Emerging Issues-Promotion Kelly Smith Pam Edgerton Tracy Kubicz

Background The CO of a local law enforcement agency was retiring. The main candidate was his XO The XO had a reputation for exceptional competence, honesty, and integrity in all aspects of his profession Local politicians came to visit to lend their support in a “you scratch my back I’ll scratch yours” kind of way in which he replied: “I really appreciate your faith in me. And I would appreciate your support. You know I will always do the right thing in terms of fairness and honesty when it comes to the profession.” After all the interviews all but two judges agreed It just so happens that the two dissenting judges were the only ones who attempted to use their influence to have the XO hire applicants that those two judges recommended for hiring

Problems/Issues Moral, Legal and Ethical Morality is the standards of rightness and goodness by which we judge human behavior. Ethics are rules of conduct that govern a particular class of human actions. Legal issues are what makes it illegal

Moral, Legal and Ethical The moral and ethical issues raised in this situation would be the XO compromising his morals and integrity by allowing the two dissenting judges to influence him for their vote. According to jurisprudence “Judges are to refrain from inappropriate political activity.” Another issue is that the dissenting judges are attempting to use their influence to bribe the XO in exchange for their vote. A judge “shall not lend the prestige of judicial office to advance the private interests of the judge or others”. The legal issue in this situation is bribery. Bribery is anything given to persuade or induce, and the two dissenting judges are clearly attempting to bribe the XO into hiring their applicants in exchange for their votes for his promotion.

Perspectives The moral and ethical perspectives that are evident in this situation: Virtue Ethics Consequentialism Deontological ethics Contractarianism.

Perspectives Virtue Ethics is the goodness within ourselves and focuses on doing the right thing because it is right. The XO had previously stated that he would always do the right thing in terms of fairness and honesty when it comes to the profession. This makes it clear that the XO would not be influenced by the dissenting judges.

Perspectives Consequentialism is the view that makes moral standards valid is the fact that acting on them produces good effects By the XO not wavering his morals he could possibly end up earning the respect of the judges and getting the job

Perspectives Deontological ethics is the view that moral requirements do not depend on whether the actions required produce good consequences. By standing up to the judges because of his morals he could be compromising his chances of earning their vote and the job

Perspectives Contractarianism views government oaths and codes of conduct as promises which basically constitute a contract. Judges are to avoid all impropriety and must respect and honor the judicial office, which applies to both the professional and personal conduct of a judge. By trying to use their judicial prestige to sway the XO they are not avoiding impropriety

Implications The moral and ethical implications: Individual, Dissenting Judges, Organization and Society. Individual: The moral and ethical implications for the XO are that he loses trust and respect for the dissenting Judges, and he may not be able to trust them with future matters. Also, if the XO allows the Judges to influence him in exchange for their vote, he loses his own self respect as well.

Implications Dissenting Judges: The implications of the two dissenting judges would be that they are tarnishing the integrity of their profession by attempting to use their judicial influence for personal gain of having the XO hire their applicants. Judges are subject to constant public scrutiny, and by not respecting the judicial office they are not facilitating the orderly conduct of legitimate judicial functions, which is a violation of their code of ethics and conduct.

Implications Organization: The implications to the organization would be allowing the applicants of the two dissenting judges to be hired. The applicants may not possess the qualifications for the position, therefore being a detriment to the organization. It also diminishes the integrity of the law enforcement organization as well as decreasing morale of existing employees.

Implications Society: The moral and ethical implications to society would be deterioration of public confidence. Public confidence is eroded by irresponsible or improper conduct of Judges, and other public officials.

Summary In summary, a CO of a state law enforcement organization has decided to retire, and the second in charge, the Executive Officer (XO), would like the promotion to replace the CO. The XO has already proven himself because of his outstanding reputation, which should guarantee him the promotion, but it does not. The XO needs approval from all nine Circuit Court Judges to make his promotion official, and all but two Judges agree. The two dissenting Judges will give the XO their vote as long as he hires their applicants for future employment.

Recommended Actions Individual Since the XO did not let the judges sway him there are no recommended actions necessary For the judges they should be automatically disbarred and there should be an inquiry to see if those two judges had tried to sway others and if in fact had succeeded

Recommended Actions Organizational If the judges managed to persuade any other officials to hire their applicants there should be a restructuring of that facility with trained professionals

Questions and or Comments?

The End Kelly Pam Tracy