1. 1. Francisco Cabreras Master in Public Administration Portfolio by Francisco Cabrera April 20, 2015 Graduation: May 1, 2015 954-554-3441 Mobile Cisco.Cabrera@hotmail.com 1
2. 2. CONTENT I - Introduction. 3 II - Curriculum Vitae... 4 III - Statement of Philosophy of Public Service.. 6 IV - Competence: Ability to Participate in and Contribute to the Policy Process....... 7 V - Administrative Ethics - Ethics Portfolio.... 8 VI - Regulations - Where America Stands on Immigration and Deportation Policies.... 42 VII - Sem. in Pub. Personnel Admin. - Four Essential Training Areas for Public Employees... 63 VIII - Organizational Change and Public Management.. 71 Organizational Change throughout Strategic Planning, TQM, & Human Capital Development - Prezi Presentation pdf format. 86 IX - Competence: Ability to Analyze, Synthesize, Think Critically, Solve Prob. & M. Dec.... 120 X - Applied Methods 1- Education Dropout Prevention Report..... 121 XI - Applied Methods II - Statistical Analysis Report of Florida's Domestic Violence..... 129 XII - Seminar Pub Budgeting Techniques - Town of Davies Financial Analysis...... 165 Prezi Presentation pdf format. 175 XIII - Competence: Ability to Articulate and Apply a Public Service Perspective. 215 XIV - Government Internship - FAU, Office of the Provost Internship report... 216 XV - Intro. to Pub. Admi. - Local Govt Proc: Eff. Implem., E-proct, & Impact in Local Eco 227 XVI - Local Govt Admin. Municipal Level and County Govt Practices Review and Analysis.. 254 XIX - MPA Competencies Strengths and Weaknesses.... 290 XVII - Table 1- MPA Competencies.... 295 XVIII - Table 2 - MPA Skills... 296 XX - Conclusion... 297 Appendix A - Civil Service Reform Act (CSRA) of 1978... 298 Appendix B - False Claim Act of 1986..... 472 Appendix C - Whistblower Protection Act of 1989...... 490 Appendix D - Whistblower Protection Enhancement Act of 2012... 503 Appendix E - State of Florida "Whistle-Blower's Act".... 516
3. 3. Master in Public Administration Portfolio I. Introduction This portfolio reflects Francisco Cabreras two years of academic education and the several competencies and accomplishments acquired while completing the Master in Public Administration in the College for Social Design and Social Inquiry at Florida Atlantic University between the fall of 2013 and the spring of 2015. In the next section, I introduce my Curriculum Vitae. Thereafter, there is a reflection section about my motivations for pursuing a career in public service, followed by a list of guiding principles and values. While the main body of this portfolio contains a collection of ten essays the appendix section contains complimentary documents relevant to the nature of this work. These variety of papers summarizes a small portion of the countless hours spent in learning, performing research, reading hundreds, if not thousands, of scholarly articles and innumerable books in the quest for completing assignments, course projects, in class presentations. Nevertheless, they do not reflect the resiliency gained from overcoming the curve balls life throws at you, or the many humility lessons life teaches you, or the amount of determination required to control your mind to accomplish your goals when everybody else around tells you it cannot be done, or to continue your academic journey without making or accepting excuses. Since most of my extensive working experience was in the private sector I completed my internship at FAUs Office of the Provost. The internship was a personal lesson of humility, however, once again shows my determination to do what it takes to get things done, and I did it! Please have in mind that while my Curriculum Vitae demonstrate my broad working experience in the private sector this portfolio describes the public administration professional competencies acquired during the MPA program, consequently, I hope this selection of essays showcase my writing skills and critical thinking abilities. 3
4. 4. II. Curriculum Vitae FRANCISCO CABRERA 4510 SW 27th Ave, Fort Lauderdale, FL 33312 954.554.3441 Mobile Cisco.Cabrera@hotmail.com Creative and dynamic research and analyst with outstanding sales, customer service and interpersonal human relations skills. AREAS OF EXPERTISE Research & Analysis Environmental Policy Management Regulatory Compliance Contract Negotiations Recruitment E-Procurement Problem Solver Team Builder Policy & Social Issues Customer Service Motivator Research and Analysis Analyzed international and domestics political and economic developments. Interpreted economic and human development indexes. Presented finding and recommendations of statistical analysis. Researched local and global policies, political events, social and environmental issues. Operations Assisted marketing department developing advertising campaigns. Bilingual English-Spanish, translation/interpretation. Conducted contract negotiations and provided customer service from sales to closing. Combined interpersonal skills with the latest technology to meet company's needs. Experienced prospecting home buyers and realtors via phone, e-mail or mail. Explained in details plat maps, elevations and common areas. Organized individual and group community presentation of up to 25 realtors. Prepared weekly sales reports, sales forecast, and demographic analysis. Performed property tours stressing community features and benefits Worked closely with management, buyers, and lenders to achieve sales goals. Management Attended management weekly meetings or as required by company management. Demonstrated critical thinking and problem solving abilities. Focused on weekly goals accomplishments and customer satisfaction. Managed sales team and sales gallery daily operations. Mentored, motivated, and recruited sales and administrative staff. Responded to inquiries from all parties in timely manner. Set monthly and weekly goals and company expectations at sales meetings. 4
5. 5. ACADEMIC CREDENTIALS Florida Atlantic University, B.A. Political Science with a History Minor, GPA 3.6 2011 - 2013 FAU, Master in Public Administration, current GPA 3.7 2013 - 2015 MPA Courses: Research Methods I & II, Regulations, Public Personnel Administration, Introduction to Public Administration, Nonprofit Organization Management and so on. BA Courses: Research Methods in Political Science & History, Global Environmental Politics & Policy, US Economy, International Political Economy, Global Development and so on. PROFESSIONAL EXPERIENCE Intern, Office of the Provost, Florida Atlantic University Spring 2015 Volunteer, Town of Davie Fired Department Summer 2014 Admission Counselor, ITT Technical Institute, FL 2008 - 2009 Sales Manager, Cornerstone Group, FL 2004 - 2008 Sales Representative, Centex Homes, FL 2002 - 2004 Sales Associate, Jean Cook Realty, Inc., FL 2000 - 2002 Concierge, Marriott's Harbor Beach Resort, FL 1997 2000 CERTIFICATIONS Community Emergency Response Team, FLFD, Volunteer 2006 - 2009 Licensed Real Estate Broker by the State of Florida Aug. 2005 COMPUTER LITERATE Windows Seven Vista XP Microsoft Office Word Excel Power Point IBM SPSS 21 Calyx 5.2 MLXchange Act IRIS Lotus Notes WP 6.0 Outlook Express LANGUAGES & TRAVELING Fluent in English and Spanish. Intermediate German and beginning Portuguese. Extensive travel experience through Europe, North America, Caribbean and South America. OTHER INTERESTS International relations, globalization, and comparative politics. Politics, economics and international events and history. U.S. history, especially the Civil War period from 1861-1865. Latin American history, economy and political issues. Sports and outside activities including intermediate yoga and beginner golf. 5
6. 6. III. Statement of Philosophy of Public Service Social responsibility was in essence my motivation. It was my motivation to get into the MPA program and it is my motivation to serve others in conjunction with my belief that I can make a positive contribution within the public sector into the lives of others in my community. My graduate degree and my undergraduate degree in Political Science, both have provided me with a rounded knowledge of the American political system for I support the pluralistic model of democracy where interest groups compete in free and equal conditions influencing policy. During the last two years, we have discussed politics, economics, and socials issues. We have studied leadership theories, the classical management and role theory, transactional leadership theory, horizontal or collaborative leadership theory, Ethical and critical leadership, and transformational leadership theory I lean towards the last. Leaders under this category are visionaries and a visionary that can communicate effectively they become by themselves an instrument of change. We reviewed Americas democratic principles and we have learned public organizations to strive in a competitive globalized world must rely on professional public servants with the highest sense of duty, integrity, and ethics. Finally, a leader should not only promote ethical values but a positive collaborative environment. I have no doubt FAU provided MPA graduates with a phenomenal first class education that included those values and the competencies to become active participator and contributor into the public policy process; the ability to utilize analytical tools to analyze and interpret data, to present and make public policy recommendations; to use policy instruments and management tools to address social problems and more. Now we have the responsibility to honor this MPA program go out there and let our leadership skills shine. 6
7. 7. IV. Competence: Ability to Participate in and Contribute to the Policy Process The next three essays reflect the ability to participate in and contribute to the policy process. The first paper is my Ethics Portfolio completed during the Administrative Ethic Class, which is a core course of the Master in Public Administration. Students assessed the administrative processes, expanded their ethical competences to support democracy and the republican form of government. Student left this class armed with the necessary ethical decision making abilities to support and preserve Americas democratic values. The next essay was written for the Regulation class. Regulation is another core course in the Master of Public Administration. The paper was title Where America Stand on Immigration and Deportation policies. While the purpose of the paper was to demonstrate the social, political, economic effects and implications of immigration policies the class emphasized the understanding of how regulations and administrative rules were drafted, adopted, implemented and the legal context of public affairs. Students benefited from a rich discussion several political, social, and economic issues and regulations. We were provided the competencies to support Americas legal and constitutional principles of democracy. The last paper was titled Four Essential Training Areas for Public Employees and it was written for the Seminar in Public Personnel Administration. The Seminar in Public Personnel Administration is another core course of the Master in Public Administration. The purpose of this paper was to focus in four relevant areas of human resource management: employee's rights and responsibilities, ethical competence, labor relations, bureaucracy and democracy. Students were prepared to become active participants of the democratic process. Encouraged them to make positive contribution into the local, state, and federal government policy process and learned to become problem solvers, personnel administration and the ability to relate on an interpersonal level with other employees. 7
8. 8. V. Administrative Ethics PAD 6436 Dr. Leslie A. Leip November 20, 2014 Artifact I Ethics Portfolio Administrative Ethics is a core course of the Master in Public Administration. This course exposed students ethics in public administration. Besides the completion of several assignments on ethics students developed their personal ethic statement. Most of the work resulted out of exploring local, state and federal governmental institutions ethical infrastructure. Students conducted an exhausted analysis of The Ethics Primer written by Svara (2005), then summarized the most important aspects of ethics in public organization. The course aimed on developing both personal and professional values such as ethical decision making, critical thinking competencies among others. Furthermore, they developed a well thought plan to tell the truth or whistleblower and putted it in writing to be prepared to confront corruption in the workplace. The course emphasized the need of public servants with high sense of ethics thus becoming active participants in the democratic process. What is more they were encourage to make a positive contribution into the local, state, and federal government policy process. Students assessed the administrative processes and expanded their ethical competences in order to better support higher ethical standards of public administration in a republican form of government. Student left the class armed with decision making and critical thinking abilities and the necessary competencies to preserve our democratic values and to support the Constitution of the United States of America. 8
9. 9. CONTENTS I Introduction 11 II Ethics Statement.............. 12 III Legal and Code Framework...... 13 Overview of Federal Government Ethics................. 14 Overview of State Government Ethics.. 14 Overview of Local Government Ethics.... 15 Ethics in Public Administration...... 16 The Ethics Primer's Appendix 2, Code of Ethics for Governance Service 16 The Ethics Primer's Appendix 3, America Society for Public Administration.. 17 The Ethics Primer's Appendix 4, ICMA....... 17 American Society for Public Administration..................... 18 National Firefighter Code of Ethics........... 19 Organization's Ethical Climate Enhancement and Improvement........... 20 How to Deal with Rule-bending in the Workplace............ 20 Town of Davie FRD and TOD Employees Rules on Ethics.... 22 IV Professional and Personal Principles and Valus........ 23 Figure 1 - Personal Principles and Values..... 24 Figure 2 - Professional Principles and Values......... 25 V Approaches to Ethical Thinking............ 26 Virtual and Utilitarian Approaches.. 27 Figure 3 - Personal Ethical Triangle 28 VI Ethical Decision-making Framework.... 29 9
10. 10. Personal Ethical Decision Making Framework.. 30 Figure 4 - Decision Making Chart 31 VII Plan to Tell the Truth.............. 32 Summary of Federal Whistleblower Laws (See Appendix A, B, C, & D).... 34 Summary of State Whistleblower Law (See Appendix E)............. 34 Broward County/City of Dania Beach Whistleblowers Law.......... 35 VIII Case Analysis - Ethical Solve Problem 35 Case 1 - Confronting Corruption in the Workplace............ 35 Case 2 - Going the Extra Mile Case... 37 IX Conclusion.. 38 Apendix A - Civil Service Reform Act (CSRA) of 1978.. 303 Appendix B - False Claim Act of 1986. 477 Appendix C - Whistblower Protection Act of 1989...... 495 Appendix D - Whistblower Protection Enhancement Act of 2012... 508 Appendix E - State of Florida "Whistle-Blower's Act"........ 521 References..................................................................................................................39/... 526 10
11. 11. Francisco Cabreras Ethic Portfolio I. Introduction My personal ethics portfolio resulted out of completing a variety of assignments on ethics under the supervision of Dr. Leip at the Administrative Ethic class of the MPA program during the fall semester of 2014. Since I started the MPA program, I have taken at least one class with Dr. Leslie Leip every semester during my entire academic instruction thus I would like to express my gratitude to Dr. Leip for her guidance and valuable advice. After this introduction, I wrote my personal ethic statement. We explored in detail the ethical infrastructure of the three level of government. First, at the federal level, I visited the Office of Government Ethics, the Office of Congressional Ethics, and the U.S. House of Representatives Committee on Ethics, the U.S. Senate Select Committee on Ethics, and finally the Open Government Initiative websites. Second, at the state level, I browsed the State of Florida Commission on Ethics, the Statutes, Constitution and Laws of Florida, the Administrative Procedures Committee website, the Sunshine Law, and the National and Conference of State Legislatures. Third, at the local level, the National Association of Counties, the Broward County Ethics Commission, Broward County Open Government websites, the Palm Beach County Ethics Commission, and the Miami-Dade Ethics Commission websites. Out of each assignment, we carefully selected ethics rules and regulations that would it would support our ethic demeanor during our entire public administration career. With the same purpose, we reviewed the book written by Svara (2005), titled The Ethics Primer. In addition, those working in public administration wrote a summary of the most important aspects of public organization. Since, I am not working in public administration yet, I wrote a summary about the most important aspects of my future public 11
12. 12. organization. We described our personal and professional values and we have developed a step- by-step plan to tell the truth to confront corruption in the workplace. We have printed Federal, States and Local government Whistleblower laws that I placed in Appendixes A and B. Finally, we analyzed to case scenarios about Confronting Corruption in the Workplace and Going the Extra Mile, followed by my concluding statements. II. Ethics Statement I would start my ethic statement by citing the following phrase, the highest duty of public administrators is to embrace a broad set of obligations and responsibilities that promote the public interest, demonstrate character, advance justice, and seek the greatest good (Svara, 2015, p.195). With that in mind, as a future public administrator I assume the compromise to firmly serve with integrity and professional demeanor thus treat managers, coworkers and citizens with dignity and respect exercising care and my best disposition. During the scope of my profession I will: Be honest and dependable. Maintain a positive attitude. Be sensitive to what is important to others. Promote ethical practices and good behavior. Be fair and take action not to discriminate. Encourage cultural diversity and pluralistic values. Be compassionate with the less privileged of society. Solemnly observe the Constitution of the United States. Display due diligence in every responsibility entrusted on me. Support and promote the public agency mission, goals and vision. 12
13. 13. Observe the highest standards of work ethics and ethical competency. Be aware at all times that with my decisions I might directly or indirectly affect others. Adaptability implementing change always relaying in problem solving and positive resolution. In conclusion, the highest duty of public administrators is to embrace a broad set of obligations and responsibilities that promote the public interest, demonstrate character, advance justice, and seek the greatest good. Therefore, as public servants I will act ethically at all times to the best of our abilities at work and in our private lives, always exercising integrity, honesty and due diligence. III. Legal and Code Framework These section provides an overview of the legal and code framework of the federal, state, and Local Governments. The following pages, reflects my detailed exploration of the ethical infrastructure of the three level of government. First, at the federal level, I visited the Office of Government Ethics, the Office of Congressional Ethics, and the U.S. House of Representatives Committee on Ethics, the U.S. Senate Select Committee on Ethics, and finally the Open Government Initiative websites. Second, at the state level, I browsed the State of Florida Commission on Ethics, the Statutes, Constitution and Laws of Florida, the Administrative Procedures Committee website, the Sunshine Law, and the National and Conference of State Legislatures. Followed by my research on a diverse code of ethics. Among the reviewed material, I went throughout James Svara book titled The Ethics Primer appendices 1 through 6, ASPA code of Ethics, the National Firefighter Code of Ethics. Reading, Svara (2015), was very helpful. I adopted some of these material in the framework of my professional code of ethics. 13
14. 14. Overview of Federal Government Ethics Out of exploring the federal-level ethics infrastructure of the Office of Government Ethics, the Office of Congressional Ethics, the U.S. House of Representatives Committee on Ethics, the U.S. Senate Select Committee on Ethics, and the Open Government Initiative website, I found few solid ethics rules that I would definitely have in mind during my career as public administrator. 1. The Office of Government Ethics, under the Employee Standard of Conduct Subpart G. Misuse of Position prohibited employees from using public office for personal gain, their friends, relatives or any person whom they are affiliated in a non-Government capacity and so on (United State Office of Government Ethics, 2014). 2. The Office of Congressional Ethics, under the United States House of Representatives Code of Official Conduct rule number 3. It stated that an employee may not use his or her employee status to receive compensation from any source (Office of Congressional Ethics, 2014). In conclusion, the highest duty of public administrators is to embrace a broad set of obligations and responsibilities that promote the public interest, demonstrate character, advance justice, and seek the greatest good. After we visited several federal websites we found solid rules to include in our personal ethic plan such as the Office of Government Ethics Subpart G. Misuse of Position and the Office of Congressional Ethics rule number 3. Overview of State Government Ethics The Open Government Initiative of the State of Florida established the sunshine law. The sunshine law mandates counties and local government should facilitate to the public 14
15. 15. information related to board meetings, commissions meetings, and meetings of all branches of government. According to the attorney general website state courts have a long history of supporting public's right of access to governmental meetings and records information (Office of the Attorney General of Florida, 2014). Chapter 286 stated that board, commissions and all branches of government should report, fill, maintain, retrieve and provide copies of information about meetings. However, provision 286.0113 was among the most important regulations of Chapter 286. This provision established sunshine law exclusions such as part of meeting pertaining to security system, negotiation with vendors, and negotiation strategies could be kept from public knowledge (Sunshine Law Chapter 286, 2014). In conclusion, the "Sunshine" law was the equivalent of the federal open government initiative. The law provided that all citizens of the state should have access to all branches of the state and local government meetings information. However, chapter 286.0113 stated few exception to the "sunshine" law. Since the federal open government initiative promoted accountability and transparence, the "Sunshine" law reaffirmed the states of Florida compromise with our society democratic values. Overview of Local Government Ethics Unfortunately, at the local level the ethics codes is inexistent. Neither Broward County nor the City of Dania Beach have ethics code posted on their websites. However, I posted two cases of corruption at the local level below at the end of this section. The first case was from my city of residency, Dania Beach and the second case was in the city of Waldo, Florida. To conclude, this section was a detailed exploration of the legal and ethical code framework of the federal, state, and Local Governments. While at the federal level, the legal and 15
16. 16. code of ethics information is vast at the state level decreased and it was inexistent at the county and local level of government. Ethics in Public Administration The following pages summarizes my research on a diverse code of ethics, some of which, I adopted in the framework of my professional code of ethics. Among the reviewed material, I went throughout James Svara book titled The Ethics Primer appendices 1 through 6, ASPA code of Ethics, the National Firefighter Code of Ethics. Reading, Svara (2015), was very helpful. The Ethics Primers Appendix 2, Code of Ethics for Governance Service On appendix 2, of the Code of Ethics for Governance Service I adopted for my professional code of ethics points 1, 5, and 6. "Put loyalty to the highest moral principles and to this country above all" (Svara, 2015, p.203). This point reminded me that more than a decade ago, I declared the Oath of Allegiance to the United States of America thus as I did then, I intend to keep my loyalty to this country not only throughout my private life but during my entire public service career. "Never discriminate unfairly or provide special favors or privileges to anyone" (Svara, 2015, p.203). In regard to the second point, being an immigrant in this country it has not always been easy. At the beginning, I was discriminated for not knowing the language, thereafter, for speaking this language with an accent or simply for having a different skin color. Personal integrity" (Svara, 2015, p.203). 16
17. 17. In regards to the final point, at an early age my parents taught me honesty, high work ethics and moral principles. Basically, they taught me to do the right thing because is right thing to do thus by applying this concept I have become a person of integrity. The Ethics Primers Appendix 3, American Society for Public Administrations Code of Ethics with Practices Advance the public interest. Promote the interests of the public and put service to the public above service to oneself (Svara, 2015, p.205). Being a public servant means your vocational interest is to serve others, therefore, is important to set aside any personal interest to promote fairness to the best of my abilities. Therefore, a public servant should withdraw from any other reasons than are not associated with serving others and the common good. The Ethics Primers Appendix 4, International City/County Management Association (ICMA) Professional Respect. Members seeking a management position should show professional respect for persons formerly holding the position or for others who might be applying for the same position (Svara, 2015, p.212). Reporting Ethics Violation. When becoming aware of a possible violation of the ICMA Code of Ethics, m embers are encouraged to report the matter to ICMA (Svara, 2015, p.212). As a public servant I will respect coworkers and public in general. During the MPAs Ethic class It has been stressed we should develop a whistle blowing plan for telling the truth. However, is my personal thought that whatever constitute unethical misconduct is wrong thus 17
18. 18. unacceptable and it should be appropriately addressed. The person who should have known of an unethical conduct becomes indirectly accountable. In conclusion, on appendix 2, Code of Ethics for Governance Service I will adopt points 1, 5, and 6. From appendix 4, ICMA, I will take both professional respect and reporting ethics violations. Appendix 5 and appendix 6 pretty much covered the same topics as the previous ones. Since, I consider the ASPA codes of ethics to be very important to develop my personal code of ethic portfolio I wrote on ASPA ethics code below. American Society for Public Administration It was worth noticing that ASPA revised its ethic code on March, 2013. ASPA objectives was the advancement of the the science, art, and practice of public administration" (ASPA, 2014). They are committed in developing "responsible professionalism"and "commitment to ethical professionalism" of public service workers (ASPA, 2014). All members of ASPA, including myself, we are committed to put in practice all ASPA principles. The eight principles all ASPA members must abide by are: Always place first the public interest Support our Constitution and observe the Law, Encourage democratic participation, Support social equity, Promote transparency and inform people, Display personal integrity, Maintain an ethical public organization, and Promote personal excellence (ASPA, 2014). 18
19. 19. In conclusion, ASPA code of ethics was composed of eight main points. Some of those important points were: always put the interest of the public first, support the Constitution and the Law, display personal integrity and promote ethical public organization. National Firefighter Code of Ethics I contacted Chief Andy Popick from the Town of Davie Fire Rescue Department and he kindly suggested I should visit the National Firefighters Professional Association. Most of us have a great respect and admiration for the work fire fighters perform, therefore, I did not doubt to take a look at NAPF Code of Ethics. Among the codes of the National Firefighter Code of Ethics were: "Always conduct myself, on and off duty, in a manner that reflects positively on me, my department and the fire service in general (National Firefighter Professional Association, 2012). "Accept responsibility for my actions and for the consequences of my actions" (NAPF, 2014). "Avoid situations that would adversely affect the credibility or public perception of the fire service profession" (NAPF, 2014). Except that I would replace the "fire service" profession for public service profession. In conclusion, Chief Andy Popick of the Town of Davie Fire Rescue Department suggested I should visit the National Firefighters Professional Association code of ethics. The NAPF code of ethics were simple but very precise. Public administrator should always conduct themselves with integrity in and outside our jobs. I am responsible for my actions, therefore, what I have done right or wrong has always been my responsibility. However, it takes courage to admit what you have done wrong and move on. 19
20. 20. Organizations Ethical Climate Enhancement and Improvement of Employee Views As a leader, I would enhance the ethical climate of my future organization by conducting myself with integrity. A second necessary quality to promote a positive ethical climate is to never do, or request others to do, something unethical or illegal that would compromise myself, others employees or the organization. Another way to enhance the ethical climate of my organization it would be to delegate work. Last communicate effectively, accept responsibilities for underperformance and share credit for department success. A good manner to improve the views of the people in the organization it would be to treat coworkers and the public with respect. One more way to improve the people's views in the organization it would be to have a positive reinforcing attitude. A third way to improve the views in the organization it would be to be proactive and resourceful solving issues. Moreover, showing good disposition and always being ready to meet new challenges it would improve the people's views in the organization. In conclusion, integrity was an important quality to enhance a positive ethical climate within an organization. In addition, never personally do neither requested other to do something unethical I would have enhanced the ethical climate of an organization. Other identified qualities to enhance the ethical climate of an organization it would be to delegate work, communicate effectively, accept responsibilities for underperformance and share credit for department success. In synthesis there were many good ways to improve the views of the people in the organization, but treating the public with respect was among the top of the list. How to Deal with Rule-bending in the Workplace Rule-bending at the work-place is a sensitive issue. As a person of integrity, I would like to think that I would not bend rules. That was an important part of the education I have received 20
21. 21. at home. It takes time until one person learns the real meaning of integrity, however, in between it would make few mistakes. However, a person who keep making the same mistakes not only would never learn it would never gain experience. A person who does not learn from his or her mistakes it would get in trouble in his or her job or with society. If we accept the fact that without a code of conduct there would be social chaos then rules, administrative codes, and laws are necessary to govern a civil society. Laws are necessary in society as much as administrative codes and rules are necessary in private, public and non- profit organizations. I would like to think that once you became an adult you learn the difference between what is right and wrong; therefore, you would not bend rules thus you would and always you would attempt to do what is right. Perhaps is true that "learning the specific rules and their associated sanctions does not prevent rule-bending" but at the end if you bend a rule you jeopardized your integrity. Let me help you picture rule-bending with a little personal anecdote. Once, a former supervisor requested me to lie to fire a co-worker fired. I refused, but I got on his wrong side and I got me fired. Definitely, he was not a gentleman neither a person of integrity. Should I have lied, I would have kept my job, but I did not because I knew that was wrong. In addition, my coworker was married and a father of 3 kids. In despite of being fired, I did the right thing. I did not sell my integrity to save myself or have the other person fired. There is a positive side to this anecdote; because I got fire, I went back to college and today I can share with you this experience. By the way, I just explained what I would do to address rule bending at the work place. In conclusion, rule-bending at work is a very sensitive issue. However, we always need to maintain personal integrity above all at work and outside of work. At the end, is not about your 21
22. 22. job or what other people would do or not if they were in your shoes, but is about doing what is right. Once a person learned the difference between what is right and what is wrong developing the habit of doing what is right becomes easier. Town of Davie Fire Rescue Department and Town of Davie Rules on Employees Ethics Currently, I am not working in public administration but I volunteer on a weekly basis with the Town of Davie Fire Rescue Department. Neither the Town of Davie nor the TDFRD have a code of ethics posted on the town's website. However, the fire department mission reflected their higher standard of professionalism and commitment with the citizens of the Town of Davie. "The Davie Fire Rescue Department is dedicated to the preservation of life, property and homeland security as well as the prevention of fire and other hazards to the community. We accomplished this thorough our highly-trained professionals and state-of-the-art equipment with our citizen's safety being our number one priority" (Town of Davie, 2014). What I found at the Town of Davie website was the employee's rules. Among the 16 rules and sub-rules, the closest to an ethical section was Rule XIII. Conduct of Employees on section 5 under the title prohibitions. "No employee shall willfully or corruptly make any false statement, certificate, or report regarding position or other employees. No employee shall permit or be a party to fraud preventing the impartial execution of the personnel rules. No employee considered for merit salary increase or promotion in the town service shall either directly or indirectly give, render, or pay any money, service, or other valuable thing to any person for or in connection with his/her merit salary increase or proposed promotion. No officer or employee in the classified service shall continue in such position after being qualified as a candidate for nomination or election to any town public office. (Town of Davie, 2014). 22
23. 23. The Town of Davie does not have a code of ethics. However they do have personnel rules. The closest to an ethical section of the personnel rule it was Rule XIII. Conduct of Employees on section 5 prohibitions. In conclusion, in this section I provided an overview of the legal and code framework of the federal, state, and Local Governments. Followed by my research on a diverse code of ethics. Among the reviewed material, I went throughout James Svara book titled The Ethics Primer appendices, ASPA code of Ethics, the National Firefighter Code of Ethics and I concluded with Town of Davie Fire Rescue Department and Town of Davie Rules on Employees Ethics. Reading Svara (2015), was very helpful. Finally, I did not doubt to include the researched material in my professional code of ethics. IV. Professional and Personal Principles and Values Personal Principles and Values A public servant should bring to the table the right set of value including personal integrity and good attitude. However, integrity is one of the values I first learned at home. Once a person learns the meaning of integrity then he/she can develop other values. My father used said that he could walk out of his house with a clean conscience because there was nobody out there who could question his integrity. That in a very small town has a lot of meaning. Several times, I confused his integrity with lack of ambition but time probed me wrong. Fig. 1 reflects my personal values while Fig. 2 my professional values. Please notice that I have included integrity on both my personal and professional values. The reason being is that at a very young age, my father emphasized the importance of becoming a person of integrity thus this value it has been part of my social education very early in my life as it was also part of my father's life. 23
24. 24. Fig. 1 Personal Values VALUES List your values here Definition of Personal Values List here your definition of these values here Examples of Value-driven Behaviors 1. Integrity Is having a life personal code of conduct that you would honor and abide by anywhere including work. Basically, is knowing the difference between what is right and wrong. A drive driven behavior it will be to always do what is right in your private and public life even when no one is watching. 2. Honesty A person would either do what is right or wrong. Hopefully we do the right thing but sometimes unintentionally we do something wrong. Thus honesty is being able to accept you are responsible for your right or wrong actions. A drive driven behavior is to be mentally prepare to recognize your mistakes, take responsibility and accept the consequences for your actions. 3. sincerity I have never been friend of hypocrisy. I like to tell the things as I perceive them. A drive driven behavior is stop spreading gossip; stop talking behind others people's back. 4. Caring Is the ability of being concern with others, needs, and feelings. A drive driven behavior is give money to a person who needs it or buy food to street beggar. Do not be indifferent. 5. Compassion If you have more than others, show your compassion by giving. If you cannot give listen. If you cannot listen be kind. If you cannot be kind at least do not hurt anybody. A drive driven behavior for developing a compassionate heart is to help someone that you do not know without expecting anything in return. Public servants should have the spirit to serve others no to take advantage of their positions for personal gain. Svara (2015), mentioned laws prohibit certain activities or impose controls on others (Svara, 2015, p.188). Among those prohibited activities he mentioned the 24
25. 25. use of public position for private gain, representing persons or organizations before your agency, nepotism, and disclosing confidential information or using it for private gain. Honest graft based on insider information (Svara, 2015, p. 188:189). It is important to have in mind Fig. 2 Professional Principle and Values VALUES List your values here Definition of Professional Values List here your definition of these values here Examples of Value-driven Behaviors 1. Integrity Is having a life personal code of conduct that you would honor and abide by anywhere including work. Basically, is knowing the difference between what is right and wrong. A drive driven behavior it will be to always do what is right in your private and public life even when no one is watching. 2. Work Ethics Is the ability to put you work first during the time you are at work and leave your personal life at home, day in and day out. A drive driven behavior always act upon your responsibilities of being an agent of support of your agency missions and organizational values. 3. Dependability Is doing what you promised to do by the time and day you said you will do it. A drive driven behavior it would be as simple as to being in time at work or for an appointment. 4. Adaptability Being flexible with situation and people thus with time and days. Show willingness to try new things. A drive driven behavior it would be to have an open mind and being able to embrace changes. 5. Positive Attitude Having a positive attitude is contagious but also having the wrong attitude has the same effect. Thus the person who want to become positive have to work hard to develop the positive attitude habit. A driven behavior it will be to develop the mentality that all you can do is possible and believe it will become a reality with your mind, body and spirit. In conclusion, a public servant should bring to the table the right set of value including 25
26. 26. personal integrity and good attitude. Among my personal values are integrity and honesty. In addition, public servants should have the spirit to serve others no to take advantage of their positions for personal gain. Among my professional values are integrity, a higher standard of works ethics and positive attitude. V. Approaches to Ethical Thinking On this section, I discussed my stand point on ethical thinking and why I believe is necessary to make ethical choices in a framework of respect. In addition, I also pointed out the two approaches that it would assisting making my ethical choices during my public administration career. Throughout our entire lives, as permanent members of society, we make ethical choices. However, ethics I learned, it has a different degree of meaning to people according to their nationality, cultural values, religion and social position. Simply, what is right for one person it may be wrong for another. What is right in one culture it may be wrong in another, therefore, once I moved into another country I never judge my adoptive culture. I have lived in Argentina, Germany, Spain, and in the US. When I first move from Argentina to Germany I received my first cultural and ethical shock. It was the same, more-or-less when I moved to the next country. For that reason I would like to stay within the scope of ethics in relation to public administration. Svara (2015), argued the society as a whole expect public officials to observe eight responsibilities. Among those principles, I rescue putting the public interest first or being fair, committed to serve, uphold the law and support the democratic process are all important (Svara, 2015, p.34). I believe in supporting the democratic process and the institutions that are the pillars of our democracy because our founder fathers not only wrote some of the most brilliant documents known to modern democracy and modern organizations but they embedded 26
27. 27. meaningful human kind rights such as "Life, Liberty, and the Pursuit of Happiness" empowering anybody to seek the American dream. As a public servant we carry over our shoulders the responsibility to preserve those values throughout ethics, transparency and accountability. Reading Svara's book on ethics it was very inspirational because he presented eight cases with different degrees of behavioral conflicts in clear disagreement with the principle of upholding the common good. Case 1 for instance, presented a clear case of conflict of interests. If I was the city manager, I should have known the city contributed with certain amount of money to the event thus it would have been wise to either have the city pay for my participation, as noted in the book. Or 1-I should have abstained from participating in the conference, or 2-I should have pay out of my packet (Savara, 2015, p.35). 2-On the second case, there was a conflict of interest between deciding what was best for the library employees or for the public. If I was the library manager, I would not doubt to consider how the new hours would better served people. If during this time someone retired then I would have seek the help of two volunteers or I would have replaced that employee with part time employees. According to Svara (2015), the library manager should have put the public interest over personal or organizational interest and that it would have been my response. Virtual and Utilitarian Approaches The two approaches that I would be using during my public administration career are the Virtual and Utilitarian approaches. On the one hand, I will use the Virtue Approach because it would help me see the potential within and it would guide me into the person I could become. It was easy for me to identify that I have been using this approach subconsciously in a daily basis. I can identify myself with each of the virtues of this approach: Integrity first and foremost is something that I really value but also courage, honesty, compassion, fidelity, fairness and so on. 27
28. 28. On the other hand, I will use the Utilitarian Approach because I have been influenced by moral reasoning. Furthermore moral reasoning have played a part calculating consequences on my ethics decisions thus I also identify myself with this approach. In more than one occasion, I found myself with the dilemma of how my actions can result in the less possible harm. In order to resolve problems causing the less possible harm I tried to see the whole picture and placed myself in the many shoes of the people my decision would affect. Figure 3 below represent my personal ethical triangle. Fig 3. Personal Ethical Triangle Out of the approaches to ethics, I identified myself with following two approaches: The Virtue Approach The Utilitarian Approach Our entire lives we faced ethical choices. However, ethics had different degree of meaning to people according to their nationality, cultural values, religions believes and social Principle Social Justice Duty Public Interest Common Good Openness and honesty CONSEQUENCES VIRTUE/INTUITION Serving People 28
29. 29. position. On the eight cases, in one way or another, behavioral conflicts was in disagreement with the principle of upholding the common good. When we preached doing what is right because was the right thing to do, doing the right thing became a healthy habit. In conclusion, on this section I discussed my views on ethical thinking and why was necessary to make ethical choices in a framework of respect. Furthermore, I pointed out the two approaches that it would assisting making my ethical choices during my public administration career. Virtue, principle, and consequences have positives and negatives inadequacies, especially when they are used alone. However, I placed integrity above all other values and I have mentioned its importance. The virtue approach was best aligned with my thoughts and my way of living my life. The utilitarian approach is the second approach to ethics I would adopt because I always evaluate what causes the less harm to a greater number of people. VI. Ethical Decision-making Framework The reasoning behind developing a decision-making framework varies, however, the final purpose is to successfully approach an incoming ethical challenges. On the one hand, Svara (2015), argued that the motives for developing a problem solving model is to use moral development to reason through a dilemma encounter (Svara, 2015, p.131). On the other hand, the Makkulla Center for Applied Ethics encouraged "the development of a methods for exploring the ethical aspects of a decision weighing the considerations that should impact our choice of a course of action" (Makkulla Center, 2014). Both considered essential to have a decision making plan. A methods we are supposed to learn thorough repetition until become familiar and easy to use. The methods recommended by Svara (2015), in page 135 is very similar to the model promoted by the Makkulla Center for Applied Ethics Model. However, we 29
30. 30. prefer the second of the two mostly because it is very simply and straight to the point. Personal Ethical Decision Making Framework Identify/clarify the problem Who would be affected by my decisions? Are there more than one alternative to solve this problems? Gather facts What are the real facts of the case? Where I can obtain more information about it? Are there more than one interested party in this issue? What are the marginal costs? Evaluate alternative actions throughout the utilitarian and virtue approach The Utilitarian Approach Which option will produce the most good and do the least harm? The Virtue Approach Which option leads me to act as the sort of person I want to be? Make a decision a decision and test it Have my option addressed the situation? Which one produced the best result? If I told my father which option I have chosen, what he would say? Act upon my decisions In implementing my decisions, have I been fair to all parties involved in this situation? Was my decision rightful or otherwise? Did, I learned anything from it? 30
31. 31. (Makkulla Center, 2014). In addition, I took the following Chart from Montana University School of Business. It was presented as the last step for critical thinking, however, I will use it at the fourth step of my personal decision making framework evaluating alternative solutions to an ethical problem. Fig. 4 Chart for Ethical Decision Making The Problem [state the ethical problem clearly and succinctly]: Possible Solutions Pros Cons Solution 1: Solution 2: Solution 3: Solution 4: (Montana State University, 2014) In conclusion, the reasoning behind developing a decision-making framework purpose was to successfully approach ethical challenges. Both Svara (2015), and the Makkulla Center for Applied Ethics considered essential to have an ethical decision making plan. The ethical decision making plan was best learned thorough repetition. In addition, I included a chart for decision making I will use it at the fourth step of my personal decision making framework while 31
32. 32. evaluating alternative solutions to an ethical problem. VII. Plan to Tell the Truth As a future public servant, I will bring to the table personal and professional values that includes integrity, honesty, sincerity, caring, and compassion. Among my professional values, of course my number one is integrity, then works ethics, dependability, adaptability, and positive attitude. All those values are deep-rooted in religious, socials, and moral principles throughout which I have learned the difference between what is right and wrong. Both of my parents exposed me at a very early age to the concept that integrity, hard work and dedication would lead me anywhere. I was taught never to look the other way to injustice, suffering, inequities, and wrong doing simply because there is not honor in doing so. Having a high standard values and ethics are important attributes to become a public servant. Svara (2015), argued that ethics refers to well-based standards of right and wrong that prescribe what humans ought to do, usually in terms of duties, principles, specific virtues or benefits to society (Svara, 2015, p. 12). As a public servants, I will bring honorable values that it would help me serve others and do what is right because is the right thing to do. The process of telling the truth with the federal government start by filing a written complaint with the Office of Special Counsel in Washington, DC. The OSC is an independent agency authorized to investigate and prosecute wrong doing of federal employees. The whistleblower must include the following information: the public agency department he or she works and include personal information such as name, address and best time to be contacted. Confidentiality is provided by law however if the OSC determined there would be an imminent danger to public health then all the information it would be made public. In addition, the OSC 32
33. 33. offers a toll-free number; the whistle-blower hotline, 800-572-2249. Even if the OSC finds no violation of laws the whistleblower can still pursue his or her claim if the agency he or she works for retaliates against him or her (Office of Special Counsel, 2014). The process of telling the truth in Florida start by initiating a complaint with Office of the Chief Inspector General either by calling at (850) 717-9264 or by submitting a written complaint to Office of the Chief Inspector General in Tallahassee, Fl. In addition, they offer the opportunity to complaint by email at cig@eog.myflorida.com (Florida Government, 2014). Furthermore, they offer a free whistle-blower hotline number, which is 800-543-5353. The complaint can also be send by fax at 850-921-0817. Should the whistleblower be retaliated against he or she can call 800-342-8170 or contact the Florida Commission on Human Relations in Tallahassee, Florida (Florida Executive Office, 2005, p. 1). Finally, the local government process to tell the truth start by visiting the Broward County Website, under the Ethics link, there is a section named Misconduct of Local Government Officials and Contractors with the number of the Office of the Inspector General (OIG) 954-357-TIPS. At the very bottom, in blue letters, there is a link with the name File a Complaint where a form to that effect can be downloaded and send to the OIG email address: InspectorGeneral@broward.org. The OIG, promise to investigate complaints of elected officials and appointed County officials and also employees on charges of fraud and corruption in the county municipalities. (Broward County, 2014). The following are some of the federal and the State of Florida laws enacted to protect civil servants who chose to tell the truth or as whistleblowers. The legal framework was based on federal, State of Florida and local laws enacted to protect civil servants who chose to step forward to denounce public administration wrongdoing. 33
34. 34. Federal Whistleblower Laws Enacted to Protect Civil Servants I will use these laws at my discretion to protect myself while denouncing federal, state or local government corruption. Appendix A - See page 33 1. Civil Service Reform Act (CSRA) of 1978 - It was the first time Congress enacted a law to protect Federal employees from being punished for denouncing wrongdoing. (Peffer et al., 2013, p.4). Appendix B - See page 34 2. False Claims Act of 1986 - Added a special legal protections and remedies for whistleblowers who are harassed, threatened, discharged or otherwise discriminated against in their employment because of their whistleblowing (Peffer et al., 2013, p.5). Appendix C - See page 35 3. Whistleblower Protection Act of 1989. It was a federal law enacted to protect federal employees who reported agency misconduct. (United State Congress, 1989). Appendix D - See page 36 4. Whistleblower Protection Enhancement Act of 2012. It strengthened the whistleblower protections for federal employees (United State Congress, 2012). State of Florida Whistleblower Laws Enacted to Protect State Civil Servants Appendix E - See page 521 5. SHORT TITLE.Sections 112.3187-112.31895 State of Florida Whistle-blowers Act. (The 2014 Florida Statutes, 2014). 34
35. 35. Broward County/Dania Beach Whistleblower Laws enacted to Protect Civil Servants There are no specific whistleblower act enacted neither by Broward County government, or the City of Dania Beach, therefore, we assumed county and local government public servants are protected by states and federal laws. In conclusion, as a future public servant, I will bring to the table a set personal and professional values and principles. Among those personal and professional values and principles were integrity, caring, and compassion, works ethics, dependability, adaptability, and positive attitude. There are several procedures used by federal, state, and local government public servants to combat corruption and fraud. Since 1863, the federal government has enacted several laws against corruption and fraud, however, more recent laws were also designed to public servants who denounce corruption and fraud. VIII. Case Analysis Ethical Problem Solving Using a Case Study Lifes is a good tested of character and integrity. Throughout our lives we made mistakes, however, if we acknowledge that each mistake bring an added value then we have learned a lesson and we have gained experience. Life have placed me on my knees more than once but after every single time I was put down I did get up because one of the biggest lesson life could teach is to never give up. In addition, I have learned that there are more value and more personal gratification in doing what is right thus by learning from his or her mistakes and by doing what is right a person become a better human being. Confronting Corruption in the Workplace I started my introduction to my ethics portfolio with the following words, as future public administrator I assume the compromise to solemnly observe the Constitution of the 35
36. 36. United States, to serve its people with integrity and professional demeanor and I intend to honor this country by adopting me as one of its citizens with the same rights and obligations as the rest of the American people. One of the things, I have learned in life is to do the right thing because is the right thing to do, therefore, it does not matter if I just completed my master degree or I have been 20 years in public service, when confronted with corruption I still going to denounce it. In this case, I would have begun by making a whistleblower call the 800 number provided by my agency thus I will have follow the procedures learned in this Ethic class. Doing something else it will make me an accomplice. Thanks to this country, I was able to obtain a BA in Political Science but also I am 4 classes away from a BA in History. Therefore, from a historical perspective, we can argue that while the world looked the other way millions of Armenians were exterminated by the Ottoman Empire, today Turkey. During WWII, because too many people looked the other way in Germany millions of innocent human beings died in concentration camps in Germany, Poland, and Ukraine. Thus today Christians are assassinated in Iraq in the hands of ISIS. However, looking the other way does not means these events never took place and definitely does not make them less criminal. Yes, my comparison was extremes but when one member of society start looking the other way on little things, one day we can start looking the other way to another genocide. In conclusion, by no denouncing my department grant mismanaging and allocation, or the miss use of public resources or one exam cheating, I would become part of the problem no part of the solution. In comparison with genocide all of these things are relatively smaller things but if I do that, in the future it would be easier to turn my head the other way to a larger problem. 36
37. 37. Therefore, I will make the whistleblower call into the 800 number offered by my employment even if I lose my job and I cannot pay for my student loans. Going the Extra Mile Case The Analyst Job at the County Executive Office case it could be approached from different points of views: from the people point of view, from the management point of view, and from the employee points of view. Since the case does not mention the reason why people was let go, I will assume there were let go to save taxpayers money. First, from the people point of view. The truth is that people pay taxes for public administrators do their jobs. Even though, public servants do a variety of jobs the most important job of all is to serve people in the community. Second, from the management point of view. They give orders and they expect employees to follow them. However, what is wrong is wrong and in this case management sucks. They are doing a lousy job and there is no a valid excuse for it. Someone at the office should have solved this problem way before it happened. Besides by management lack of performing their work everyone under them has to suffer including the people they are supposed to serve. Third, from the employee point of view, if I would have been that employee, I would have brought this problem to the attention of my managers before I reached my work load limits. Besides, every single time I was delegated a new task I would have evaluated with my manager my priorities. Spending more weekends at the office than with my family constitute a problem for me, I would have long said Houston, we have a problem, lets fix it. Definitely, I would have been proactive seeking a solution with my manager, my managers managers, or human resources. I would have argued that by not being effective we are unfair with the people we serve. Even though, as an employee I could not make organizational changes, I am in control of my own life thus I would have refused to be part of a public 37
38. 38. organization that it does not care for is residents and if I was not able to change things then I would have left. However, from the ethical stand point, the managers and the employees of the County Executive Office all failed to serve the people in their community. Once, I would have gone the extra mile for the residents but not for my managers. Furthermore, what person in his or her right mind wants to work for manager who lack of strategic planning skills? To conclude, this case could have been approached in a more effective way. People would not care how the job is done but only that the job is taking care off. Management was doing a lousy job and they should have solved this problem way before it happened. I would have been that employee I would have secured help way before something like this has happened. I would have gone the extra mile for the residents, however, spending more weekends at the office than with my family was as wrong as not properly serving the people in my community. Even though, an employee I could not made changes, he or she still in control of his or her life. What is more, I would have refused being part of an organization that neglected its residents. However, from the ethical stand point, the managers and the employees of the County Executive Office all failed to properly serve the people in their community. IX. Conclusion In conclusion, this ethics portfolio resulted out of completing a variety of assignments on ethics. I expressed my gratitude to Dr. Leip for enhancing my student life and by her advices and guidance. This ethic portfolio was composed from a brief introduction, my personal ethic statement, and several other parts were completed out of exploring the ethical infrastructure of the federal, state, and local level of government. Out of each tasks, we carefully selected ethics rules and regulations that would help expand our ethic personal values that it support our ethical behavior during public administration career. We reviewed the book written by Svara (2005), 38
39. 39. References Adelman, A. (2014, September 4). Former Virginia Gov. Bob McDonnell, wife found guilty on federal corruption charges. Daily News, p. unknown. Retrieved September 4, 2014, from Daily News Web site: http://www.nydailynews.com/news/politics/va-gov-bob- mcdonnell-wife-found-guilty-federal-corruption-charge-article-1.1928081 ASPA. (2013, March). CODE OF ETHICS. Retrieved October 1, 2014, from ASPA Web site: http://www.aspanet.org/public/ASPA/Resources/Code_of_Ethics/ASPA/Resources/ Code%20of%20Ethics1.aspx?hkey=acd40318-a945-4ffc-ba7b-18e037b1a858 Broward County. (2014, October 8). Broward County Ethics. Retrieved October 8, 2014, from Broward County Web site: http://www.broward.org/ReportAComplaint/Pages/ Ethics.aspx Bryan, S. (2013, July 28). Pat Flury says questions over residency not real reason she quit commission in Dania Beach. Sun-Sentinel. Retrieved October 1, 2014, from Sun-Sentinel Web site: http://articles.sun-sentinel.com/2013-07-28/news/fl-pat-flury-profile-dania- 20130728_1_longtime-commissioner-residency-patrick-phipps Executive Office of the Governor Office of the Chief Inspector Officer. (2005). Blow the Whistle on Fraud and Abuse in Florida [Brochure]. Retrieved October 7, 2014, from Florida Government Web site: http://www.flgov.com/wp-content/uploads/ig/wbbrochure.pdf Florida Government. (2014, October 7). Whistle-Blower Complaint. Retrieved October 1, 2014, from Florida Web site: http://www.flgov.com/whistle_blower_test/ Markkula Center for Ethics. (2014, October 14). A Frame-work For Thinking Ethically Making., Retrieved October 21, 2014, from Santa Clara University Web site: http://www.scu.edu/ ethics/practicing/decision/ Markkula Center for Ethics. (2014, October 14). Whistleblowing in the Public Sector., Retrieved October 21, 2014, from Santa Clara University Web site: http://www.scu.edu/ethics/ practicing/decision/ McElhatton, J. (2014, July 10). EXCLUSIVE: Head of trademark office accused of nepotism. The Washington Post, p. unknown. Retrieved October 10, 2014, from The Washignton Post Web site: http://www.washingtontimes.com/news/2014/jul/10/head-trademark- office-accused-nepotism/#ixzz3BtzuvWMK National Firefighter Professional Association. (2012, February 2). National Firefighter Code of Ethics. Retrieved October 1, 2014, from National Firefighter Code of Ethics Web site: http://media.cygnus.com/files/cygnus/document/FHC/2012/JAN/ firefightercodeofethics_10617355.pdf 39
40. 40. Office of Congressional Ethics. (2014, October). United States House of Representatives Code of Official Conduct. Retrieved August 24, 2014, from Office of Congressional Ethics Web site: http://oce.house.gov/code-of-official-conduct.html Office of Special Counsel. (2014, October 7). File a Complaint. Retrieved October 1, 2014, from Disclosure of Wrongdoing Web site: https://osc.gov/Pages/DOW-OurProcess.aspx Peffer, S. L., Bocheko, A., Del Valle, R. E., Osmani, A., Peyton, S., & Roman, E. (2013). Whistle Where You Work? The ineffectiveness of the Federal Whistleblower Protection Act of 1989 and the Promise of the Whistleblower Protection Enhancement Act of 2012. Review of Public Personnel Administration, 1-12. October 8, 2014. http://dx.doi.org/ 10.1177/0734371X13508414 Santa Clara University, the Jesuit University in Silicon Valley. (2014, October 14). Ethical Decision Making. Retrieved October 14, 2014, from SCU Web site: http://www.scu.edu/ ethics/practicing/decision/ Svara, J. (2015). The Ethics Primer for Public Administrators in Government and Nonprofit Organizations (2nd ed.). Burlington, MA: Jones & Bartkett Learning. The 2014 Florida Statutes. (2014). SHORT TITLE.Sections 112.3187-112.31895 Whistle- blowers Act.. Retrieved from Online Sunshine Web site: http://www.leg.state.fl.us/ statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0112/Sections/ 0112.3187.html The Guardian. (2014, September 2). Florida 'traffic trap' town suspends two police chiefs after ticket quota claims. The Guardian, p. Unknown. Retrieved September 1, 2014, from The Guardian Web site: http://www.theguardian.com/world/2014/sep/02/florida-traffic-ticket- trap Town of Davie. (2014, October). In Human Resources, Personnel Rules. Retrieved October 1, 2014, from Town of Davie Web site: http://www.davie-fl.gov/Pages/ DavieFL_HumanResrs/Rules/index United State Congress. (1989). Whistleblower Protection Act 1989 [One Hundred First Congress of the United States of America]. Available October 10, 2014, from FAU Web site: https://bb.fau.edu/bbcswebdav/pid-1511299-dt-content-rid-15978003_1/courses/ PAD6436001_2014F_95863/ Whistleblower%20Protection%20Act%20%28WPA%29%20of%201989.pdf United State Congress. (2012). Whistleblower Protection Enhancement Act of 2012 [One Hundred Twelfth Congress of the United States of America]. Available October 10, 2014, from FAU Web site: https://bb.fau.edu/bbcswebdav/pid-1511302-dt-content-rid- 15978004_1/courses/PAD6436001_2014F_95863/ 40
41. 41. U.S. Department of Labor. (2014, November 29). The Civil Service Reform Act of 1978. Retrieved November 29, 2014, from U.S. Department of Labor Web site: http:// www.dol.gov/oasam/programs/crc/Civil-Service-Reform-Act-1978.pdf United State Government Printing Office. (2014, November). False Claim Act of 1986. Retrieved November 29, 2014, from U.S. Government Printing Office Web site: http:// www.gpo.gov/fdsys/pkg/STATUTE-100/pdf/STATUTE-100-Pg3153.pdf 41
42. 42. VI. Regulations PAD 6612 Christopher Atkinson, Ph.D. December 10, 2013 Artifact II Where America Stands on Immigration and Deportation Policies Regulation is a core course in the Master of Public Administration. While the purpose of this paper was to demonstrate the social, political and economic effects and implications of immigration policies the overall purpose of this class was to examine how and why bureaucracies develop regulations and contributed to the understanding of the role they play within the policy process influenced by economic, political, administrative, and social factors that in turn affected the lives of Americans. As most relevant issues in America, deportation policies crossed party affiliation lines uncovering divisions among those who supporting and opposing them. Furthermore, we could not analyze deportation policies without touching the immigration question. In class, we analyzed public policy formulation and implementation together with public participation and how that participation could affect the rulemaking process. Awareness about the importance of public participation and contribution in Americas policy process was stressed. Students became familiar with the regulatory environments and get familiar with legislative and executive bodies where regulations takes place either at the local, state or federal levels. What is more, especial consideration was given to what constituted the public interests and we focused in learned the legitimacy in government from a regulatory standpoint. Emphasis was placed in understanding how regulations and administrative rules were drafted, adopted, and implemented and the legal context of public affairs. Students benefited from a rich discussion on regulation of several political, social, and economic issues. 42
43. 43. Abstract As the American economy is less prosperous than in previous years, issues that were considered less important are brought back to the daily Americans discussion table. Among those issues associated with illegal immigration are deportation policies. As most relevant issues in America do, deportation policies crossed party affiliation lines uncovering the divisions between those who supported them or opposed them. Furthermore, we cannot refer to deportation policies without speaking about the immigration question. While those who blamed immigrants as being part of the problem favored stricter deportation policies and regulations, others who believe this is a country of immigrants welcomed the arrival of new immigrants seeking their American dream thus supported less strict deportation regulations. Throughout the analysis of several scholarly articles, the intention of this research is to test where political parties, the American society, and Hispanics stand along deportation issues. 43
44. 44. Where America Stands On Immigration and Deportation Policies As the American economy is less prosperous than previous years, issues that were considered less important are brought back into the daily discussion table. Among those issues are immigration and deportation policies. Closely intermingled, one cannot speak of deportation without referring to immigration and vice versa. Recently, President Obama urged legislators to focus on immigration reform, thus at the present moment it has a higher degree of salience. The two major political parties would debate in Congress the destiny of millions of persons living illegally in the U.S. and if they could earn the right to pursue the American Dream. Since Republicans commonly favor tougher immigration laws, it was logical to assume they would be against providing immigrants a path for citizenship, and be for tougher deportation policies. On the other hand, Democrats usually are friendly supporters of a new immigration reform, thus it was common sense to assume they will support an immigrant's path to citizenship by being against deportation policies. However, like most relevant issues in America, the immigration and deportation issue is complex, crossing in its path party affiliation lines and minority groups. As the amount of Latinos increases by birth rate or by immigration, it is most likely more Hispanics would access citizenship. In recent presidential elections, Latinos have been a deciding factor between the two parties. Curiously, feelings towards immigration of Hispanics and deportation are also divided among loyalties to the Republican and Democrat parties. However, as deportation continues to rise during Obama's administration more Latinos are opposing his administration deportation policies. "In recent years, the debate over illegal immigration has often been posed as a choice between two competing prioritiesincreasing border security and enforcement or providing a path to citizenship to immigrants who are in the country illegally" (Lopez et al., 2011, p.8). This 44
45. 45. review of the literature explores where America stands on immigration laws and deportation policies and supports the premises that these issues are intermingled thus controversial along party lines, within the American society, and in-between immigrant groups, especially Hispanics. The first article reviewed to understand where the political parties stand on immigration and deportation policies was titled "U.S. Deportation Policy, Family Separation, and Circular Migration" by Hagan, Easchback, & Rodriguez (2008). This article reviewed immigration laws established primarily during the administration of Presidents William J. Clinton (D) and George W. Bush (R). The laws enacted by both administrations facilitated the massive deportation of illegal immigrants. Hagan, Easchback, & Rodriguez (2008) analyzed the findings of 300 surveyed immigrants of Salvadorian deportees. In short, Clinton signed two laws in 1996, the Illegal Immigration Reform and Responsibility Act (IIRIRA) and the Anti-Terrorism and Effective Death Penalty Act (AEDPA). In 2001, following the terrorist attacks on the World Trade Center, President Bush signed the Patriot Act. Clinton's IIRIRA had two provisions that easier illegal immigrant deportation. Under IIRIRA, immigrants who arrived in one of U.S. ports of entry without a visa or proper documentation could be deported without due process. While IIRIRA increased the number of offenses for deportation of illegal immigrants, AEDPA strengthened the authority of the Immigration and Naturalization Service --now under the Department of Homeland Security-- Border Patrol, Coast Guard, and U.S. Custom. Under AEDPA these federal agencies were authorized to deport illegal immigrants caught entering the U.S. without judicial process. (Hagan, Easchback, & Rodriguez, 2008. p. 1, 2). These new immigration laws set in place deportation policies that increased the numbers of deported immigrants. While in 1990, the average of deportation was 40,000 immigrants yearly and by 2005 that number had increased to 45
46. 46. roughly 210,000. Only 43% of those deported individuals were deported based on criminal background. The majority of them (57%) did not have previous criminal records, but they were in violation of U.S. immigration laws. Hagan, Easchback, & Rodriguez (2008) detailed that most of these immigrants without criminal records belonged to one of the poorest countries in Latin America. Most of those who were deported were nationals of Mexico (69%) and Central American countries (16%) without a criminal record. Almost one million immigrants accepted leaving the U.S. voluntarily (Hagan, Easchback, & Rodriguez, 2008. p. 2, 3). Salvadorian deportees were interviewed face-to-face by local interviewers trained by members of the U.S. research team who participated in the Welcome Home Program (Bienvenido a Casa-BAC) established by the Salvadorian government. Immigrants receiving resources such as hospitals and schools without contributing taxes is often presented as an argument against illegal immigration. The survey revealed that most of the Salvadorian deportees never attended schools in the U.S.; therefore they never affected school economic resources. Of the immigrants, 7% were deported to El Salvador upon arrival. Before deportation, 78% of them had steady work, thus we can assume their purpose to migrate into the U.S. was seeking better economic conditions. After being deported from the U.S., 38% of them said they would attempt to come back. Hagan, Easchback, & Rodriguez (2008) estimated that out of 210,000 deportees in 2005, 80,000 of them may plan risking their lives to get illegally back into the U.S. throughout the Mexican border. Two reasons Mexican immigrants may want to come back into the U.S. were first, the extensive common border which makes it easier for them to venture back into the U.S. and second, family pressure due to the loss of remittances. Hagan, Easchback, & Rodriguez (2008) reviewed immigration laws established primarily during the administration of Presidents William J. Clinton (D) and George W. Bush (R). The 46
47. 47. laws enacted by both administrations facilitated the massive deportation of illegal immigrants living in the U.S. In 1996, Clinton signed two laws, the Illegal Immigration Reform and Responsibility Act (IIRIRA) and the Anti-Terrorism and Effective Death Penalty Act. In 2001, followed the terrorist attacks on the World Trade Center, President Bush signed the Patriot Act. Therefore, my stand on this issue was that the U.S. Government should discourage illegal immigrants from crossing into the U.S. by increasing the Border Patrol economic resources. Since 78% were illegally working in the U.S. with fake documents, Congress should enact laws authorizing the INS to create tougher domestic policies against those who falsified U.S. IDs and Social Security numbers and those who distributed fake documentation. The second article reviewed to understand where the political parties stand on immigration and deportation policies was titled "Illegal Immigration: Gap Between and Within Parties" from the PEW Research Center for the People and the Press (2011). Under the direction of Princeton Survey Research Associates International, interviewers at the Princeton Data Source, called 2,001 adults, over 18 years of age living within all 50 States and the District of Columbia. Since the interviews were conducted by telephone the sample may contain errors. In addition, it may have been possible that the sample of the population interviewed did not represent the entire population, and there was not a feasible way to corroborate if the interviewers influenced the respondents. Respondents' party identification assumed the preconceived idea that conservatives leaned towards the Republican Party; those who were liberal leaned towards the Democrat party, and those who were Independent usually inclined the opinion's balance toward one side or the other. However, this survey revealed that the immigration issue provoked hesitation and sympathy amongst Republican, Democrats and Independents alike. 47
48. 48. "The public continues to support tough measures to crack down on illegal immigration, but also a path to citizenship for those in the country illegally" (PEW Research Center for the People & the Press, 2011, p. 1). According to respondents' ages, there was a disconnection in immigration policies within the Republican Party. The opinion of 65 and older Republicans and Grand Old Party Tea Party sympathizers was the government should prioritize border security and stricter immigration law enforcement. Of those younger-than-30-years-old Republicans, 42% favored stricter border security and path to citizenship inclusion and 30% stated their preferences on border security and stricter immigration law enforcement. As of November 2011, "More than twice as many Republicans as Democrats said the priority for dealing with illegal immigration should only be better border security and stricter law enforcement" (PEW Research Center for the People & the Press, 2011, p.2). To understand where the major political parties stand on immigration and deportation policies, we analyzed a survey from the PEW Research Center. The study revealed a clear division between Republicans, Democrats, and Independents. Republicans who sympathize with the Tea Party were most likely to support border security and stronger immigration laws than those who do not sympathize with the Tea Party. Democrats who approved the government immigration policies most likely would disapprove deportation of illegal immigrants. Republican, Democratic, and Independents were equally likely to approve or disapprove the ways Barack Obama was handling the nation's immigration policies; thus deportation policies. Overall, people's attitudes towards immigration and deportation policies were overwhelming high and evenly across every section of the studied population. "What Triggers Public Opposition to Immigration? Anxiety, Group Cues, and Immigration Threat" by Brader, Valentino, and Suhay (2008), revealed how the American elite 48
49. 49. classes influenced people's opinion in immigration policies. The reaction of the American people on immigration costs depended on who are the immigrants. "We confirm this suspicion in a nationally representative experiment: news about costs of immigration boosts white opposition far more when Latino immigrants, rather than European immigrants, are featured" (Brader, Valentino, & Suhay, 2008, p. 1). The findings were confirmed by their second study. Since 2004, there has been a renewed public debate on immigration issues. That debate was manipulated by the elites with the intention to "suggest the interests, values, or lifestyles of citizens are in harm's way..." thus "elite discourse tends to emphasize adverse consequences for jobs, taxes, crime, schools, cultural norms, or social harmony" (Brader, Valentino, & Suhay, 2008, p. 1). Opponents to immigration were greater than those who supported it. Perhaps the explanation was that a great number of Americans usually were badly informed on immigration issues. In addition, they argued that mass media and reporters contributed spreading a negative image of Hispanic by spreading rumors like Latinos do not assimilate the American culture; they use public resources or boost crimes and take American jobs. "News coverage from 1995 to 2005 was twice as likely to stress the cost of immigration as the benefits"..."anti-immigration rhetoric also often...makes a distinction between stigmatized ethnic or racial groups, such as Hispanics, and "good immigrants, such as those from Canada, Ireland or Poland" (Brader, Valentino, & Suhay, 2008, p. 4). Finally, Brader, Valentino, & Suhay (2008) provided conclusive evidence that American people's opinion on immigration could be manipulated to believe that Caucasian Eastern European immigration was better than Hispanic immigration. American Caucasians were less favorable to support spending in education and social benefits when immigrants were from Hispanic descend and were more favorable spending taxpayer dollars when immigrants were 49
50. 50. Caucasians of diverse Eastern European states. Elite groups influenced public opinion and political agenda by manipulating people's emotions. A second experiment confirmed the manipulation consistency not only by the elites but also from the media. Therefore, we could hypothesize that the American people who were influenced to support education spending cost for Caucasian Eastern European immigrants but not for Latinos most likely could be manipulated to support tougher immigration laws and deportation policies for Hispanics immigrants than for Caucasian Eastern European immigrants. However, a deeper study was needed to demonstrate this hypothesis. "Cultural Logics of Belonging and Movement: Transnationalism, Naturalization and the U.S. Immigration Politics" by Susan Bibler Coutin (2003) described that during the Clinton administration, immigrant citizenship was favored but enacted stricter immigration policies with new immigration laws. This paper was important to this study because then as today there is a national immigration debate. When immigration policies were tightened, Bibler Coutin wrote, the demographics of the U.S. changed, but some immigrants struggle to regularize their legal situation. As mentioned above, in 1996, President Clinton passed the Illegal Immigration Reform and Responsibility Act (IIRIRA). "Other restrictive immigration measures, such as denying citizenship to the U.S. born children of undocumented immigrants, were also considered" (Bibler Coutin, 2003, p.2). During the Clinton administration the U.S. government encouraged immigrants to become citizens, but at the same time tightened immigration policies by passing IIRIRA Reform. IIRIRA established stricter border enforcement laws and made harder for illegal immigrants to become legal residents. However, in the 2004 presidential election, George W. Bush took a different approach resolving the immigration issue by doing exactly the opposite Clinton did. Bush loosened immigration policy thus he received overwhelming support from the 50
51. 51. Hispanic community. Two years later, his administration attempted to expand the categories of illegal immigrant deportation crimes. Furthermore, he promoted punishing employers hiring illegal immigrants. Both of these proposed measures generated Hispanic public mobilized protests. In addition, GOP conservatives became irritated with a reform treated in Congress intended to provide a balance between border controls and gave a path to immigrant legalization (Brader, Valentino, & Suhay, 2008, p.2). Espenshade et al. tested several hypotheses about factors that influenced respondents' attitudes. Bibler Coutin (2003) said that during the Clinton administration, the U.S. government encouraged immigrants to become citizens, but at the same time tightened immigration policies passing new immigration laws. While immigration policies were tightened the demographics of the U.S. changed, but some immigrants struggle to regularize their legal situation. However, in the 2004 presidential election, George W. Bush took a different approach resolving the immigration issue by doing exactly the opposite Clinton did. Bush loosened immigration policy thus he received an overwhelming support from the Hispanic community. In my opinion, when immigration laws and deportation policies were part of a national political debate little matter whether the president is a Republican or a Democrat. Since Congress only approved a consensual stricter or a lesser immigration and deportation policies, in my opinion, it little matters whether the president was a Republican or Democrat. "Contemporary American Attitudes Towards U.S. Immigration." by Thomas J. Espenshade and Katherine Hempsted (1996) tested several hypotheses about factors that influenced respondents' attitudes. "California's Proposition 187 registered more than seven on the Richter scale of public opinion toward illegal immigration and radiated tremors that were felt throughout the rest of the United States and as far south as Mexico City." (Espenshade & 51
52. 52. Hempstead, 1996, p. 2). In 1994, Proposition 187 denied public K-12, post-secondary education, and non-emergency health services to undocumented immigrants illegally residing in California. At the beginning of 1990s, Governor Pete Wilson rode to reelection in California championing Proposition 187, which denied government services to immigrants. This "victory," however, may have damaged Republican Party prospects in the nation's most populous state by alienating Hispanic citizens" (Brader, Valentino, & Suhay, 2008, p.4). With Proposition 187, California started an anti-immigration trend that spread through Arizona, New Mexico, Texas and other states with a large pr