INTERNATIONAL RIGHT OF WAY ASSOCIATION CODE OF ETHICS:
RULES OF PROFESSIONAL CONDUCT & STANDARDS OF PRACTICE FOR THE RIGHT OF WAY PROFESSIONAL
Code of Ethics, Rules & Standards As Amended to September 2014
CODE OF ETHICS
Members of the International Right of Way Association recognize the responsibility of the right of way profession to the people and businesses we serve, and believe that we should encourage and foster high ethical standards in our profession. Therefore, we do hereby adopt the following Rules of Professional Conduct & Standards of Practice for the Right of Way Professional as our Code of Ethics for our constant guidance and inspiration predicated upon the basic principles of professional competence, character, integrity, fairness, commitment, and trustfulness. These basic principles provide the foundation for establishing and maintaining all professional relationships. Therefore, all Members shall dedicate themselves to a course of conduct which manifests respect, confidence and trust on the part of the general public and all users of right of way services.
GENERAL PROVISIONS AND GUIDING PRINCIPLES
The Rules of Professional Conduct (“Ethical Rules” or “Rules”) shall be binding upon all members of the International Right of Way Association (“Association” or “IRWA”) and any Credentialed non-member (as defined in the Disciplinary Procedures) (collectively, “Members”), and the breach of any of these Rules shall be punishable as provided in the Bylaws of the Association and Disciplinary Procedures. The failure to prohibit certain conduct in these Rules is not to be interpreted as approval of conduct not specifically mentioned, but rather these Rules shall be regarded as establishing minimal acceptable conduct. Terminology used herein, if not otherwise defined, shall have the meanings given to them in other Association documents.
Following each Ethical Rule is a corresponding Standard of Practice which will provide additional guidance and interpretation of the applicable Ethical Rule. It is incumbent upon all Members to provide their services in a manner which instills a strong sense of trust and confidence between themselves and their employers, clients, peers and all members of the general public by complying with these Rules and Standards.
ETHICAL RULE NO. 1 – PROFESSIONAL CONDUCT
Members of the Association pledge to conduct themselves in a manner that is not detrimental to the public, the Association, or the right of way profession, and to comply with the Association's Code of Ethics, Rules of Professional Conduct and Standards of Practice for the Right of Way Professional.
ER 1.1. It is unethical for a Member:
(a) To conduct themselves in a manner which will prejudice their professional status, the reputation of the Association, the right of way profession, or any other Member of the Association;
(b) To act in a manner that is misleading or fraudulent; or
(c) To use or permit the use of misleading information.
ER 1.2. It is unethical for a Member to engage in conduct which results in the breach of any criminal offense statutes, laws or other government regulations, including minor offenses which reflect adversely upon the professional character, trustfulness, morality or reputation of the Member.
ER 1.3. It is unethical for a Member:
(a) To claim or present professional qualifications (including recertification status) which he or she does not possess;
(b) To identify himself or herself as a candidate Member when they are not, or fail to provide a listing of their true educational standing with the Association, when requested to do so; or
(c) To make a materially false statement in, or to deliberately fail to disclose a material fact requested in connection with, his or her application for admission to Membership in or Credentialing by the Association.
ER 1.4. It is unethical for a Member to maliciously and/or without cause injure or attempt to injure the professional reputation or business prospects of another.
ER 1.5. It is unethical for a Member or group of Members to take part in any efforts to secure the enactment, alteration, or amendment of any statute, law or code in any jurisdiction on behalf of the Association without receiving prior approval from the Association as provided in the Association’s Bylaws.
ER 1.6. It is unethical for a Member to:
(a) Violate any provision of the Code of Ethics, Rules of Professional Conduct and Standards of Practice for the Right of Way Professional;
(b) Circumvent any provision of the Code of Ethics, Rules of Professional Conduct and Standards of Practice for the Right of Way Professional personally or through action of another;
(c) Engage in illegal conduct;
(d) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation;
(e) Engage in any other conduct that adversely reflects on his or her capacity to engage in the right of way profession;
(f) Engage in any other conduct that is detrimental to, or has a substantially adverse effect upon, the right of way profession or the Association; or
(g) Fail to report any violations of the Code of Ethics, Rules of Professional Conduct and Standards of Practice for the Right of Way Professional involving another Member of the Association.
ER 1.7. It is unethical for a Member to fail to sign a Conflict of Interest Statement, prior to or shortly after being installed or taking office (1) as an International Officer; Director; Region Chair, Vice-Chair, Secretary or Treasurer; (2) as an International Committee Chair, Vice-Chair or Committee Member; or (3) as a Chapter Officer Committee Chair, Vice-Chair or Committee Member.
ETHICAL STANDARD OF PRACTICE NO. 1- PROFESSIONAL CONDUCT
Quality of Service is an expectation and demand of all Members. A Member's quality of service is an outgrowth of technical competence, personal character, responsiveness, informative communication, and appropriate care of property.
Interpretation:
1. Technical competence is knowledge and the appropriate skillful application of that knowledge.
(a) Knowledge is possessing an informed understanding of the subject matter of a Member's field of practice or employment, based on education and experience. It includes an appropriate understanding of the laws regulating the conduct of business (e.g., licensing, obligation of broker and agent, trust accounts, etc.) and laws concerning the substance of business, (e.g., contract law, real estate titles, uniform act procedures, other regulatory procedures, condemnation/expropriation procedures, record keeping procedures, etc.).
Because technical competence is not static, continuing education, both formal and informal, is necessary to maintain and improve a Member's knowledge and understanding of the right of way profession.
United States and Canadian Members of IRWA who perform appraisal services for clients in their respective countries are required to comply with the standards and requirements of USPAP or CUSPAP, as appropriate. All other countries are to follow their jurisdictional professional standards.
(b) Skillfulness is the appropriate application of knowledge. It is the focusing of one's knowledge in the most effective manner resulting in diligently and thoroughly completed services. It includes the ability to recognize and acknowledge the need to obtain additional qualified assistance and or expertise when necessary.
2. Personal character is a quality which is demonstrated through trustworthiness, truthfulness and professional conduct. It demands full disclosure of all pertinent information, data and records. It is manifested through providing services with the highest degree of integrity.
3. Communication must be responsive, informative and accurate. Communication includes, but is not limited to timely responses to inquiries from others in an appropriate and needful manner; keeping of appointments; complying with client and employer requests for information; periodic updates to the client or employer on project progress, and informing the client or employer when deadlines will not be met. Communication also includes the maintenance of appropriate and accurate records, and prompt notification of the receipt or disbursement of property or funds.
4. A client's or employer's property entrusted to a Member creates a fiduciary relationship which means that detailed and accurate records are kept and property is not commingled or used personally.
A Member must:
- Promptly notify a client or employer of the disbursement or receipt of the client's or employer's funds, securities, or other property;
- Identify and label securities and properties of a client or employer promptly upon receipt. The place of safekeeping shall be independent from the Member's personal property or files;
- Maintain complete records of all funds, securities, and other properties of a client or employer coming into the possession of the Member and render the appropriate accounts to the client or employer regarding them;
- Promptly pay or deliver to the client or employer as requested by a client or employer the funds, securities, and/or other properties in the possession of the Member which the client or employer is entitled to receive.
5. A Member shall always act within the scope of his[her] employment.
ETHICAL RULE NO. 2 – COOPERATION IN THE RIGHT OF WAY PROFESSION
Members pledge to assist the Association in carrying out its responsibilities to the public and users of professional right of way services by exchanging information and experience within the Association and with other associations and professional organizations.
ER 2.1. It is unethical for a Member:
(a) To violate or circumvent the Association's Bylaws and all other Association rules; or
(b) To refuse to cooperate with the Association in all matters related to carrying out its responsibilities to the public and to the users of professional right of way services.
ER 2.2. It is unethical for a Member:
(a) To submit misleading information to the Ethics Committee or a duly authorized Investigation Committee of the Association or, when requested to do so by such Committee, to refrain from submitting any relevant non-confidential information in the possession of such Member; or
(b) To fail or refuse to promptly submit any non-confidential information, report, or related file when requested to do so by the Ethics Committee or a duly authorized Investigation Committee of the Association in the enforcement of the Code of Ethics, Rules of Professional Conduct and Standards of Practice for the Right of Way Professional; or
(c) To fail or refuse to cooperate with the Ethics Committee or a duly authorized Investigation Committee regarding the investigation of an alleged ethics violation when requested to do so, and further, to fail to sign a Confidentiality Agreement with regard to such investigation when requested to do so.
ER 2.3. It is unethical for a Member:
(a) To disclose or utilize confidential information obtained in connection with such membership in or service to the Association; or
(b) To use the names, trademarks, service marks and logos of IRWA, including its divisions, offices, committees, printed or electronic lists and other data, for non-Association purposes, or to use them in any advertising or publicity, or otherwise to indicate IRWA sponsorship or affiliation with any product or service, without prior specific written permission of the Association.
ER 2.4. It is unethical for a Member to fail to promptly furnish copies of all business records and any related file in his or her possession relating to work undertaken by the Member for a client upon request by such client.
ER 2.5. It is unethical for a Member to enter into a contract for right of way services which precludes compliance with the Association's Articles of Incorporation and Bylaws.
ER 2.6. It is unethical for a Member to knowingly infringe another’s intellectual property rights (copyrights, trademarks, patents or trade secrets) or to plagiarize and/or hold out as the Member’s own work the materials and/or works of the Association, its Members or third parties.
ER 2.7. It is unethical for a Member to resign membership or fail to renew membership after the Member has been notified that an ethics complaint has been filed against the Member and an Investigation Committee has been formed. Any resignation or failure to renew shall be deemed an admission of violation and will result in automatic Expulsion from the Association.
ETHICAL STANDARD OF PRACTICE NO. 2 – COOPERATION IN THE RIGHT OF WAY PROFESSION
A Member shall abide by all laws, rules, regulations, certification and licensing requirements applicable to the Member’s profession. All business or professional practices shall be in strict accordance with all applicable laws, rules, professional standards, and regulations governing the Member's business, practice or profession.
Interpretation:
Compliance with all laws, regulations, rules, certification and licensing requirements shall also include the following:
1. In hiring or performing services, Member shall follow non-discriminatory practices without regard to race, creed, sex, national origin or other legally protected classes.
2. Members shall cooperate fully with the Association in the enforcement of its rules and regulations.
- ER 3.2 precludes use of Association designations or intellectual property in a misleading manner or without proper authorization.
- ER 3.3 precludes preparation or transmission of false or misleading professional qualifications.
- ER 1.3(a) requires a Member to disclose accurate credentials and educational status in the Association upon request.
- ER 1.3(b) precludes conduct which violates criminal laws or which reflects adversely on the character of the Member.
- ER 1.6 precludes conduct which is illegal, which violates Association rules or procedures, or which has a detrimental effect on a Member’s reputation, the right of way profession or the Association.
- ER 2 requires Members to engage in information exchange within the Association and other professional organizations for the benefit of the Association and the public.
3. A Member may engage in lobbying activities on behalf of the Association after having first received permission to do so in accordance with the Association's Articles, Bylaws and Procedural Rules. A Member's lobbying activity shall not be carried out in a manner which could be construed as speaking or acting on behalf of the Association, except as noted above.
ETHICAL RULE NO. 3 – ADVERTISING AND PROMOTIONAL PRACTICES
Members shall avoid advertising, solicitation or promoting which is misleading or otherwise reflects negatively on the Association or its Members.
ER 3.1. It is unethical for a Member to participate or engage in misleading or deceptive advertising.
ER 3.2. It is unethical for a Member to refer to the Association or its professional designation or certifications in a manner that is misleading, or to use or display the registered trademarks, logos, emblems or printed or electronic lists of the Association for non-Association purposes, or in a manner contrary to the Association's Articles of Incorporation and Bylaws, or these Ethical Rules or Standards of Practice for the Right of Way Professional.
ER 3.3. It is unethical for a Member to prepare or transmit in any manner a resume or statement of professional qualifications which is inaccurate or misleading.
ETHICAL STANDARD OF PRACTICE NO. 3 – ADVERTISING AND PROMOTIONAL PRACTICES
Members shall only use those advertising and promotional practices which fairly and accurately inform prospective clients and the public of the Member's services, qualifications, credentials, and other relevant professional information.
Interpretation:
1. Members shall use the Association's logos, emblems, designations, registered trademarks, printed or electronic lists, only in accordance with the Association's Articles, Bylaws and Procedural Rules.
2. The International Right of Way Association's name, its Senior Right of Way Agent designation (SR/WA), its generalist and specialist certifications as they may exist now or in the future, and all emblems, logos, trademarks and printed and electronic lists are the sole property of the Association.
3. Without specific authorization, Members shall refrain from using the Association's logos, emblems, designations or registered trademarks and printed and electronic lists in a manner which could be construed as representing the Association or acting or speaking on behalf of the Association.
4. A Member's advertising and promotional practices shall fairly and accurately reflect the Member's professional and educational qualifications, experience, professional designation(s) and areas of specialization.
5. Resumes and statements of qualification should only be presented in a manner that is positive, factual and not misleading.
6. The SR/WA designation and all other generalist and specialist certifications may be used only by those Members upon whom such certifications have been conferred by the Association.
7. All advertising and promotional practices shall be in good taste and shall not offend or be contrary to the public or the Association.
8. All advertising and promotional practices shall not create unrealistic expectations in clients or the public.
- ER 2.3 precludes unauthorized disclosure of confidential information.
- ER 4.1 precludes furnishing analysis, conclusions, and opinions unless authorized.
- ER 4.2 precludes disclosure of confidential information of clients.
- ER 5.3 precludes furnishing privileged information regarding fees, bids, etc.
- ER 1.3(a) requires a Member to disclose accurate credentials and educational status in the Association upon request.
- ER1.3(b) precludes conduct which violates criminal laws or which reflects adversely on the character of the Member.
- ER 1.3(c) requires an applicant or Member to be truthful and to fully disclose all material facts in connection with applying for membership in or Credentialing by the Association.
- ER 3 precludes advertising, solicitation, or promoting which is misleading or otherwise reflects negatively on the Association or its Members.
- ER 3.2 precludes use of Association designations or intellectual property in a misleading manner or without proper authorization.
ETHICAL RULE NO. 4 – CONFIDENTIALITY
Members shall uphold the confidential nature of the right of way professional-client relationship.
ER 4.1. It is unethical for a Member to disclose the analysis, opinions, or conclusions developed by or on behalf of a client to anyone other than:
(a) The client and those persons specifically authorized by the client to receive such information; or
(b) Third parties, when the Member is legally required to do so by due process of law.
ER 4.2. It is unethical for a Member to disclose information identified by a client as confidential to anyone other than:
(a) Those persons specifically authorized by the client to receive such data;
(b) Third parties, when the Member is legally required to do so by law; or
(c) Third parties, when the Member is required or authorized to do so by the Code of Ethics, Rules of Professional Conduct and Standards of Practice for the Right of Way Professional.
ETHICAL STANDARD OF PRACTICE NO. 4 – CONFIDENTIALITY
A Member shall hold in strict confidence all information provided in confidence by a client or person requesting confidentiality. In addition to the Member's fiduciary obligation to the client, a Member shall at all times exercise loyalty to the interests of the client with respect to confidential information and shall not engage in any activity which could be reasonably construed as contrary to the best interests of the client. The Member shall not use confidential information for personal purposes or personal gain. The Member shall not disclose to a third party any confidential or proprietary information concerning the client's business or personal affairs unless the disclosure is required or compelled by law or regulations. All obligations and duties of the Member to clients, firms, and employers shall also apply to relationships with former clients and former firms and employers.
Interpretation:
1. A Member has a duty to hold in strict confidence all information acquired in the course of the professional relationship concerning the business and affairs of the client, and the Member should not divulge any such information unless (1) expressly authorized by the Member's client; (2) required by law; or (3) required by the Code of Ethics, Rules of Professional Conduct and Standards of Practice for the Right of Way Professional, to do so.
2. The Member owes the duty of confidentiality to every client without exception, regardless of whether the client relationship is continuing or casual. A Member’s duty of confidentiality survives the professional relationship and continues indefinitely after the Member has ceased to act on behalf of the client and whether or not subject to differences that may have arisen between them.
- ER 6 requires a high degree of professionalism, generally; the factors discussed in these interpretations are highly relevant in determining professionalism.
- ER 2.3 precludes unauthorized disclosure of confidential information.
- ER 2.4 requires furnishing privileged business records when required by a client.
- ER 4.1 precludes furnishing analysis, conclusions, and opinions unless authorized.
- ER 5.3 precludes furnishing privileged information regarding fees, bids, etc.
3. A Member cannot render effective professional service unless there is full and open communication between the Member and their client. At the same time the client must feel secure in the fact that their confidences will remain confidential and is entitled to proceed on that basis without any express request or stipulation on their part to do so.
4. Disclosure by a Member may also be permitted or required in order to defend themselves, a Member's associates or employees, or a Member’s employer against any allegation of malpractice or misconduct, or in legal proceedings to establish or collect the Member's fee, but only to the extent reasonably necessary for such purposes.
5. The relationship between the Member and the Member's client forbids the Member from use of any confidential information for the benefit of themselves, or a third person, or to the disadvantage or detriment of the Member's client.
6. Disclosure of confidential information obtained during the course of his[her] employment may be controlled by employment contracts, covenants not to compete as part of the sale of a business and/or the subsequent publication of previously confidential information. The Member shall always use the utmost discretion when disclosing previously confidential information to a third person.
ETHICAL RULE NO. 5 –REASONABLE FEES
A Member shall not enter into an agreement for, charge, or collect an illegal or clearly excessive fee, nor shall an appraiser charge a fee based upon a percentage of the amount of his or her appraisal.
ER 5.1. A fee is clearly excessive when, after a review of the facts, a reasonable person of ordinary prudence would be left with a definite and firm conviction that the fee is in excess of a reasonable fee. Factors to be considered as guides in determining the reasonableness of a fee include the following:
(a) The time and labor required, the novelty and difficulty of the questions or problems involved, and the skill requisite to perform the service properly;
(b) The likelihood that the acceptance of the particular employment will preclude other employment by the Member;
(c) The fee customarily charged in the locality for similar services by individuals with similar credentials;
(d) The amount involved and the results obtained;
(e) The time limitations imposed by the employer, client, or by the circumstances;
(f) The nature and length of the professional relationship with the client or employer;
(g) The experience, reputation, and ability of the Member performing the services;
(h) Whether the fee is fixed or contingent;
(i) The informed consent of the client or employer to the fee or employment agreement.
NOTE: Nothing herein shall be construed as prohibiting contingency fee arrangements where such are otherwise professionally and/or legally authorized.
ER 5.2. It is unethical for a Member who withdraws from employment to fail to refund promptly any part of the fee paid in advance or costs advanced which have not been earned or expended.
ER 5.3. It is unethical for a Member to furnish or use confidential information regarding fees, competitive bids, and like information to his or her benefit and/or to the detriment of his or her client or other third parties.
ETHICAL STANDARD OF PRACTICE NO. 5 – REASONABLE FEES
A Member of the Association shall at all times charge fair and reasonable fees commensurate with the service being provided and fully disclose the amount of such fees prior to the time the service is to be provided. At no time shall the Member accept remuneration from more than one party for services rendered without full knowledge and written agreement of all parties involved. All fees charged for services shall be in accordance with applicable statutory provisions and/or local established rules and customs. A fee is fair and reasonable if it is one which can be justified in the light of all pertinent circumstances, including the factors mentioned herein.
Interpretation:
1. A Member should assure written contractual relationships in all matters in order to avoid any misunderstanding and to assure better service to the Member's client.
- ER 1.1 precludes use of misleading or fraudulent information.
- ER 1.3 precludes presenting false professional qualifications.
- ER 1.6 precludes other unethical conduct.
- ER 3.1 precludes misleading advertising.
- ER 3.3 precludes transmittal of misleading resumes.
- ER 6.2 precludes acceptance of an assignment in which the Member has a personal interest unless fully disclosed.
- ER 6.1 must disclose legally discoverable data.
- ER 6.2 requires disclosure of personal interests; receiving payment from more than one party without disclosure is within the scope of this ethical rule.
- The Member, for the protection of all parties with whom the Member transacts business, should assure (1) that all financial obligations and commitments are in writing, prior to the beginning of work, expressing the exact agreement of the parties; and (2) that copies of such agreements, at the time of execution, are placed in the hands of all parties to the agreement, and shall be dealt with in accordance with the instructions of the parties involved. A Member shall not receive directly or indirectly any rebate, fee, commission, discount or any other benefit without the full knowledge and prior written consent of all parties.
- The fiduciary relationship between the Member and the Member's client requires full disclosure in all financial matters between them and prohibits the acceptance by the Member of any “hidden” fees.
- No fee, reward, cost, commission, interest, rebate, agency or forwarding allowance or other compensation whatsoever related to professional employment may be taken by the Member from anyone other than the client without full disclosure to and the consent of the client and, where the Member's fees are being paid by someone other than the client(s), the consent of such other person. Example: A leasing officer, whose client is his employer, shall not accept inducements of any kind from contractors bidding on contract work.
- The entering into an agreement with the client imposes upon the Member of the Association an obligation of rendering a skilled and conscientious service. When the Member is unable to render such a service alone, it is incumbent upon the Member to obtain assistance from another person having the appropriate expertise and qualifications. The Member should not engage, recommend or suggest the use of services of any other organization or business without prior disclosure to the client. The Member shall not accept any rebate or profit on expenditures, made on behalf of the client without the client's written consent and knowledge. A Member must render a proper accounting to the client with respect to direct or indirect costs relating to additional services.
- A Member shall not provide services relating to the sale, purchase, appraisal, management, financing or any other involvement pertaining to any transaction involving real estate where the Member's level of expertise is not on a level that could be reasonably required under the circumstances. Where services are required in such areas and the Member does not have the appropriate level of expertise, such services should not be provided without the aid of another person who is properly qualified in the area of activity being contemplated.
- The Member shall not recommend or suggest to a client or a third party the use of services of any other organization or business in which the Member has a direct or indirect interest, without disclosing such interest, in writing, at the time of the recommendation or suggestion.
- The Member must be alert to recognize his or her lack of competence for a particular task and the disservice he or she would do to a client if he or she undertook that task. The Member must either decline to act or shall retain, consult or collaborate in that field, or refer the client to an individual who is competent in that field.
2. A fair and reasonable fee will depend upon and reflect such factors as;
- the time and effort required and spent;
- the difficulty and importance of the matter;
- the likelihood that the acceptance of the particular employment will preclude other employment by the Member;
- the fee customarily charged in the locality for similar services by individuals with similar credentials;
- the amount involved and the results obtained;
- the time limitations imposed by the employer, client, or by the circumstances;
- the nature and length of the professional relationship with the client or employer;
- the experience, reputation, and ability of the Member performing the services;
- whether the fee is fixed or contingent;
- the informed consent of the client or employer to the fee or employment agreement;
- fees authorized by statute or regulation;
- the Member should not attempt to set fees for services to be offered by suggesting or implying directly or indirectly, that the level of fees being suggested is based on direction from the Association, Institute, Society or Council to which a Member also belongs;
(m) A member should be ready to explain the basis for his or her charges (especially if the client is unsophisticated or uninformed as to the proper basis and measurements for fees).
NOTE: Nothing herein shall be construed as prohibiting contingency fee arrangements where such are otherwise professionally and/or legally authorized.
3. A Member should avoid controversy with a client respecting fees. Controversy and misunderstandings regarding fees and financial matters bring the Member's profession into disrepute. The Member should give the client a fair estimate of fees and disbursements, pointing out any uncertainties involved so that the client may be able to make informed decisions.
4. A Member should not accept, without full knowledge and written consent of all parties to the transaction, any fees or other remuneration from mortgage lenders, solicitors, appraisers or property managers or any other person whose services may be reasonably required to complete the terms of the transaction, where such remuneration would be in excess of the remuneration agreed upon by the Member and their client.
5. Nothing herein shall be construed as prohibiting any gratuity, gift, or similar item which may otherwise be permitted by rules, regulations or policies established by the Member's employer and client.
ETHICAL RULE NO. 6 – DISCLOSURE AND CONFLICTS OF INTEREST
Members shall maintain a high professional relationship with his/her client or employer. The duty of a Member to serve the client or employer in a professional manner does not relieve the Member of the responsibility to treat with consideration all persons involved in or with the right of way profession and to avoid the infliction of needless harm.
ER 6.1. It is unethical for a Member to:
(a) Conceal or knowingly fail to disclose that which he or she is required by law to reveal;
(b) Knowingly provide or use perjured testimony or false evidence;
(c) Knowingly make a false statement of law or fact;
(d) Participate in the creation or preservation of evidence when he or she knows or it is obvious that the evidence is false;
(e) Counsel or assist the client or employer in conduct that the Member knows to be illegal or fraudulent;
(f) Knowingly engage in other illegal conduct or conduct contrary to any Association rule.
ER 6.2. It is unethical for a Member to accept an assignment if the Member has any direct or indirect, current or contemplated, personal interest in the subject matter or the outcome of the assignment unless such personal interest is disclosed to the client in writing prior to acceptance of the assignment.
ER 6.3. It is unethical for a Member to render right of way services without:
(a) Having or acquiring the knowledge and experience necessary to render such services competently, or by associating with others who possess such knowledge and experience; or
(b) Disclosing such lack of experience to the client and subsequently taking all steps necessary or appropriate to render the services competently.
ER 6.4. It is unethical for a Member to fail to render right of way services to a client or employer in a timely manner.
ETHICAL STANDARD OF PRACTICE NO. 6 - DISCLOSURE AND CONFLICTS OF INTEREST
Disclosure
Full disclosure of all pertinent information requires, without reservation, disclosure to the client, employer or public, all relevant information a Member possesses with regard to the Member's employment.
- ER 6.3 and 6.4 require having or obtaining necessary expertise and prohibit neglect of ongoing projects.
- ER 1 imposes general requirements of good character.
- ER 6.2 and 6.3(b) specify general disclosure requirements.
- ER 2.4, 6.4, and 7.2 set out specific requirements.
- ER 7, generally regarding financial integrity.
Interpretation:
1. Full disclosure to the client/employer means disclosure of:
- Conflicts of interests (including, but not limited to such items as personal, financial, emotional, employment; prior or current, or others).
- Lack of competence/experience.
2. Full disclosure to the public with whom the Member has business means disclosure of:
- All pertinent project information (e.g., nature of project, rights acquired and rights retained, project schedule, basis of payments);
- All statutory and equitable rights available, including counsel, appraisal and relocation benefits.
3. Full disclosure does not include privileged information, except when required to do so by law.
CONFLICTS OF INTEREST
A Member has a duty of loyalty and allegiance to his[her] client/employer so long as such duty does not result in the breach of the Code of Ethics or Rules of Professional Conduct of the International Right of Way Association. This duty broadly commands those involved with the Association to be faithful to IRWA’s best interest and not to use their organizational position or knowledge to advance a personal agenda at the organization’s expense.
Professional Relationships maintained with the Employee/Employer, Client/Former Client is an outgrowth of personal character, responsive and informative communication; appropriate care of property, disclosure, fair and reasonable fees, and confidentiality.
Interpretation:
1. A Member shall always act within the scope of his[her] employment.
2. Disclosure of confidential information obtained during the course of his[her] employment may be controlled by employment contracts, covenants not to compete as part of the sale of a business and/or the subsequent publication of previously confidential information. The Member shall always use the utmost discretion when disclosing previously confidential information to a third person.
3. A Member shall disclose all dual employment which may cause a conflict with the Member's primary employment or when the Member's employer requires such disclosure.
ETHICAL RULE NO. 7 – FINANCIAL INTEGRITY
A Member shall take all reasonable steps to safeguard and account for a client’s and employer’s funds. Any funds of clients or employers held by a Member in trust for said client or employer shall not be commingled with the Member's funds.
ER 7.1. It is unethical for a Member to misappropriate or commingle funds of a client or employer with those of his own or another person.
ER 7.2. It is unethical for a Member to fail to:
(a) Promptly notify a client or employer of the receipt of his or her funds;
(b) Identify funds of a client or employer promptly upon receipt and place them in a separately designated trust or escrow account for such purposes as soon as practicable;
(c) Maintain complete records of all funds of a client or employer coming into the possession of the Member and render the appropriate accounts to his or her client or employer regarding them;
(d) Promptly pay or deliver to the client or employer as requested by a client the funds in the possession of the Member which the client or employer is entitled to receive.
ETHICAL STANDARD OF PRACTICE NO. 7- FINANCIAL INTEGRITY
To maintain and broaden public confidence, Members should perform all professional financial responsibilities with the highest sense of integrity.
Interpretation:
1. Financial integrity is an element of character fundamental to professional recognition. It is the quality from which the public derives trust and the benchmark against which a Member must ultimately test all decisions.
2. Financial integrity requires a Member to be, among other things, honest and candid within the constraints of client or employer funds and confidentiality. Service and the public trust should not be subordinated to personal gain and advantage. Financial integrity can accommodate the inadvertent error and the honest difference of opinion; it cannot accommodate deceit or subordination of principle.
3. Financial integrity is measured in terms of what is right and just. In the absence of specific rules, standards, or guidance, or in the face of conflicting opinions, a Member should test financial decisions. Financial integrity requires a Member to observe both the form and the spirit of technical and ethical standards; circumvention of those standards constitutes subordination of judgment.
4. Financial integrity also requires a Member to observe the principles of objectivity and independence and of due care with the client or employer entrusted funds.
ETHICAL RULE NO. 8 – PUBLIC CONFIDENCE
All Members who are employees or agents of a public entity or who hold elected or appointed public offices shall strive to foster and maintain the highest level of public confidence in his or her position.
ER 8.1. It is unethical for a Member who holds public office or employment or a Member who contracts with a public entity to:
(a) Use the public or contracted position to obtain, or attempt to obtain, a special advantage in legislative matters for himself or herself or for a client or employer under circumstances where he or she knows or it is obvious that such action is not in the public interest;
(b) Offer or accept anything of value to or from any person when the Member knows or it is obvious that the offer is for the purpose of influencing his or her action as a public official, employee or contractor.
(c) Wrongly use their public or contracted office or position for personal gain or for the personal gain of others.
ER 8.2. It is unethical for a Member to improperly influence a person who holds public office or employment:
- for personal gain;
- for the benefit of the Member’s employer or client; or
- for the benefit of any third party.
ETHICAL STANDARD OF PRACTICE NO. 8- PUBLIC CONFIDENCE
Members shall conduct themselves in their daily lives in a manner which looks beyond self or corporate interest to the interest of others and society as a whole, not just the avoidance of harm. A Member’s position, title, or authority as a public servant, employee or contractor may offer the opportunity to further the Member’s own private interests or the interests of friends, relatives, or persons with whom the Member is affiliated in a nonpublic capacity. A Member in public service may have access to nonpublic information that could benefit those interests. The public may lose confidence in the integrity of the Association if it perceives that a Member is using public office to serve a private interest, and it expects that information, property, and time (including the time of a subordinate) of public servants, employees and contractors will be used to serve the public’s interests.
Interpretation:
1. At a minimum, a Member shall avoid conduct involving moral turpitude, dishonesty, fraud or misrepresentation.
2. A Member shall at all times conduct their business and personal activities with knowledge of and in conformance with the highest moral and ethical standards consistent with membership in and the purposes of the Association, as well as within the Member’s chosen profession.3. A Member who is in any form of public service, whether as a public official (elected or appointed), employee or contractor:
(a) is required to act impartially;
(b) may not make improper use of their position, title, or authority;
(c) may not use public property, nonpublic information, or time (including the time of a subordinate), or allow its use, for other than authorized public purposes;
(d) may not give (or solicit contributions for) a gift to any other public servant or third party in an attempt to improperly influence a decision or outcome.
(e) may not solicit or accept a gift from a vendor or any other individual or entity because of the Member’s official position, which is intended to improperly influence the Member’s actions in their official public capacity.
ETHICAL RULE NO. 9 – APPRAISAL COMPLIANCE
When performing appraisal services a Member shall comply with all standards of appraisal practice for the jurisdiction in which the appraiser is performing services.
ER 9.1. It is unethical for a Member who is performing appraisal services for a client to fail to comply with the prevailing standards of appraisal practice in the jurisdiction in which the appraisal services are being performed.
ETHICAL STANDARD OF PRACTICE NO. 9- APPRAISAL COMPLIANCE
Both the International Right of Way Association as well as International Professional Appraisal Associations recognize the need for uniform professional practice standards and qualifications that reflect current appraisal theory, experience & skill which regulates and promotes best practices of our Membership.
These standards are in place to keep the Membership educated and accountable so they can provide a professional service to their clients.
ETHICAL RULE NO. 10 – Compliance with Other Codes of Conduct
Members shall uphold and abide by any and all codes of ethics, standards of practice, or other rules or regulations governing personal and professional conduct (collectively, “Codes of Conduct”), of allied associations, organizations, or licensing agencies to which he or she is a Member or licensee.
ER 10.1. It is unethical for any Member to fail to uphold or abide by any Codes of Conduct of any allied or professional organizations, associations, or licensing agencies to which he or she is a Member or a licensee.
ER 10.2. It is unethical for a Member to fail to report to the Association any violations of any Codes of Conduct of any allied or professional organizations, associations, or licensing agencies of which he or she has been found in violation and for which he or she has received any form of discipline which requires publication thereof.
ER 10.3. It is unethical for a Member not to disclose to the Association non-confidential information regarding another Member who has been disciplined by or removed from the rolls of an allied or professional organization or licensing agency for violation of its rules and regulations which requires publication.
Ethical Standard of Practice No. 10 - Compliance with Other Codes of Conduct
ER 10.1.
Adherence to professional codes of conduct ensures that services are performed in accordance with the recognized jurisdictional professional standards in the location of your practice to promote the public’s confidence and trust in the services being performed.
Members are obligated to carry out assignments as set out in the standards in an ethical, professional manner.
ER 10.2. and 10.3.
If the conduct of the Member results in violation, suspension or criminal charges as a result of non-compliance of any professional conduct then the Ethics Committee is to be made aware to determine if sanctions in the Association are appropriate also.