Reports on Case Activity and Requests

Ethics Activity During 2022

Jim Peters, FAICP retired after 7 years as AICP Ethics Officer. Ralph Willmer, FAICP was named the new Ethics Officer.

33 Total Misconduct Cases

Nine (9) cases dismissed by Ethics Officer

• No evidence submitted to suggest violation of the Code or warrant a formal charge
• Respondent was not a member of AICP
• Complainant chose to withdraw complaint

Ten (10) Cases Settled

• 7 cases settled of misuse of AICP credential resolved when member agrees to cease misuse of credential
• Confidential Letter of Admonition to a planning consultant (FAICP member) for inappropriate email in violation of Rule 6
• Confidential Letter of Admonition to a planning consultant in violation of Rules 1, 14 and 16 regarding misrepresentations of information in a planning report and plagiarism
• Public Letter of Admonition and Permanent Revocation of AICP/FAICP membership to a public planner for sexual harassment (Rule 20)

Fourteen (14) cases pending/ongoing

• Alleged violation of Rules 5, 6, 14, 20 regarding equity and inclusion issues (Ethics review suspended until matter is adjudicated in court
• Plagiarism (Rule 16) — Confidential Letter of Admonition issued but appealed by Respondent
• Alleged violation of Rules 6 and 22 for deliberately committing a wrongful act; and harassment and retaliation
• 7 complaints from members of the public alleging various violation of the Code
• Alleged violation of Rules 7 and 8 for conflict of interest
• Alleged violation of Rule 16 for plagiarism
• Alleged misuse of AICP credential
• Alleged violation of Rule 20 for harassment

Ethics Committee Actions

• Reviewed and recommended ethics sessions for 2022 National Planning Conference
• Prepared annual "Ethics Case of the Year" (COY) for Certification Maintenance training at national, state chapter, and local section planning conferences. Committee members presented the COY at NPC22, as well as at several state and local section conferences.
• Reviewed appeals of discipline issued by Ethics Officer
• Drafted blog postings for AICP Ethics webpage

28 TOTAL MISCONDUCT CASES

Twelve (12) Complaints Dismissed (No Charges Filed)

• Dissatisfied with results of planning process (six cases)
• Inaccurate information (four cases) — Rule of Conduct 1* (new Rule 1)
• Misrepresented views, wrongful conduct (two cases) — Rules 1, 10, 12, 18, 25 (new Rules 1, 14, 15, 5, 6)

Five (5) Complaints Dismissed (After Formal Charges Filed)

• Conflicts of interest (two cases) — Rules 3, 4, 8, 9 (new Rules 19, 18, 9, 10)
• Inappropriate public language — Rule 25 (new Rule 6)
• Misrepresented views — Rules 10, 25 (new Rules 14, 6)
• Moonlighting — Rules 4, 6 (new Rules 18, 8)

Nine (9) Cases Settled

• Agreements by non-AICP members to cease misuse of AICP credential (four cases)
• Confidential Letter of Admonition: To a consulting planner (FAICP member) for plagiarism in a public document. — Rules 15, 17, 25 (new Rules 3, 16, 6)
• Public Letter of Admonition to a public planner (FAICP member) for taking credit for the work of others in a professional resume. — Rules 12, 17 (new Rules 15, 16)
• Indefinite Suspension of AICP membership to a public planner who sent inappropriate text messages regarding an elected official to a plan commission member. The indefinite length of the suspension was applied since the planner previously had been suspended for making inappropriate comments on social media and in emails. — Rules 9, 25 (new Rules 10, 6)
• Revocation of AICP membership to a public planner who worked two public jobs simultaneously, without notifying either employer. — Rules 2, 9, 25 (new Rules 2, 10, 6)
• Permanent Revocation of AICP/FAICP membership to a retired consulting planner who continued to use the credentials on a professional web site, despite having been warned repeatedly following the revocation of their credential in 2017. — Misuse of credential

Two (2) Cases Pending

• Sexual harassment — Rule 25 (new Rule 6)
• Inaccurate information — Rules 1, 18, 25 (new Rules 1, 5, 6)

ETHICS COMMITTEE ACTIONS

• Participated in Ethics Code Update Task Force, which submitted draft revisions of Sections A, B, and C of AICP Code of Ethics and Professional Conduct for member review, revised Code revisions accordingly, and presented to AICP Commission for final review and adoption in November 2021. New Code went into effect Jan. 1, 2022.
• Reviewed and recommended ethics sessions for 2021 National Planning Conference
• Prepared annual "Ethics Case of the Year" (COY) for Certification Maintenance training at national, state chapter, and local section planning conferences. Committee members presented the COY at NPC21, as well as at several state and local section conferences.
• Finalized updated Ethics-CM criteria for use in ethics training sessions in 2022.
• Reviewed appeals by members of the public of the decisions of the Ethics Officer in three ethical misconduct cases. Upheld the rulings in all three cases.
• Reviewed five disciplinary actions and authorized the publication of three of those disciplinary actions in Interact.

154 REQUESTS FOR INFORMAL ADVICE

21 TOTAL MISCONDUCT CASES

Eight (8) Complaints Dismissed (No Charges Filed)

• Failure to notify affected parties — Ethics Code Rules of Conduct #1, #18, and #25
• Illegal discrimination — Rule of Conduct #20
• Inappropriate comments at virtual public meeting — Rule of Conduct #25
• Providing inaccurate information (four complaints) — Rules of Conduct #1 and #18
• Sexual harassment (filed against non-AICP member) — Rule of Conduct #25

Five (5) Complaints Dismissed (After Formal Charges Filed)

• Gaining a special advantage (two complaints) — Rules of Conduct #14 and #25
• Inappropriate public contract procurement — Rules of Conduct #8, #14, and #25
• Non-disclosure of secondary employment — Rules of Conduct #4, #8, and #19
• Providing inaccurate information — Rules of Conduct #1 and #18

Five (5) Cases Settled

• One-year suspension of AICP certification: For derogatory comments made by a public planner on social media and in email correspondence (based on two separate misconduct complaints). Disciplinary action included a requirement for professional mentoring by an FAICP member, as identified by the Ethics Committee — Rule of Conduct #25
• Three written agreements by non-AICP members to cease misuse of AICP credential

Three (3) Cases Pending

• Plagiarism — Rules of Conduct #15, #17, and #25
• Misrepresentation of professional statements — Rules of Conduct #10 and #25
• Misuse of AICP credential by a non-member

ETHICS COMMITTEE ACTIONS

• Participated in Ethics Code Update Task Force, which produced draft revisions of Sections A, B, and C of AICP Code of Ethics and Professional Conduct. Presented draft revisions to AICP Commission. Commission subsequently sent to Executive Committees of the APA components (CDC, Division Council, etc.) for their review in advance of the full membership. (To be distributed to membership for comments in 2021).
• Reviewed and recommended ethics sessions for 2020 National Planning Conference
• Prepared annual "Ethics Case of the Year" (COY) for Certification Maintenance training at national, state chapter, and local section planning conferences. Committee members presented the COY at NPC20, as well as at several state and local section conferences.
• Updated Ethics-CM criteria for use in ethics training sessions (beginning in 2022).

130 REQUESTS FOR INFORMAL ADVICE

18 Total Misconduct Cases

Nine (9) Complaints Dismissed

• Providing inaccurate information – Rule of Conduct #1 (two cases)
• Improper modification of subdivision ordinance – Rules of Conduct #1 and #8
• Obtaining personal benefit from public project – Rule of Conduct #6
• Misrepresenting the views of another planner – Rule of Conduct #10
• Divulging confidential information – Rule of Conduct #19
• Harassing member of public through outreach – Rules of Conduct #20 and #25
• Complaints against non-AICP members (two cases)

Eight (8) Cases Settled

• Confidential Letter of Admonition issued to public planner for divulging confidential information – Rule of Conduct #7
• Confidential Letter of Admonition issued to public planner for having secondary employment (without employer’s permission) that provided a special advantage – Rules of Conduct #4, #5, and #14
• Misuse of AICP Certification Ceased (in six cases)

One (1) Complaint Pending

• Misuse of the AICP credential by a non-member

Ethics Committee Actions

• Participated in Ethics Code Update Task Force, which included four task force meetings, numerous sub-group discussions, and the drafting of seven interim issue reports.
• Prepared the annual "Ethics Case of the Year" (COY) for Certification Maintenance training at state chapter and local section planning conferences; COY finalized in time for initial presentation at the 2019 National Planning Conference.
• Upheld, upon appeal, Case Dismissals by Ethics Officer in two cases
• Approved Settlement Agreements (confidential letters of admonition) in two cases
• Issued Formal Advisory Opinion (re spousal conflicts); declined to publish due to request for confidentiality
• Declined Request for Formal Advisory Opinion (due to lack of specifics)
• Continued review and revisions to the Ethics Training Toolkit
• Reviewed/recommended ethics sessions for 2020 National Planning Conference

120 Requests for Informal Advice

15 Total Misconduct Cases

Seven (7) Cases Dismissed

• Inaccurate information and unsupported findings (Rules #1 and #18)
• Hiring discrimination (Rule #20)
• Hiring discrimination and frivolous ethics charge (Rules #20 and #24)
• Misrepresentation of qualifications and discrimination (Rules #10 and #20)
• Inaccurate information, misrepresentation of qualifications, and discrimination (Rules #1, #10, and #20)
• Inaccurate information, misrepresentation of qualifications, and discrimination (Rules #1, #10, and #20)
• Failure to disclose special advantage and client interest, and wrongful acts (Rules #14, #19, and #25)

Seven (7) Cases Settled

• Agreements to cease misuse of AICP Certification (seven separate cases)

One (1) Case Pending

• Allegation that planner misrepresented another planner’s involvement in a project (Rule #10)

Ethics Committee Actions

• Upheld Ethics Officer Dismissals (two cases)
• Approved confidential letter regarding one case dismissal
• Prepared annual "Case of the Year" for ethics training
• Prepared Ethics Training Rubric for university planning programs
• Reviewed Request for Formal Advisory Opinion (re: spousal conflicts)
• Approved new online form for misconduct complaints
• Initiated task force for Ethics Code update
• Initiated review/revisions of Ethics Training Toolkit
• Reviewed/recommended ethics sessions for National Planning Conference

135 Requests for Informal Advice

19 Total Misconduct Cases

Seven (7) Cases Dismissed

• Inaccurate information and staff coercion (Rules 1 and 18)
• Inaccurate information and private discussion with developer (Rules 1 and 8)
• Special advantage (Rule 14)
• Special advantage (Rule 14)
• Special advantage and wrongful act (Rules 14 and 25)
• Inaccurate information and wrongful act (Rules 1 and 25)
• Inaccurate information, illegal services, and wrongful act (Rules 1, 2, and 25)

Eight (8) Cases Settled

• Revocation of Certification (serious crime – Rule 26) – see article below
• One-Year Suspension of Certification (other employment and personal gain – Rules 4 and 6) – see article below
• Letter of Admonition (wrongful act – Rule 25)
• Letter of Admonition (wrongful act – Rule 25)
• Misuse of AICP Certification Ceased (four cases)

Four (4) Cases Pending

• Potential appeal of dismissal (unlawful discrimination – Rule 20)
• Potential appeal of dismissal (unlawful discrimination and frivolous filing of ethics violation – Rules 20 and 24)
• Potential appeal of dismissal (inaccurate information and staff coercion – Rules 1 and 18)
• Misuse of AICP Certification

Ethics Committee Actions

• Prepared annual Case of the Year for ethics training
• Prepared draft outline for ethics training in university planning programs
• Denied Request for Advisory Opinion (due to non-specific issue)
• Approved Settlement Agreements (three cases)
• Authorized Publication of Disciplinary Action (two cases)
• Vacated Ethics Officer Rulings (two cases)
• Upheld Ethics Officer Dismissals (three cases)

106 Requests for Informal Advice

Planning Consultant’s Certification Suspended

The AICP certification of Debbie Love, a planner based in Fort Lauderdale, Florida, was suspended in December 2017, following a settlement agreement with the AICP Ethics Officer regarding a charge of ethical misconduct that had been filed against her by a former employer.

The one-year suspension relates to violations of Rules of Conduct #4 and #6 in the AICP Code of Ethics and Professional Conduct.

According to the settlement agreement, Ms. Love failed to make written disclosure to her fulltime employer, a private consulting firm, that she was involved with another consulting firm at the time (Rule #4). During this same period, Ms. Love also approved sub-consultant agreements from her then-employer to two other firms, including one where she had an ownership interest and one that was owned by a relative (Rule #6).

Due to the severity of the violations, the Ethics Committee decided to publish this case, including the name of the planner, for the attention of membership.

AICP Certification Revoked for Florida Planner

The AICP certification of Patricia D. Blackshear was revoked in August 2017, after it was learned that Ms. Blackshear had pled "no contest" to three counts of perjury, which were related to a prior job as a county planning director. Following her plea in September 2016, Ms. Blackshear was sentenced to five years probation by Walton County (Florida) Circuit Court Judge Ross M. Goodman.

The AICP Ethics Committee decided to revoke Ms. Blackshear's certification after it determined her actions constituted a "serious crime," as defined by the AICP Code of Ethics and Professional Conduct. The Code's section E3 states that "the term 'serious crime' shall mean any crime that, in the judgment of the Ethics Committee or the Ethics Officer, involves false swearing, misrepresentation, fraud ..."

The Ethics Code also states that "the membership of a Certified Planner shall be revoked if the Planner has been convicted of a "serious crime" ... whether the conviction resulted from a plea of guilty or nolo contendere" [i.e., no contest].

Ms. Blackshear was inducted into the College of Fellows of the American Institute of Certified Planners in 2012. Her FAICP certification also was revoked by the Ethics Committee. Ms. Blackshear will be eligible to request to have her certifications reinstated in August 2022.

This was the first instance of the revocation of an AICP certification in more than a decade.

12 Total Cases

6 Cases Dismissed

• Abuse of Position (Rules 13, 14)
• False, Deceptive, or Unsubstantiated Statements (Rules 10, 18)
• Legal and Ethical Conduct (Rules 2, 25)
• Loyalty to Employer/Conflict of Interest (Rules 4, 6)
• Private Communication with Decision Makers (Rules 8, 9)
• Quality of Practice (Rule 1)

6 Cases Settled

• Abuse of Position/Quality of Practice/Ethical Conduct (Rules 1, 14, 25) — Letter of Admonition
• Misuse of the AICP Credential (five cases) — Ethics Officer directly contacted offending parties by letter and email. One case demanded a follow-up letter by APA's attorney, whose legal costs were reimbursed by the offending party. All parties ceased use and corrected their business cards, web sites, etc.

No Cases Pending

Ethics Committee Actions During 2016

• Recommended draft revisions to the AICP Code of Ethics and Professional Conduct (new Sections C, D, and E), which were approved by the AICP Commission (April).
• Prepared "Case of the Year" for ethics training purposes.
• Prepared draft proposal for "Embattled Planners" assistance to AICP Commission; currently updating proposal.
• Supported a Letter of Admonition as a settlement for one ethical misconduct case.
• Issued an Advisory Opinion based on a request by an APA Chapter regarding chapter board conflicts of interest.
• Drafted new ethics-related questions for AICP Exam.
• Upheld a case dismissal by the Ethics Officer, following an appeal by complainant.
• Organized an educational webinar, "Ethics and the Digital World," (December) as response to a recommendation by APA's Smart Cities and Sustainability Initiative.

Requests for Informal Advice During 2016 (88 total)

These requests for informal advice covered a wide variety of ethical topics, as shown in the chart below. Note: These numbers reflect issues from misconduct cases and from requests for informal advice.

13 Total Cases

Cases Resolved

4 Cases Dismissed
Abuse of position-Rule 25; Professional disparagement-Rules 1, 10; Technical disagreement-Rules 18, 22, 25; Permit enforcement-Rules 2, 18, 25)


4 Cases Settled
(Misuse of AICP credential (3 cases); False statements-Rules 11, 12, 17)

Cases Pending

2 Cases Under Review
(Misuse of AICP credential; Inadequate information-Rules 1, 2, 5)

3 Cases In Abeyance (i.e., AICP credential dropped during complaint process)
(Under the influence-Rule 25; Permit enforcement/Staff coercion (Rules 2, 18, 25); False claims/Conflict of interest/Discrimination-Rules 4, 5, 12, 20, 25)

Ethics Committee Actions During 2015

Prepared draft revisions to the Ethics Code (Sections C and D); recommended to AICP Commission

Reversed dismissal of a case by Ethics Officer, who then issued a revised complaint

Requests for Informal Advice During 2015 (40 total)

The number of requests for informal advice — and ethics cases — occurred in these generalized ethical areas:

15 - Conflicts of Interest (Rules 3, 5, 6)
10 - Quality of Practice (Rules 1, 15, 16)
10 - Legal and Ethical Conduct (Rules 2, 25)
8 - Honest and Fair Dealing (Rules 11, 17, 18, 19, 20)
6 - False, Deceptive, or Unsubstantiated Statements (Rules 10, 11, 12, 18)
5 - Loyalty to Employer (Rules 4, 5)
5 - Misuse of AICP Credential
4 - Respect for Confidentiality (Rule 7)
4 - Abuse of Position (Rules 13, 14)
1 - Private Communication with Decision Makers (Rules 8, 9)
1 - Lack of Cooperation with Ethics Compliance (Rules 21, 22, 23, 24, 26)

13 Total Cases

Cases Resolved
9 Cases Dismissed
1 Case Settled

Cases Pending
3 Cases Under Review

Ethics Committee Actions

Upon appeal, upheld Ethics Officer's dismissal of case.

Requests for Informal Advice

20 requests

6 Total Cases

Cases Resolved
1 Case Settled

Cases Pending
5 Cases Under Review

Ethics Committee Actions

Case settled through training requirement.

Requests for Informal Advice

15 requests

2 Total Cases

Cases Resolved
0 Cases Dismissed

Cases Pending
2 Charges Under Review
0 Complaints Under Review

Ethics Committee Actions

No actions

Requests for Formal Advice

No requests

4 Total Cases

Cases Resolved
2 Cases Dismissed

Cases Pending
1 Charge Under Review
1 Complaint Under Review

Ethics Committee Actions

No actions

Requests for Formal Advice

No requests

4 Total Cases

Cases Resolved
2 Cases Dismissed

Cases Pending
1 Charge Under Review
1 Complaint Under Review

Ethics Committee Actions

No actions

Requests for Formal Advice

No requests

11 Total Cases

9 Cases Resolved
4 Cases Dismissed
1 Charge Withdrawn
2 Respondents' Membership Lapsed
2 Appealed Case Dismissals Upheld

2 Cases Pending
1 Charge Under Review
1 Complaint Under Review

Ethics Committee Actions

Upheld Dismissals of 2 Appealed Cases

Requests for Formal Advice

No requests

15 Total Cases

10 Cases Resolved
4 Charges Dismissed and Not Appealed
2 Anonymous Charges Dismissed
1 Charge Settled
1 Respondent Resigned
1 Respondent's Membership Lapsed
1 Respondent Died

5 Cases Pending
1 Charge Pending Investigation
1 Complaint Pending Respondent's Cooperation
1 Complaint Pending Review
2 Charges Appealed

Ethics Committee Actions

No actions

Requests for Formal Advice

No requests

12 Total Cases

6 Cases Resolved
5 Charges Dismissed and Not Appealed
1 Anonymous Charge Dismissed

6 Cases Pending
2 Charges Under Review by Ethics Officer
2 Charges Pending Response from Charging Party
1 Charge Pending Respondent's Submission of Additional Information
1 Charge Pending Investigation

Ethics Committee Actions

No actions

Requests for Formal Advice

No requests

9 Total Cases

4 Cases Resolved
2 Charges Settled by Agreement Between Charging Parties and Respondents
1 Charge Dismissed
1 Member Reinstatement

5 Cases Pending
3 Charges Under Review by Ethics Officer
1 Charge Pending Charging Party's Submission of Additional Information
1 Charge Pending Response from Respondent

Ethics Committee Actions

No actions

Requests for Formal Advice

No requests

7 Total Cases

2 Cases Resolved
1 Complaint Resolved by Settlement Agreement Reached by Ethics Committee and Respondent
1 Complaint Resolved by Court Approved Settlement Agreement

5 Cases Pending
3 Charges Under Review by Ethics Officer
1 Charge Pending Charging Party's Submission of Additional Information
1 Charge Pending Response from Respondent

Ethics Committee Actions

5 Ethics Committee Actions in 2 Cases
1 Tabled Action in Settlement Agreement Pending Further Negotiations
1 Approved Settlement Agreement
1 Upheld the Ethics Officer's Partial Dismissal of Charges
1 Determined Member Violated the Code.
1 Made Disciplinary Action Recommendations to the Commission (under old Code rules)

Requests for Formal Advice

No requests