American Public Gardens Association
Code of Professional Ethics Policy
Our profession is based on respect for the dignity of the people we serve, our fellow professionals, and volunteers. American Public Gardens Association (APGA) members play a vital role in our communities’ cultural and educational enrichment. To fulfill this role, we must have strong, respectful relationships with the public and each other. A consequent obligation of membership is to maintain the highest degree of ethical conduct. Members must always display courage and foresight to act professionally in their interactions with colleagues and the public.
With actions guided by these principles, ours will continue to be a highly respected profession.
The following Code of Professional Ethics of the American Public Gardens Association (APGA) shall form the basis for all disciplinary actions of the Association.
Deviation by a member from the APGA Code of Professional Ethics or any of the rules officially adopted by the Board of Directors supplemental thereto, or any action by a member that is detrimental to the best interest of the public garden profession and the APGA, shall be considered unethical conduct. The member/s shall be subject to investigation by an ad hoc committee appointed by APGA’s board of director president, if warranted, to disciplinary action by the ad hoc committee and/or the APGA Board of Directors. The Code is intended as an inspirational guide for members and as a basis for disciplinary action.
This Code cannot apply to nonmembers, except as they have agreed to follow the Code in a signed agreement to participate in an APGA program. This Code defines the type of ethical conduct the public has a right to expect, not only of staff members of an institution but also of their nonprofessional employees and associates in all matters about professional public garden employment. The director and/or governing authority of a member institution should ultimately be responsible for the conduct of their employees and others affiliated with the member institution
The Obligations of Professional Ethics set forth are aspirational and represent the objectives towards which every member should strive. The Code’s Mandatory Standards, unlike the Obligations of Professional Ethics, are mandatory in character and, if violated, may result in disciplinary action. The Mandatory Standards, to be uniformly applied to all members, establish
a level of conduct below which no member may fall without being subject to disciplinary action. The Code does not attempt to prescribe either disciplinary procedures or penalties for violation of Mandatory Standards. The severity of judgment against a member found to violate a Mandatory Standard shall be determined by the character of the offense and the attendant circumstances. The ad hoc committee of the Board of Directors, in applying the Mandatory Standards, may find interpretive guidance in the basic principles embodied in the standards and objectives reflected in the Obligations of Professional Ethics.
The Board of Directors and Executive Committee shall be responsible for interpreting the Code of Professional Ethics, subject to all provisions of the Charter and Bylaws. The President of the Board of Directors and Executive Committee shall appoint an Ad Hoc Investigation Committee to review allegations, render decisions, and prescribe subsequent actions and/or penalties to the Board of Directors. An appeal may be made to the APGA Board of Directors within thirty (30) days of the date of transmitting the Board’s decision to the complainant and defendant. Appeals may be granted if the Board concludes that the complainant or defendant appealing the Executive Committee decision has demonstrated that (1) there are new facts, not known at the time of the Ad Hoc committee’s investigation, which the Board believes may have changed the outcome; or (2) the Ad Hoc Investigation Committee did not follow relevant APGA procedures; or (3) the penalty recommended by the Executive Committee was excessive under the circumstances. An appeal shall be granted upon a majority vote of the APGA Board of Directors. If the request for an appeal is granted, the Board of Directors shall hear the appeal at its next regularly scheduled meeting. The appellate decision of the Board of Directors shall be final and cannot be appealed.
The Code of Ethics is comprised of (1) Obligations of Professional Ethics and (2) Mandatory Standards.
A member of APGA must:
- Recognize the moral responsibilities of the individual and the institution not only to our professional associates, fellow employees, and volunteers but also to the public we serve.
- Display the highest integrity, the best judgment, or ethics possible, and use professional skills to the best interests of all.
- Deal fairly with members in the dissemination of professional information and advice.
- Use only legal and ethical means when seeking to influence governmental legislation or regulations.
- Promote the interests of cultural and educational enrichment to the public and colleagues.
- Maintain high standards of personal, professional, and business conduct and behavior.
- Promote the interests of APGA and fully share in the work in support of the concepts and ideals of APGA.
- Cooperate with qualified professionals and other qualified persons/organizations in educational and professional programs.
- Aid the professional development of those who enter the public garden profession by assisting them to understand the functions, duties, and responsibilities of the profession.
- Seek opportunities to be of constructive service in civic affairs and advance the understanding of cultural and educational topics in the community.
- Encourage publication of significant achievements in horticulture, ecological management, architecture, etc., in the appropriate publications generally familiar to members.
- A member shall make no immaterially false statements about APGA or any other member garden
- Endeavor always to improve the standards and practices of public gardens.
- Maintaining Integrity and Competence of the Public Garden Profession
- A member shall make no materially false statement or deliberately fail to disclose a material fact in connection with an application for membership in APGA.
- Misconduct
- A member shall not violate a Mandatory Standard.
- A member shall not solicit the aid of another individual to circumvent, or assist another to violate, a Mandatory Standard.
- A member shall not knowingly engage in activities contrary to local, state, federal, or international laws as such laws relate to our profession; and a member will, to the best of his or her ability, cooperate with governmental agencies regulating professional practices.
- A member shall not engage in conduct that adversely affects, or is prejudicial to, the concepts and ideals of the APGA.
- Disclosure of Information
- A member shall not knowingly misinform others regarding professional information and advice.
- A member shall immediately bring to the attention of the Executive Committee of the APGA any information concerning a clear violation of a Mandatory Standard.
- A member shall issue no statement to the public which he/she knows (or should know) to be false or misleading.
The policies outlined herein have been adopted by the APGA Board of Directors and are considered to expand the interpretation of the APGA Code of Professional Ethics that was developed to guide the ethical conduct of all members. Amendments can be proposed by the APGA Board of Directors, the Executive Committee, and/or APGA members. Any proposed changes shall be reviewed by the Executive Committee and as appropriate, by legal counsel. Proposed changes shall be submitted to the APGA Board of Directors for action.
Copies of all final actions (the denial of an appeal to the Executive Committee or notification to the complainant and defendant of the appellate decision) regarding violations of the Code of Professional Ethics shall be sent to the Chief Executive Officer, or Governing Authority of the institution of the defendant(s) involved. Such final actions shall be published in Communique, including a brief and factual statement of the action, including the name(s) of the defendant(s) involved in the violation and a listing of the sections of the Code that were violated to guide APGA members.
Attempts by members to circumvent APGA professional programs in the procurement and/or disposition of specimens or resources are detrimental to the Association and its collaborative programs. Such action may be detrimental to the profession and could be construed as a violation of the Association’s Code of Professional Ethics. All Association members should work through appropriate coordinators and groups in efforts to procure or dispose of resources professionally.
The Board Ad Hoc Investigation Committee, appointed by the Board President, shall oversee all matters related to ethical conduct within the APGA. The procedures for handling ethical complaints are as follows:
- Handling of Complaints
- Matters called to the attention of the Ad Hoc Investigation Committee must be in writing and addressed to the Chair or any member of the Committee. The ethics charge must be signed by the complainant and must contain a full statement of the matter to be reviewed by the Committee.
- An individual filing an ethics complaint shall be advised that full disclosure of the complaint shall be made available to all parties concerned. At this time, the complainant has the right to withdraw the complaint; and thus, the matter will be closed.
- The Ad Hoc Investigation Committee, the complainant, and the defendant shall at all times during the investigation maintain strict confidentiality regarding the case.
- Investigation and Determination
- The initial responsibility of the Investigation Committee is to determine the validity of the charge(s). If the charge(s) appears to be valid, the Investigation Committee shall initiate a full inquiry. Once a full review of the charge or complaint is initiated, the Investigation Committee must determine if an Ethics Code violation has occurred and what action and/or penalty is necessary. In making its determination, the Investigation Committee shall consult, where necessary or appropriate, with APGA legal counsel. The Investigate Committee will bring all findings and recommendations to the Executive Committee. The Executive Committee has the responsibility and authority to issue a judgment and determine disciplinary actions. The APGA Board of Directors serves as an appellate board.
- The APGA Board of Directors may also direct the Investigation Committee or Executive Committee to perform additional duties as needed.