module, because of whatever belief you may have. Is that o.k.?
As long as I meet the contractual obligations of cost and schedule, what does the Code of Ethics say about that? Was this the direction you were heading with the question?
dbaker