Procedures Under the Code of Ethics and Professional Conduct

No longer in effect as of June 1, 2005

1. Informal Advice and Formal Advisory Rulings: Any person may seek informal advice on ethics from the Executive Director of the AICP or from the Chair of a Chapter Professional Development Committee. Such advice shall not be binding upon the AICP.

Any person may file a written request with the Executive Director of the AICP for a formal advisory ruling on the propriety of any professional planner conduct. The request should contain sufficient facts, real or hypothetical, to permit a definitive opinion. If appropriate, the Executive Director shall then prepare and furnish a written formal advisory ruling to the inquiring party. This ruling may be published if endorsed by the AICP Ethics Committee as commentary on the Code and a guide to its application. Published rulings, however, shall not include any actual names and places without the written consent of all persons to be named. A ruling may be relied upon by the person who requested it whether or not published.

2. Charges Alleging Misconduct by an AICP Member: Any person may file in writing with the Executive Director of AICP a charge of misconduct against an AICP member. The charge shall state the facts upon which it is based. A person may file a charge anonymously. Anonymous filers shall have the option of designating an e-mail or post office address in the event they need to be contacted by the Executive Director. Persons who file charges anonymously shall not be sent notification as to the disposition of the charge, shall have no right to appeal if the charge is dismissed, and shall not be sent findings of fact, determinations and opinions of the AICP Ethics Committee. The Executive Director shall furnish a copy of the charge to the respondent member.

The Executive Director shall determine whether the charge warrants an investigation.

The Executive Director with or without an investigation may dismiss the charge or issue a complaint against the respondent. In either event, notice shall be sent to the charging party and to the respondent advising of the determination and of the charging party's right to appeal the dismissal of the charge.

The Executive Director's decision to dismiss a charge may be appealed by the charging party within thirty days of receipt of written notification. The Executive Director shall promptly forward copies of the appeal to the members of the AICP Ethics Committee. The Ethics Committee may remand the charge to the Executive Director for further investigation and/or reconsideration, or the Committee may reverse the Executive Director's decision if it is contrary to the provisions of the Code or to prior Committee opinions.

If the Executive Director issues a complaint against a member, the latter shall have thirty days from receipt of the complaint to respond. In the absence of extraordinary circumstances which, in the opinion of the Ethics Committee, warrant a special exception, the failure of a respondent to deny any fact alleged in the complaint within the thirty day period will be deemed an admission of such fact.

If the response to the complaint reveals any disputed material fact, the respondent shall be granted a hearing before the Ethics Committee of the AICP or before any member or members of the Ethics Committee designated by the Committee's Chair to conduct the hearing. The hearing shall proceed without application of formal rules of evidence; however, the substantive rights of the respondents shall at all times be protected.

If a hearing is held, those conducting it shall promptly issue findings of fact which shall be transmitted to the full Committee, the respondent and the charging party. If no material fact was in dispute and no hearing held, the Ethics Committee need not issue findings of fact.

On the basis of the findings of fact and admissions, the Ethics Committee shall determine whether the Code has been violated and issue an opinion. A copy of the opinion shall be transmitted to the respondent, the charging party and the Commission. The Ethics Committee may concurrently submit a recommendation to the Commission that the respondent be expelled, suspended, publicly censured, or privately reprimanded. The respondent shall be given no less than thirty days' notice to respond, in person and/or in writing before it is voted on by the Commission, which vote shall be within one year of the issuance of the complaint. Disciplinary action against a member and the official publication of an expulsion, suspension or public censure shall require the affirmative vote of two-thirds of the Commission.

The Executive Director shall publish all written opinions endorsed by the Commission or by the Ethics Committee, but shall omit actual names and places unless authorized by an affirmative vote of two-thirds of the Commission or in writing by the respondent.