PLANNING IN CONTROVERSY A CASE STUDY

Practicing planners are facing an increasing number of professional and ethical dilemmas in their professional lives. As public servants, both elected officials and professionals have been forced to become more responsive to the public demand and attitudes. As a result , many of the values influential in the past have been reassessed (Thomas, 1991 ). On August 29, 1994, the governor of the state of Rhode Island and Providence Plantations announced a compact for an Indian sponsored gambling casino in the town of West Greenwich, Rhode Island. The compact was subject to both local and statewide approval. The referendum would take place nine weeks from the date of the announced proposal. Citizen reaction was immediate, passionate, and divided. The issue of gaming was complex; the sense of urgency was conspicuous; and tensions were apparent between multiple interest groups and stakeholders. Proponents of the casino guaranteed a jackpot of local job opportunities and wind fall tax revenues . Opponents feared grave disruption of social , environmental, and economic consequences. Local residents looked to town leaders for information on how the town would be impacted from the proposal. This case example is an empirical inquiry which examines a contemporary phenomena within a real-life context. Illustrative of the case study, this inquiry examines how and why the writer/planner intervened in a highly acclaimed, politically charged public policy issue. Subjects discussed include circumstances, principles, value commitments, and personal characteristics that influenced the behavior of the writer/planner. At the heart of the study is an assessment of the role of the town planner.


Acknowledgments
For assistance in developing this topic, I would like to thank Dr. Howard Foster for his sound advice; his tremendous patience with my deadlines; and his thoughtful encouragement while completing this project. Additionally, my appreciation to Dr. Marcia Feld for her reflective insight and guidance. Her comments were timely and reassuring.
Throughout this challenging project, my sincere gratitude to the support of my family: To my parents, who demonstrated values which I strive to model for my children.
To my husband, for unyielding support and confidence; and to my loving, patient children , you are all a tremendous inspiration and source of joy to me.

PREFACE Problem Statement
Recent discussion about planning practice has been highlighted by the evolution in the way that planners have seen themselves: as architects, designers, engineers, social engineers, and most recently as political actors who bargain and negotiate. More recently post modem planner's role place emphasis on the planner as more than a technical advisor to bureaucrats. Planners are called upon to inform, influence, encourage, speak about, and take an active role in the setting of public policy. They are more active participants in the articulation of and movement toward what is thought (by whom), to be beneficial and valuable to the planner's client community. This activity is forcing planners to take a closer look at the ethical and moral dimensions of their practice (Kaufman, 1981 ).

Practical Suggestions For Planning
The analysis of decision making processes and role choices, relative to professional and ethical concerns, are planning concepts that deserve careful examination by planner's in every facet of theory and practice. These normative concepts in contemporary settings are susceptible to theoretical scrutiny and have practical implications. In positioning for and managing controversial situations, ambiguity and discretion in planners' roles have been the topic of professional discussion in the past. However, recent research is calling for a closer look at why these difficult situations occur and how to handle the dilemmas they present (Thomas , 1991 andFeld, 1989). v

Case Example As Context of Analysis of Planner's Role
It is clear that town planners as an occupational group, have little basis for claims to professional autonomy. They have some discretion to put forward their own professional concepts in planning, but the use made of these ideas in practice depends on the control of the profession by other interests. Planners in local government have to rely on the legitimization of their ideas, both through the statutory system and through the local political system. There can be tension between state or federal and local government perceptions, and between each; and the expectations of the various groups which comprise the "public ". Planners are called on to mediate these tensions, but the outcome depends on the planner's position in relation to the balance of power between the different interests.

I. POPULAR PERSPECTIVES OF PLANNING THEORY
In order to better appreciate the evolution of planning thought that addresses the topics of this section; it is appropriate to review the content of earlier debates about planning and the historical dynamics of the role of planners in practice. Below is a summary of the most popular theories on traditional roles :

Traditional Theory
The first role model to be discussed, was the dominant model for planners during the 1950s and early 60s. According to Huw Thomas ( 1991 ), the primary tasks of planning centered around urban building and rebuilding; skills required were those associated with 2 existing professions. Planning problems were focused on uncontrolled urban growth, poor sanitation, transportation and public services. He goes on to say that early methodologies were straight-forward applications of the "design standards" approach of the more established professions such as engineering, architecture, and public health.
Many writers see these as the substantive components of the planning process. Social reforms led the way to new models after the urban renewal developments of the 1960s gave rise to disruptions of city plans.
Donald Schon(l 982) writes that the traditional view of planning knowledge, often presented without differentiation as a view of what planners do and ought to know , is the doctrine of technical rationality. According to this view, planning is an instrumental adjustment of means to ends. The planner's task in any situation is, first, to set out the purposes to be achieved and the measures of their achievement. The purposes themselves are usually assumed to be given by the client, by established policy, by an interrogation of social preferences, or by the political process. The planner must then identify the variou s possible means available to determine the relevant consequences likely to result from their pursuit, and elect the course of action likely to achieve the desired purposes at minimum cost.

The Dynamic History of Planners Knowledge
Schon goes on to say that with the development of the city planning movement in the early years of thi s century, planners first gained visibility, power, and professional status.
Following World War II, probably as a result of military and economic planning in wartime America. the idea of central planning extended its scope from comprehensi ve 3 and master planning for towns to such fields as urban renewal, urban and regional transportation , health services, public education, mental health, and criminal justice. In these domains, among many others, the centralist planner operated from the base of institutions created and legitimized through legislation brought into being by a coalition of political forces. The planner framed his role at the center of a system for which he planned, in relation to agencies which would implement his plans and clienteles who would benefit from them. His system of knowledge-in-practice dealt with the framing of objectives and goals, the imaging of a desirable future, the description of baseline conditions, the identification of alternative strategies of action, the description of constraints to be circumvented or removed , the mapping of the system to be influenced, and the prediction of the consequences of action . Later, planners also came to be concerned with the feasibility of implementing plans and the political problems of "selling" them.

Expansion of Planners Roles
As notions of a growing pluralist society , with conflicts of interest, both between groups in society and consequently, between politicians and experts, thoughts about the relationships between politicians and experts in making public decisions emerged. Focus was centered on the planner's role, tasks , and the planning process. Notions of identifying multiple clients emerged as planners dealt with complex urban development. 4 Advocacy Planning -A Call to be More Active Pierre Clave! ( 1994) writes about the work of Paul Davidoff in the 1960s and 1970s and the tradition associated with advocacy planners and how their work evolved and was a bridge from an earlier, more monolithic culture to what may now emerge as a different and more diverse one. Advocacy planning began in response to political practices that combined a superficial pluralism with the effective exclusion of the poor and minorities, and also in response to a professional culture that was monolithic in its devotion to the physical plan, the independent planning commission and a not easily accessible public interest. An essentially assimilationist view prevailed, that cities develop toward a single model , the melting pot of ethnicity's believed to produce a homogeneous "American" culture. Barry Checkoway ( 1994) writes that Davidoff was an unyielding force for justice and equity in planning. Before his death in 1984, Davidoff made major contributions as a practitioner, educator, and intellectual whose writings have lasting significance for planning thought and action. Davidoff viewed planning as a process to address a wide range of societal problems; to improve conditions for all people while emphasizing resources and opportunities for those lacking in both ; and to expand representation and participation of traditionally excluded groups in the decisions that affect their lives. He challenged planners to promote participatory democracy and positive social change; to overcome poverty and racism as factors in society ; and to reduce disparities between rich and poor. Davidoff ( 1970) speaks of two general classes: the immediate client, or the planner's employer, and the ultimate clients, those citizens affected by the planning proposals. The planner must therefore take a preliminary step: the identification of his clients. Often terms of employment prescribe the reference group for the planner's activity. But in public planning with intervening administrative and legislative levels, the ability to easily to identify clients is a difficult task and often sidestepped.

Identifying The Client
Notions of tensions between distinguishing the immediate and ultimate client were highlighted by Herbert Gans (1991) who viewed the planner not as a reformer nor as a professional who is free to impose her/his expertise and values on the people for whom s/he plans, but as a public official. As such, s/he ought rather to be the public servant, helping citizens solve their problems and achieve their goals, except when these goal s have antisocial and self-destructive consequences. In this process, the planner ought to propose a variety of programs to solve problems and achieve goals so that people have maximum choice. When determining the public interest in a heterogeneous population is difficult, this planning model proposes the allocation of resources so that the maximum benefits accrue to all , interest groups and communities the planner feels are in the greatest need of public benefits. Gans argues that the rational model which serves multiple groups can be found in democratic theory and principles of social justice. His approach to planning practice was exemplified in the work of the Cleveland City Planning commission and its chief planner of the 1970s, Norman Krumholz. 6 During the 1970s Norman Krumholz ( 1982) believed the victims of the urban crisis were primarily the poor and working class residents of central cities. Krumholz said to solve urban problems planners must give priority to their needs, perhaps at the expense of other groups needs. This, however, means abandoning one of the planning profession's most cherished myths--that the planner is an apolitical technician , promoting goals that are widely accepted through the use of professional standards that are objectively correct.
Thi s fanciful notion has helped planners justify highway construction, urban renewal projects, and other public actions that have devastated poor and working class neighborhoods and have left central cities in worse condition .

Beyond Land Use Planning
Later, Krumholz (1994) writes that Davidoff' s influential article "Advocacy and Pluralism in Planning" challenged ideas with more power and clarity than had been seen up to that time. Krumholz says he was impacted by the challenge to a number of beliefs that were widely accepted in the planning profession during the 1960s. Among them were the notions that city planning was apolitical and, instead of serving a narrow political objective, served the public interest; a unitary plan prepared by a public agency was adequate to express the interests of the entire community; and city planning was the planning of land uses which , if artfully done, with attention to greenspace and the close proximity of linked activities, would improve the quality of city life. Davidoff, ever the champion of justice and equity in planning, offered practitioners a way to broaden the 7 area of concern beyond purely physical planning and showed that city planning was inevitably a method of policy selection that was firmly imbedded in the political process.

Challenging Theories of Situational Expectations
Baum ( An implicit, even if unintended, normative message of this focus is a dichotomy: planners should emphasize political outcomes rather than "scientific" data analysis. An implicit empirical statement is that analysis will not significantly impact reductions of interested political stakeholders. Schon (I 982) writes that by the mid-sixties, the public at large, and planners themselves , were becoming increasingly aware of the counterintuitive consequences, the harmful side effects, and the unwanted by-products of implemented plans. Plans designed to solve problems failed to solve them , or created problems worse that the problems they had been designed to solve. Some of the phenomena planners were most anxious to influence --8 poverty, crime, urban congestion, and decay--seemed tenaciously resistant to intervention.
Planners were found sometimes deliberately, sometimes unintentionally to be serving interests incongruent with their espoused values. Social critics, and also angry political constituencies, demonstrated that plans had meaning and consequence in areas well beyond the scope envisaged by planners. As the scope and complexity of planning increased, planners found that available techniques and models were inadequate to the tasks of analysis, diagnosis, and prediction. As planning issues became increasingly controversial, planning problems came to be seen more like dilemmas, involving conflicting values, interests, and ideologies whose resolution seemed not to be amenable to empirical inquiry.

Planners and Power
Increasingly, in the 1970s and early 1980s, planning theorist focused attention on the practical evidence that planning work was not undertaken solely in a technical mode, but in a more interactive fashion in a process with multiple and often competing interests.
In his article on planner' s use of information, John Forester (1982) , writes that if planners ignore those in power, they assure their own powerlessness. Alternatively , if planners understand how relations of power work to structure the planning process, they can improve the quality of their analyses and empower citizen and community action as well.
Planners in may areas are legally mandated to make democratic citizen participation in the planning process a reality rather that a romantic promise. However, planners often have had little influence upon the implementation of the plan s that they produced. Those pain staking plans have too often ended on the shelf or have been used to further political purposes that were never intended to serve. Given these conditions of work and the political setting of planning practice, how then can planners work to fulfill their legal mandates to foster a genuinely democratic planning process? What power may planners have? In a time of retrenchment, these questions become more, and not less important than ever.

II. TRADITIONAL TO CONTEMPORARY
Planning Models Not Adequate for Complex Society Klosterman ( 1981) describes how the last two decades in planning ideology and education have increasingly emphasized the planner's role as an applied scientist. The simplistic assumptions of the early profession have been replaced by an increased reliance on the theories and models of the social sciences. Aspects of contemporary planning education reflect this conception of the planner-as-scientist in its emphasis on statistics, planning methods and substantive theories of economics, sociology, regional science, and on the positive social sciences. He goes on to say that traditional approaches have been supplemented by proposals for advocacy planning in which planners promote the interests of community groups and for limiting planning's role to providing information to existing multi-centered policy-making processes. However, Klosterman argues that neither of these approaches eliminates the need for planner to deal with substantive ethical issues, and advocate planners must select the interests which are and are not to be represented in the planning process. Policy-making processes require a determination of (among other things) which studies are to be conducted, which data collected, and what findings provided to which community groups. Since the answers given to each of these questions affect the final policy which is adopted, they necessarily involve substantive ethical issues which must be resolved (either explicitly or implicitly) by planners.

More controversy and Problematic Role For Planners
Schonn ( 1982) writes that the institutional context of practice is notoriously unstable, and there are many contending views of the profession, each of which carries a different image of the planning role and a different picture of the body of useful knowledge.
Presently, for example, planners function variously as designer, plan makers, critics, advocates of special interest, regulators, managers, evaluators, and intermediaries. In planning as in other professions, each role tends to be associated with characteristic values, strategies, techniques, and bodies of relevant information. In the planning profession , however, images of role have evolved significantly in relatively brief periods of time. The profession, which came into being around the turn of the century moved in succeeding decades through different ideas in good currency about planning theory and practice , partly in response to changes in context shaped by planners themselves. The history of the evolution of planning roles can be understood as a global conversation between the planning profession and its situation.

Role Choices for Planners
According to Jerome Kaufman (1981 ), among the numerous historical ways that planners have seen themselves --as architects, designers, engineers, social engineers, and most recently , political actors--, recent images have stressed that the planner is something more than a bureaucrat as technical functionary . Planners create, influence, speak about, encourage, stimulate, or otherwise take part in the setting of public policy . They do more than passively carry out the decisions and goals of others. They are active participants in 11 the articulation of and movement toward that which is thought to be the public good, beneficial, and valuable for the planner's client community and its citizens.

III. PRACTICAL PROBLEMS IN CONTEMPORARY PLANNING AND WHY
Learning on the job can be problematic for many contemporary planners. It is important to build skills and acquire knowledge through experience and over time . The reality of this is that may planners are experiencing situations that present difficult choices on how to respond as a professional. As a result, according to Healy (in Th mas, 1991 ), planners must constantly reassess their position on any issue-is it legitimate in terms of their role as an effective planner. can it be justifies, it rational , fair, equitable and why?

Normative Influence
Many of the writers about planning ethics refer to the normative foundation s of planning.
For example Richard Klosterman ( 1976) writes the planning profession in the United States grew out of and has been in large part shaped by two very important intellectual traditions. First is the widespread Western Civilization faith in ration ality and science which has viewed planning as the institutionalized application of the methods and findings of science to social affairs. Second in the United States, has been the great tradition of middle-class reform which uses planning as a means for improving government.
According to Hendler (1991 ) Healy (in Thomas, 1991) goes on to say that planners have wide discretion when making decisions about the nature and scope of their services. Planners have both responsibility and discretion as professionals, yet in a democratic society, they are rarely directly responsible to the electorate. Planners share with other bureaucrats and professionals a responsibility for shaping the physical and institutional environments within which citizens live. Planners are however, removed from the direct accountability which binds elected officials to the citizenry and should therefore, examine the special responsibilities and ethical dilemmas posed by their administrative discretion.
Elizabeth Howe (1994) agrees with this perspective, and suggests that planners have available to them three rather different images of the purpose and role of the profession .
The first emphasizes indirect responsibility to the public through loyal service to elected officials. A second has seen the planner as a more politically active and autonomous actor in the planning process. The third has stressed the role of the planner as a facilitator of the planning process. While the roles actually played out by the planners is more diverse than these three models, most contemporary planners draw from one or another as a starting place. Each of these roles provides a different answer to the central ethical question of the relationship between the expert planner, elected officials, and the public at large. Indeed, each role is associated with a distinctively different approach to ethics and practice. Planners in the first model see themselves as a loyal servant of elected officials are often content to leave the definition of goals to the decision makers. Their views of ethics focuses substantially on procedural actions that they judge to be right or wrong in 14 themselves. Planners in the second model see themselves as more active, independent actors and are much more likely to be motivated by a strong commitment to a particular concept of "the good", or the public interest, which they strive to realize through the planning process. Although they often work to increase their own autonomy while still recognizing the legitimate primacy of elected officials, they do no automatically defer to them (Howe, 1994). In the third model, planners who see themselves as facilitators of the planning process are centrally concerned with fairness and the openness of that process.
They see their role in relation to other actors as somewhat independent but responsive, bringing groups together to work out solutions to conflicts.

IV. HOW TO PREPARE FOR DIFFICULT PLANNING SITUATIONS
Increased awareness of practical dilemmas has sharpened the focus on why situations presenting dilemmas are occurring and how to better prepare and respond. Howe and Kaufman ( 1981) maintain that the difficulties of practicing for contemporary planners stems from the theoretical prescriptions of role models which are either so broadly defined that they can be variously interpreted or the "norms" may conflict with others' view. Partly because of such conflict and ambiguity, all planners may not reach the same conclusion about what is appropriate or inappropriate response to similar situations.
In the final analysis however the planner does not have the last word in the outcomes of their actions. Howe (1994) argues that planners do not serve private citizens but provide policy advice and administer support to public officials who retain control over the public 15 bureaucracies in which they work. Planners are not ciphers. They do have discretion in the way they develop and give policy advice and in the way they implement planning procedures. The opportunity for independent action will vary depending on the given situation including the planner, the decision makers, the agency, and the larger political environment, but presenting policy advice and implementing plans always allows some room for independent judgment and action.

Current Value Commitments
In discussing the topic of roles and their influences, Howe and Kaufman ( 1981 ), state that a possible explanation for differences in perceptions among planners could be traced to a central and continuing conflict in planning: how can planners maintain their technical integrity, yet at the same time, be politically effective? Planning has been struggling over the question of its proper stance as a public profession in a democratic society. The issue has often been posed as a choice between the polar models of the planner as technician and the planner as a political actor. The former is defined as technically expert, value neutral , and responsible to the public through the political decision-makers s/he serve But s/he is also dependent on those same political decision-makers for the implementation of "good" advice and plans. The latter, as an ideal type, is overtly value committed, perceived as more responsive to the community groups or issues s/he thinks are particularly related to the public interest, and more open to work actively through the political system to implement the plans. Only in recent years have there been attempts to think in terms of a role which combines aspects of both technical and political roles to achieve both integrity and effectiveness.

What Is Happening Now
Some of the more recent studies (Howe, 1994 andHealy, 1991) reflect the current feeling among practicing planners as to the ambiguous nature of their roles in the planning process. Planners do have their own independent, professional ideas of good policy, which can be quite different from those held by the decision makers or the public at large (Howe, 1994). Therefore, what is happening now is that discretion and ambiguity lead to dilemmas in practice when planner's professional values clash with other stakeholders .
Examining the practicing planners behavior and choice of roles is an important topic for current planning research. Klosterman (as cited in Wachs, 1985) argues that along with the increased theoretical and methodological sophistication in planning practice, such as computer-assisted techniques and simulation models , linear programming, and regression analysis, has come a neglect of the profession's reform heritage . Implicit in the emphasis on analytic techniques and social science theory is a view of the planner as a "value-free technician " who collects and analyzes "factual " data concerning the means for achieving public policy objectives but avoids the "value " questions of defining these objectives which is carried out by the political process . Wachs (1989) writes that planners do a great deal of analysis. They rely increasingl y on data banks, statistical methods, mathematical models and computers. Planning school s must teach quantitative methods to qualify for accreditation . While not every planner employs every method, analytical techniques in common use include cohort-survival population forecasting, benefit-cost analysis, input-output analysis, traffic impact studies, housing market studies and many more. Planners also do surveys, construct data bases using survey results, and employ such complex technical databases as land-use information systems. To the extent that planners are successful in influencing the policies and actions of government, they are acting politically, in the most fundamental sense of the word, because their actions determine "who gets what, when, and how". As a result, their decisions and actions necessarily involve ethical concerns such as balancing the conflicting interest of the members of society. He states that it seems impossible both in practice and in principle to limit planning to only the factual considerations of means .
Planners need not, in fact, cannot separate planning analysis from planning values by focusing only on technical questions of public policy.
He argues that planners are trapped between competing models of their role as scientists who analyze data to discover the truth and to arrive at the best course of action; or advocates who use data and models to prove that a course of action preferred by a client or employer is the best choice in a given situation. He proposes planners can go further and combine their dual commitment of scientific analysis and social reform in the rational consideration of the difficult but important question of defining public policy objectives.
If this does happen and the rational evaluation and justification of public policy values joins the scientific analysis of public policy means as a guiding ideal of the profession, the implication for both theory and practice is far reaching.
However, Baum (1988) Forester (1994) in his discussion on advocacy planning and the challenges of balancing interests for planners writes that in day-to-day work, notions of interest and community are politically shaped--not only by planners' imaginations, but by who speaks and who does not, who attends meetings and who does not, which interests have articulate and effective advocates and which do not. Suggestions of "interest" and "community" are constantly put forward and interpreted, constructed and reconstructed. He goes on to add that conflicting, ambiguous and evolving situations present planners not just with potential confusion, but also with many opportunities. For example in between the naive assumption that interests are always changeable and the presumption that they are fixed is the arena in which planners actually have to work and learn as they go. But this is the arena of democratic politics: of inevitable limited time, poor information, competing views, suspicious and conflicting parties, loud and not always happy voices. Democratic politics and planning processes mean conflict and argument, contention and debate , which are a good deal easier for theorists to write about than for planners to encourage 20 and facilitate; especially when the planners are responsible for getting things done and serving may interests at the same time. Baum ( 1988) feels that the current research grows out of the concerns which stimulated empirical study of planning. One was planners' growing complaints that their reports were ignored. The second was citizens complaints that, contrarily, plans for urban renewal and its descendants were being implemented and were harming communities.

Current Planning Research
Both concerns led to a focus on the politics of planning: who influenced decisions, and whose interests did they serve. These writers emphasized the inescapable political meanings of seemingly "technical" analysis. In compensating for past oversights by concentrating on the methodology of planning, they tended to suggest that planning is, if not only politics, at least mostly politics. Many researchers have emphasized a new situation as the determinant of planners' actions.
According to Forester (1994 ), fostering and indeed democratizing public debate requires special abilities from planners: diplomatic skills of listening, acknowledging, negotiating, mediating, probing, inventing, reconciling , facilitating, organizing, and more. Without these skills, planners will seek refuge in expertise and bureaucratic inaccessibility.

Focus on Codes
Sue Hendler ( 1994 ), asserts professional planning codes may play a number of roles .
They may express normative ideals for the profession, provide pragmatic guidelines for everyday behavior, communicate to clients and employers the expectations that are warranted in terms of roles and responsibilities of professionals and instruct the public, and students of the professions about the purpose and perspective of the profession. It is this multi-faceted nature of professional codes that make them subject to problems as well as promise.

A Remedy for Planners
In responding to a request for action to the planning profession's commitment to equal opportunity espoused in the AICP Code of ethics, Feld ( 1986 and) challenges planners to pursue the professional commitments in all cities by rejecting artificial constrains on the scope of the profession. She asserts that planners, by drawing upon their professional ethical commitments, can lead a process to provide a socially and economically equitable future for their communities. The broad-based comprehensive approach grounded in participatory planning and built upon special knowledge of communities within the moral imperatives of the profession will allow planners, in concert with government and citizens, to bring about choice and opportunity and, ultimately, the socially just city.

Focus on Personal Characteristics of Planner
Challenging the posture of these arguments, Baum ( 1988)  practice? In order to understand why planners plan as they do, future researchers must look at the situations planners encounter, their actions in these situations, and the personal characteristics influencing their actions. Baum ( 1988) warns that some planning education proceeds without an empirical answer to a fundamental question: Why do planners plan in the ways they do? He suggests that only a systematic examination of what planners do in particular situations will make it possible to examine this relationship between planners actions and the context in which they act. Do the situations largely determine the actions? Or do planners act in ways congruent or not with their situation? Studying planners' personal characteristics is important because it will help to answer the question: when situations offer planners discretion (as nearly all do), why do they act in the ways they do? Krumholz (1982) challenged the importance of something the planning literature usually does not address ; the planner as a distinct force in affecting the outcome of decisions .
Planning literature conveyed notions that planners are locked into predetermined activities unless they have a base of power, have supportive clients, face few barriers from others, and perform objectives of professional planning. Many writers agree that these and other contextual factors are important to the outcomes of planners activities .
However, as illustrative of Krumholz experience, the personal inclinations of the planners, such as willing to take risks , to be assertive, and to confront conflict rather than avoid is also important to the outcome of planners work. A planner' s personality can indeed be an important factor in determining what course planning follows and what it can accomplish. For that matter, personality can al so work to hinder the opportunities of planners who may be overly cautious and security minded.

Prescriptions For The Future of Planning
Since situations are defined by planners and the profession as being ambiguous, discretionary and not readily defined, many current writers share some common prescriptions for the direction of future planning research. One is that researchers need to examine the behavior of practicing planners in order to identify the influences on their role, and in particular, their role in difficult situations that present ambiguity and discretion .
According to Feld ( 1989), planners have responded in a variety of ways to the ethical dilemmas arising in public policy decision making. There are a wide range of responses that planners can make to ethical challenges. Questions which relate to critical concerns for planning educators and practitioners include: What are the responsibilities of planners in applying their knowledge of the complex dynamic of communities to situations involving political conflict? What are the roles and responsibilities of the professional planner in a politically troubled situation? Does a planner who "gets along by going along" bear a moral responsibility for the political outcome? What guidelines or yardsticks are being taught to prepare planners for making the ethical and moral choices that are inherent in these situations? What is being taught to provide the will and skills necessary to implement such decision?

VI. IMPLICATIONS
Since most planners work in public sector, ambiguity and discretion are important concepts that deserve careful consideration. However, according to Forester (1994) planning and planning theory are in no more crisis today than are the humanities and the social sciences generally. When different "paradigms" compete and pose problems differently, that is a sign of health, not intellectual poverty . We should stop looking for a unified field theory, a single common measure of excellence, or for a happy consensus in which architects and economists will love each other. and we should instead explore the real possibilities to improve planning practices so they serve human need . Even with this one issue of democratic deliberation, some will approach the issue via political economy, some via computer-based decision support systems, some via psychology and groups processes, and some perhaps through the uses of visual imagination. Our task is not to force a choice among such approaches but to learn what is yet possible, to build on the best available work to see more that we saw yesterday, to be able to share the results with one another, and to be able to listen and respond, to act better as well. Kaufman ( 1993) writes that ethical judgments are involved, sometimes explicitly but more often implicitly , in may planning activities including collecting and analyzing data, According to Marcia Feld ( 1989), responses to question about the responsibilities of planners in applying their knowledge of the complex dynamics of communities and situations involving political conflict are generally centered around the ethical concerns of the planners' moral imperative to validly apply professionally shaped knowledge and values when employed by a community whose majority political consensus is contrary to that of the profession 's commitment to the Just Society.

Ethics And Planning Education
On the issue of the role of the planner, Hendler (1991) asks whether planners should do only what is asked by an employer or develop a professional stance on an issue and stick to it even in the face of adversity? While educating planning students to believe that they will be able to solve problems on their own and in a vacuum is misguided, it seems that it is equally wrong to train planners to do merely what they are told . What is the value of professions other than the recognition of the importance of independent professional judgments? Hendler believes that planning students need to develop the tools of ethical analysi s: taking a systematic approach to examining situations in order to arrive at bases for informed ethical judgment; and to facilitate its application in the planner's work life.
She adds further, if planning has its own set of ethical concerns and values, these deserve to be identified and discussed. Thi s can occur in the pages of a journal , inside the walls of a meeting room in which a new or revised planning code is being discussed, and in the classrooms and hallways of academe. There is opportunity and challenge here for practitioners, students, and educators alike to extend planning education and practice to encompass matters of moral discourse, focus attention on the dynamics between individual and organization, generate dialogue on ethical issues, and forge new principles to which the profession may aspire.

Commonalties and Differences of Theoretical Perspectives
Common themes that were brought out in the literature review include: • agreement among writers on the present tension between the technical , political, and social aspect of planning; and the need to address ways of better linking theory and practice • traditional theoretical role models did not account for the complex society in which planners work today • ambiguity and di cretion in planning practice are indicators of the problematic status of the role of planners and perhaps the legitimacy of the planning profession .
• there is a need to know more about the experience of contemporary planners work lives and their professional problems in the practical setting • there are a variety of ways to address these planning dilemmas profess ional codes of ethics and conduct for the planning profession , assumes that profess ional and societal consensus are possible Differences Baum ( 1988) offers the most striking criticism of both traditional and current approaches .
He offers an alternative to planning research approaches, and challenges those interested in the planning profession to think in a different framework. He suggests that research emphasizes situational influences on practice while ignoring the personal characteristics of planners. He adds that those who write about planning tend to write about planning situations as the determinant of how planners should act. He proposes that research explore individual characteristics of planners' personalities as the determinant for action .

VII. THIS PROJECT
Research on effective ways of linking theory and practice has been going on for many years . As stated earlier, the focus has shifted from theoretical models discussing the role of the planner as technical advisor, to that of a more active participant in the planning process. With the evolution of demands on the role of the planner from both the public and the agencies whom planners work for, recent research examines what planners should do in certain given circumstances. This project presents a participant-observer, qualitative case study (Yin , 1989) of actual events during a nine week time of perceived controversy in a rural town setting. The purpose is to better understand the whole role of the planner, and identify the influences which played a part in determining the actions of the planner in the case example.
According to Schon ( 1982), there are many dangers associated with the detailed description of a single case, especially a case drawn from a single episode in a professional life. Doubtless, not all town planners are like the one in this study; further, the rest of the writer/planner's practice may differ in significant ways from the episodes discussed. A fuller research program would analyze many episodes drawn from the life of a single planner, and would juxtapose the experiences of many different sorts of planners. Nevertheless, the case example attempts to highlight several common themes in contemporary dilemmas identified by practicing planners. In the case study, the qualitative research design draws substantially on theoretical perspectives on characterizing the influences of planners roles in situations with ambiguity and discretion .
This type of case study is descriptive ; its general analytic strategy describe a broad topic In addition, the developmental framework utilizes models from ethical perspective articulated by Howe and Kaufman and others, as well as assesses the influence of personal characteristics in accord with Buam's thesis.

Motivation of Writer/Planner
Professional ethics in planning are centrally concerned with the relationships between expert career staff and the elected decision makers and citizens they are supposed to serve (Howe, 1994). When the writer/planner of this case study reflected on the various situations experienced during the study period, these same relationships were examined.
Recent research ha involved descriptive analyses of the perspective of practicing planners regarding ethical issues that arise in their work lives. Howe and Kaufman state that the intention is to describe what planners think is ethical, not to judge whether or not planners are ethical by some predetermined standard. This paper is not an evaluation of the actions of the planner, that is whether they were good or bad, right or wrong, rather the purpose is to attempt to add to the discussion and exchange of ideas of theoretical influences which impacted upon the behavior of the planner in the case example.

31
Planning knowledge is analyzed as a system of knowing-in-practice which includes the framing of role and situation, and in the interpersonal theories of action which the practitioner brings to his practice (Schon, 1982).

Introduction
This is a participant observer study and as such, the initial assessment of activities involves a chronology of events whose actions represent relationships between the role of the planner and the behavior of various participants. The process of this model assess this project by facilitating the articulation of professional and ethical judgments in thi s planning process as experienced in the case example.
Most of the models described in Chapter One employ a qualitative study design which analyze a variety of topics. In this case example, descriptive steps are used whereby potential factors explain wh y the writer/planner behaved as she did during the time of study. Although the narrative in Chapter Three is extremely detailed in recounting the events, the details build a more unified understanding of the question under study : what influences impacted the actions of the planner as shown in the case example and wh y.

Method of Analysis
The analysis in this qualitative case study might be likened to assembling a jigsaw puzzle whose picture is not quite clear until it is all laid out. Once the various parts are assembled and discussed, the relationships will be established, roles identified, and actions interpreted (Schein . 1987). This qualitative case study and method of anal ysis is designed to identify areas of greatest concern during the study period. The method assigns values to the relati onships between the planner and the elected town officials and 33 the local residents. The analysis focuses on three actions identified as key professional planning activities which resulted in professional and ethical concerns. These actions, taken by writer/planner in the case example are specifically described in the narrative of Chapter Three, and are summarized below in Table I. The analysis will include theories of various factors that operated within the planning process and ended with consequences. Selected models for analysis will assess relationships between writer/planner, the elected officials, and local residents with a focus on the motivation for a set of decisions made in response to professional and ethical concerns. As such, additional concepts will be discussed throughout the project that refer to the "observable" elements of the planning process, that is, writer/planner's visible actions: speaking, attending meetings, conducting interviews; writing correspondence and performing procedural activities. "Unobservable" elements of the planning process include writer/planner's thoughts, feelings, and value commitments that shaped actions in the case example. Tactics and outcomes examine these factors which facilitated or constrained attainment of objectives within the planning process. Chapter Four, will discuss the findings and conclusions of the project analysis.

Explanation Of Development Framework
The developmental framework for assessment will utilize a variety of empirical models found in studies conducted by selected authors. The models are specifically designed to analyze the behavior of practicing planners in situations which present professional and ethical dilemmas. Selected models are developed in three steps: to describe the contextual characteristics of the controversial situation ; to assess the ethical behavior of writer/planner; and to explore the personal characteristics that influenced writer/planner's behavior in the case example.

STEP ONE: Contextual Characteristics
According to Elizabeth Howe ( 1994 ), three steps are necessary for effective, ethical behavior. Planners must be able to identify situations as posing ethical issues; that is, how does a planner perceive a situation as one of conflict and/or controversy. Once an ethical issue has been identified, the planner must be able to articulate the situation as such and decide what should be done about it. In the last step, the planner must have both the will, and the freedom or leverage to act on her or his own decision. The model used by Howe and Kaufman ( 1981 ), in their work "The Ethics of Contemporary American Planners'', will be utilized to describe the manner in which writer/planner responded to issues in the case example. More specifically, the developmental framework will use the model to frame a description of each component: the scenarios which describe the type of actions taken to intervene in the situation; the tactics which explain the motivation for action ; and the intended issues benefiting which define the ethical concerns raised by writer/planner. Actions will be assessed, in terms of their relationship to outcomes, and discussed in the findings section of this report.

STEP TWO: Assessing Ethical Behavior
Writer/planner in the case example identified ethical issues of concern, therefore models which examine the ethical perspective of the planner's experience are utilized.

Ethical Framework For Planning
According to Howe ( 1994), a code of ethics set the boundaries of acceptable behavior for planners. In theory , a set of commonly held behavioral norms make up the body of professional ethics. Some, but not all of these norms have been codified in the Code of Ethics and Professional Conduct of the American Institute of Certified Planners (AICP; formerly the American Institute of Planners) (1981 ). Whether codified or not, these norms ideally represent guidelines for planners in conducting themselves as professionals.
The code is a lengthy statement on the planner's responsibilities to the public, clients and employers, the profession and colleagues as well as one's self. The preamble of the code states that: "This Code is a guide to the ethical conduct required of members of the American Institute of Certified Planners. The Code also aims at informing the public of the principles to which professional planners are committed. Systematic discussion of the application of these principles, among planners and with the public , is itself essential behavior to bring the Code into daily use.
The Code's standards of behavior provide a basis for adjudicating any charge that a member has acted unethically. However, the Code also provides more than the minimum threshold of enforceable acceptability. It sets standards that require conscious striving to attain" (Howe, 1994: 212).

The Planner's Responsibility
The AICP code is structured around the idea of obligations to various groups served by planners. The primary obligation is seen as the planner's responsibility to the public and to serving the public interest, which is defined in both procedural and substantive terms . 38 In addition, secondary obligations are owed to clients and employers, to colleagues, to the profession and finally, to the planner himself or herself.
The code also forms a hierarchy in which some principles are more binding than others.
Thus, laws and duties are the most binding principles; accountability and service to the public interest are second; and principles concerning responsibilities to the profession constitute a third level of obligations. The rationale for this hierarchy is both theoretical and empirical. The correspondence between the hierarchy and what planners were already doing would not, by itself, justify its use, but if independent arguments can provide justification, the correspondence would seem to be a practical advantage.

Working In Public Bureaucracies
This research project is a study of a planner acting in a public sector position, as is the study by Howe ( 1994 ). She claims that city planning is different from the traditional dominant consulting professions , such as Jaw and medicine, which have been the focus of most discussions of professional ethics. The primary difference is that the predominant work/employment is as career staff in public bureaucracies. It is these public planners who are the subject of study. As career staff, planners work in public bureaucracies and have input into the outcomes of planning decisions but certainly do not control these outcomes. Planners are officially charged with serving the interests of a whole community, rather than individual clients. Pl anner's own values concerning the best ways to serve the public interests of the community are only one element in a complex 39 process of determining public policy. Their expertise and their professional charge relate to developing plans and recommending implementation strategies. The process is likely to involve considerable input by citizen groups and by those who have a direct financial stake in the plans and their implementation. The final decisions are made ultimately by elected and appointed officials.

Hierarchy Of Principles
Professional ethics in planning are centrally concerned with the relationship between expert but not elected career staff and the decision makers and citizens they serve.
The framework for this study is an articulated hierarchy of principles as presented in the AICP Code. According to Howe (1994), at the top of the hierarchy is the planner's adherence to the civil Jaw. Next is adherence to ethical duties of justice, and two coequal principles of accountability and service to the public interest. Planners must respect Jaws and duties of justice. Such duties of justice are basic ethical norms which allow for predictability and trust among individuals. They include honesty, truthfulness, fairness , and promise-keeping. The principles of respect for laws and for duties of justice are followed by two counterbalancing principles. One is the requirement that non-elected bureaucratic officials be responsible to the public. sometimes directly, but more typically by being accountable to elected officials. The other is that they serve the public interest.

Defining The Public Interest
Accountability to the public through elected decision makers is a long-standing tenet of democratic administrative theory. Even though our understanding of the relationship between politics and administration has changed over the years and our acceptance of the absolute legitimacy of elected officials has been somewhat tempered, this is still a central tenet. Public servants, such as planners, work in public bureaucracies that institutionalize this relationship of responsibility. While they have never been given the kind of autonomy that has been granted to consulting professionals such as doctors or lawyers, autonomous action is still grounded in processes that allow for oversight and accountability (Howe, 1994 ). The problem with the ethical obligation to be responsible is that it can be interpreted as a requirement for unconditional personal loyalty to elected officials, regardless of the legitimacy of their demands.

Planners Knowledge
The counterbalance of planners to claims of loyalty is their professional judgment. They draw on bodies of technical knowledge and methods to assess means for accomplishing ends set by elected officials. In addition, planners have their own values about what kinds of policy will best serve the public interest. However, practicing planners use the idea of the public interest as a common guide in their work. They generally mean by it one of two things that are not mutually exclusive: I.) substantive contents such as concern with social justice or the broad, Jong range good of the community ; and 2.) a 41 process of ideas of the public interest and those held by elected officials and members of the public.

STEP THREE: Examination Of Personal Characteristics
Even though ethics are not legally mandated codes of conduct, they are enforced in part by social pressures among people who share the same organizational, professional, or cultural systems. Their effectiveness depends considerably on being embodied in an internalized professional sense of right and wrong, and of good and bad. The question of what influences a practicing planner to not only embrace the norms of professional practice, but act accordingly , some scholars believe is of greatest concern for the planning field.
The model used by Howell Baum ( 1988), in his study "Why Do Planners Do What They Do? The Little We Know and The Lot We Don't", is utilized to articulate specific personal factors that influenced behavior and shaped action in the case example. More specifically, this model is utilized to explain the thoughts, feelings and value commitments which shaped writer/planner's role in the case example. Baum (1988)  The combination of models and developmental framework will be used to organize the findings and conclusions of this report.

CHAPTER THREE: CASESTUDY
"I think it's important for Rhode Island to participate in this gaming industry .. .! think any governor of Rhode Island would be irresponsible if he did not get involved." Governor Bruce G. Sundlun (quoted by Thomas Frank, in The Providence Journal, Aug. 29, 1994) 44 This chapter is divided into three sections. The first is context with the attendant conditions, and a summary of the nature of the substantive issue as experienced in the case example. Section two presents perspectives of gambling as perceived by participants in the community of West Greenwich and other key stakeholders. Section three provides the chronology of events during the nine week study period. Section three is narrative in style and was assembled from various communication records which were maintained by the writer/planner during the study period.

CONTEXT
In order to better understand the community that serves as contextual backdrop for the project, following is a brief profile of the town of West Greenwich.

Land Use Patterns
Rhode Island, like most of the United States, has experienced a shift in population and settlement patterns from the central city to less developed suburban and rural communities. This pattern within the state, is expected to continue and be intensified by any development which follows the major highway, Interstate Route 95, which bisects the state from north to south. One of the towns along this primary route is West Greenwich. However, the census figures do not tell the entire story of growth that affected the town during Rhode Island 's building boom of the 1980s. According to former town planner, Ann Skiver, the challenge of the 1990s will be to preserve the rural character and "country living" quality of life that originally attracted so many of the newcomers.   Most of the town's residential land is zoned rural residential/single family, with minimum two acre lot size to accommodate for individual septic systems and private well water.
There are no public sewers in the town, except for the industrial park, which is served by West Warwick Water Authority.

Key Issues And Concerns
The town has struggled to put into place measures which will control and guide its

Community Aesthetics
The balance of rural amenities and adequate service provision is of central concern to many residents.

Community Government
The form of government is a five-member Town Council, headed by a council president.

Methodology
In order to present a more valid and accurate chain of events ( Yin. 1989), the developmental sequence was assembled from a variety of sources. Those sources include writer/planner' s personal correspondence records, daily planning calendars, meeting notes , and a journal of planning office telephone conversations which were utilized from the inception , to the completion of employment with the town. The narration of events is not exhaustive in detail , but provides insight into the content of the decision making process as experienced in the case example.

Administrative Duties
The primary concern of the planning office was to guide the physical development of the

Identifying Community Sentiments
The writer/planner' s objective for the above analyses was to expand the physiological focu s to include socio-economic considerations of the proposed land development • many expressed a strong sense of safety and well being due to a low incidence crime and violence within the community • private automobile is the most prevalent mode of transportation with limited public transportation serving the town • property valuation was a concern; with increased migration, higher property taxes were causing some personal hardships  and affordability relative to site location market price is 69% between $I 00,000 to $200,000 5. Economics domi nant sector is farming and provide job opportunities specification of job type and residential construction; some preference to local residents ; service and industrial will employment opportunities go to residents or will professionals be transferred 6. Public Fiscal Structure revenue source is primarily from subsidized by casino revenues IGRA legislation provides for property taxes; some industrial sovereign nation status, therefore and manufacturing; budgetary waives tax burden ; compact priorities include school , public negotiations set schedule for facilities and road improvements; compensation and is subject to residents provide for individual change s~tic ~stems and well water

Opportunities and Constraints Associated with the Substantive Issue
Literature reviews conducted by writer/planner raised additional concerns which were discussed with members of the Town Council , the Planning Board, and the Solicitor.
Findings indicated the focus on exclusively the physiological concerns of site location for gambling facilities had yielded to more recent attention and research focused on host communities and the soci-economics of casino gambling impacts. Although a summary of the literature was forwarded to the Town Council President, the planning related issues highlighted below illustrates both potential gains and losses for host communities: • "Regional Planners Are Gridlocked By Casino Traffic." As more and more casino traffic clogs local roads, regional planners meet in Connecticut to wrestle with solutions (Norwich Bulletin. July , 1994).
• There are difficulties involved in marketing socially unacceptable products such as tobacco, alcohol , gambling, pornography, and firearms. One key element in distributing products and services that fall within this category, is to shorten the channel as much as possible. The shorter the channel, the less exposed the product is to social criticism (Marketing News, 1994) • Tribal gaming has proven to be the single greatest opportunity to eliminate the horrendous poverty on Indian lands in the history of the federal/tribal relationship .
The Mashantucket Pequots are a model tribe, they have provided financial security and educational opportunities for the next generations of American Indians (Pequot Times, 1994). 58 • "Gambling As Economic Policy: Enumerating Why losses exceed gains." Apart from the social harm that it causes, gambling would be just another inconsequential, low-technology business earning ordinary profits and exhibiting easy entry and exit.
It is a logical impossibility for every area to win at the others' expense when gambling is present in every region. For the nation as a whole, there will be no net economic development from the spread of gambling, but there will be the creation of a new social problem and the social costs that entails. From a national perspective, the sole benefit of gambling is that it is an additional form of entertainment for the subset users who gamble recreationally and can do so without harming themselves or others.
The cost-benefit question is whether another form of entertainment is needed whose social costs are equal to an additional recession every decade (Illinois Business Review, Spring, 1995). Dessert Sun of Palm Springs, California held a reader forum to discuss precisely that: hindsight. Three topics kept surfacing during the roundtable discussion with the randomly chosen group of 11 readers. 1) surprise at the Pequots' success, 2) concern over the Jack of planning and communication, and 3) distress of strained relations between residents and tribal members. Taken by surprise, residents living near the casino said part of the problem rests with residents' attitudes toward the Pequots.
Before the bingo hall , we did not give the Pequots much thought, we should have • "Can ' t Tax What You Can ' t See" The amount of money involved in criminal activity , and the subsequent tax revenue th at is lost is of interest to both economists and policy makers (Fedgazette, April , 1994 ).
• "Gaming Industry : A Winning Strategy." Today , the gaming industry encompasses land-based casinos in more than ten states, Indian reservation gaming in 17 states, dockside or riverboat casinos approved for six states, and lotteries in 37 states, the District of Columbia and Puerto Rico. The industry ' s handle in 1992 soared to $330 billion, a stunning 26% increase in only a decade . The same year also had record profits of $26.7 billion for the industry. As gaming opportunities abound, so do potential returns for investors. A recovering economy, the demand for gaming in new 61 jurisdictions, and the public's growing fascination with the fun and excitement of gaming, suggest that the industry will be a winner for years to come (Institutional Investor, Feb. 1994).
• "Fox woods Jobs Halted Free-Fall." Fox woods jobs halted the free-fall of housing prices and unemployment caused by the layoffs associated with Electric Boat of Groton, Connecticut. Base pay at Foxwoods may not approach Electric Boat wages, but benefits and tips can add up to a healthy package. For the region , it is perceived by many as an economic success story. Since opening in 1992, the casino has hired 9200 people, making it the region's second largest employer. Many of the employees report they are earning more that they did at their previous jobs. As for benefits, the casino may be second to none in the region because they offer all employees and their families , free and comprehensive health care through its own HMO health plan . Nonemergency visits to the doctor cost ten dollars , and all hospital stays, no matter how extensive, are at no cost. Like many twenty-four hour businesses, retaining permanent employees for long periods is a problem, and the casino believes offering a generous benefits package is one way of countering that trend (Norwich Bulletin , August, 1994).
• "Teenage Gambling." In areas with casino gambling, about half of all high school students gamble , and some studies have found that as many as 86% have gambled at least once in the past twelve months. Casino owners understand the addictive nature of teens and adolescents. Unfortunately, they use this knowledge to their advantage.
For example, you have state governments promoting lotteries. The message they are 62 conveying is that gambling is not a vice, but a normal form of entertainment. This should raise serious questions about the development of "family-theme park" casinos.
This will not only capture the parents' money in the short term, it also desensitizes children to the casino environment and prepares them for gambling in the future (in Waldon, 1994).

Narragansett Indian Tribal Nation:
Under terms of the 1988 Federal Indian Gaming Regulatory Act (IGRA) legislation, the Narragansetts, along with many Indian nations, argue that gambling has afforded them unprecedented opportunities for employment, enhanced services for tribal members and provided for immense economic growth. They believe that Indian sponsored gambling offers a chance to bring people of different backgrounds together in an environment of respect and acceptance.
The Narragansett Indian Tribe, like Native Americans across the county, hoped to reverse the long history of suffering brought about by ignorance, poverty, and exclusion from the mainstream economy in Rhode Island. Stressing a rich heritage and tribal folklore , along with their respect for the environment, the tribe proposed to build a gambling casino on land (in West Greenwich) which was not contiguous with their reservation located in Charlestown , Rhode Island. Narragansett Tribal leaders respect the success of Fox woods Casino and Resort sponsored by the Mashantucket Pequot Nation in Ledyard, Connecticut. Leaders of the Pequot Tribe have used profits generated from the casino to provide jobs, housing, education and a secure financial future for many of their tribal members. More than 150 Indian casinos are now operating nationwide and Indian sponsored gambling has become a $4 billion a year industry (Goodman , 1994). The 64 Narragansetts expect that gambling which they sponsor in their native state will afford them an opportunity for prosperity and economic independence.

Indian Gaming Regulatory Act of 1988 (IGRA):
This federal legislation sets out rules for casino compact negotiations between Native American Indian tribes and host communities. The Act creates three classes of gaming.
Class I is traditional games and is not subject to oversight by any entity other than the tribe. Class II gaming includes bingo and related games. Class Ill gaming includes casino-type games, pari-mutuel wagering, lotteries and video terminals. Class Ill gaming can only be conducted after an agreement, as a compact, is reached between a tribe and a state. The center piece of the bill requires tribes to negotiate with respective states before commencement of any on-reservation gambling, including casinos. The law also requires states to negotiate in good faith and guarantees tribes may file suit against a state in Federal court if a state fails to comply. Another section of the legislation allows both the tribes and the host community to seek intervention by the Secretary of the Interior and the Bureau of Indian Affairs. The Narragansett Indian tribe cited IGRA and wanted casino style gambling based on legal video wagering which was already allowed in Newport and Lincoln, Rhode Island. The Narragansett Tribe voiced concerns that Rhode Island state representatives discriminated against them, and argued they will continue to pursue their legal rights in the Federal courts.

Capital Gaming International Incorporated:
Thi s New Jersey based company hoped to expand its business opportunities into the state of Rhode Island. It is the United State's largest manager of Indian sponsored gaming, and has contracts with eight native American Indian tribes operating in Arizona, California, New York, Oregon and Washington. The company financed over one million dollars in advertising campaigns to promote the West Greenwich casino sponsored by the Narragansett Indian Tribe.

GTECH World Headquarters:
This company, located in West Greenwich, was a joint venture partner with Capital Gaming in the casino proposal signed by Governor Sundlun . The company saw the Narragansett Indian casino as a business expansion opportunity; declared its financial backing; and agreed to supply all the casino gaming equipment to the Narragansett Indian Tribe.

THE STATE LEVEL Governor Sundlun:
Sundlun believed that if Rhode Island did not spend the money and build a gambling casino within the state, all the potential profits from gaming revenues would be lost to states elsewhere in New England. He said West Greenwich was officially the preferred site for the Indian sponsored casino, and he guaranteed "exclusivity" to the Narragansett Indian Tribe. He was not concerned about public criticism and did not feel the compact would jeopardize his chances for re-election.

Governor-elect Almond:
During his campaign for state governor, Almond declared that any casino negotiations would include only the games currently allowed in Rhode Island which include jai alai, dog racing , keno, daily numbers and video slots. Illegal games include blackjack, roulette 66 and poker or casino style slot machines. Almond was a self-proclaimed opponent to gambling and joined the Rhode Island Attorney General's office in their suits against both the Narragansett Indian Tribe and Governor Sundlun.

State Attorney General (AG):
This office provides the state's legal defense . Prior to the Governor's compact which cited West Greenwich , the AG' s office filed a legal suit against the Narragansett Indian Tribe. The basis of the suit argued that IGRA regulations for sovereignty did not apply to the Narragansett Indian tribe and therefore, Governor Sundlun could not legally negotiate for gaming with them. Later, a court determination declared IGRA was applicable, but only to Narragansett reservation land in Charlestown. Disregarding these suits, meetings between Governor Sundlun and the Narragansett Indian Tribe began in July , 1994. Prior to Sundlun confidentially signing the compact with the Narragansetts, the governor contacted the AG ' s office for a legal opinion to his pending arrangement with the Narragan setts. The AG ' s office issued an advisory opinion and warned against compact negotiations without legislative and/or voter approval.

THE COMMUNITY LEVEL Town Council and Solicitors:
Members of the Town Council, along with the town's solicitor, rejected the Governor' s compact with the Narragansetts and confidentially met with developers to negotiate under a separate town compact. Fueled by pressure from local voters to act swiftly, (before the election ) these town leaders agreed to private meetings with the Narragansett Indian Tribe to negoti ate a "community friendly compact" for West Greenwich .

Planning Board:
As determined by records from discussions during the October, 1994, General Meeting, Planning Board members asserted it was not their responsibility to discuss and/or act in any manner on the proposed gambling initiative issue. In addition , the members stated they would take no action unless a formal request was issued from the Town Council.

Citizen Groups
Nearly the entire community became involved in this highly public, emotionally charged controversy . A huge chasm divided the two sides in the debate. Both factions promoted impressive studies and expert opinion in the hopes of swaying voting residents to see their point of view.

Proponents:
There was widespread support for the proposed casino gambling initiative among groups of long time residents . Many of these local citizens felt burdened by the recent growth of the town which resulted in increased property taxes, and caused them personal hardship.
Many of these same residents believed the proposed casino would help decrease tax burden s, subsidize municipal revenues and pay for expansion of town services.

Opponents:
As vocal advocates for more public participation, theses citizens were angry that the West Greenwich proposal was unjustly "thrust upon them", first by the Governor and then by their own locally elected officials.

Residents Against Gambling Establishments (RAGE):
Representing the most outspoken sector of the population, this group of primarily West Greenwich residents was described by the mainstream media as a loose-knit, grass roots community organization, who attempted to persuade undecided citizens to register and vote against the gambling initiative. Many of these residents perceived the negative impacts of similar communities that welcomed casino gambling. With its close proximity to Connecticut, many West Greenwich residents were aware of and feared similar impacts caused by the Mashantucket Pequot Foxwoods Resort Casino in Ledyard, Connecticut. Data showed that since Foxwoods opened, an estimated 350,000 patrons per day visited the site. The traffic on local roads leading to the facility had tripled, causing increased congestion and noise . West Greenwich residents also feared school buses would pass the gaming facility a rrunimum of twice daily, and expose young children to gambling activities. Another source of concern was the issue of sovereignty and future land acquisition. Residents feared that more land would be lost from the tax rolls and the remaining land would become a commercial strip that was out of scale with the town's scenic rural landscape.

Adjoining Communities:
With gaming initiatives on many local ballots, cities and towns throughout Rhode Island were engaged in dialogue about casino gambling. In the town of Coventry, which borders West Greenwich , the elected town officials offered public forums on the proposed gambling casino. Speakers at the forums included Bill Haase, the town planner for Ledyard, Connecticut. Haase spoke of impacts from increased development in his town 69 since the Foxwoods Casino was built three years ago. He also discussed the broad range of social disruption to the lives of residents in the three communities abutting the facility .
The purpose for the public information forums, according to Coventry Town Council President Kiley, was to learn how secondary development, the building of restaurants, motels and shops have affected Ledyard, and therefore similarly, could affect Coventry .
Similar meetings took place in communities across Rhode Island and Massachusetts. However, before West Greenwich residents could vote on a referendum, the Town Council was required to place the gambling casino initiative question on the local ballot.
The state deadline for ballot questions to be added was nine weeks from the date of the tendered proposal.

Monday August 29:
• Listening to the morning radio broadcast, writer/planner learned of the casino gambling compact while driving to work. Upon arrival at the West Greenwich

August 30:
No feedback was received from the Town Council President, therefore, writer/planner proceeded to survey other professional planning colleagues with experience in Rhode Island community ' s. Colleagues included: Deborah Perry, the planner for Charlestown, which is the current site of the Narragansett Indian reservation ; Joseph Lombardo, planner and con sultant for Hopkinton and Richmond; and Tom Mitchell , Executive Director, Alton Jones Camp and Conference Center in West Greenwich .
Each indicated helpful suggestions to add to the data collection process, and advocated an impact study be included in writer/planner' s recommendations to elected decision makers.
• Later that day , John Mullin , a professor at the University of Massachusetts-Amherst and a leading authority of New England economic development was contacted.
Telephone discussions focu sed on community planning issues associated with 74 gambling establishments. He in tum referenced Robert Goodman for further information on gambling, economic development and host communities.
Writer/planner was familiar with Goodman's work in planning research, and in particular, his gambling study in Massachusetts.
• Contact was made and during the conversation, Goodman suggested that writer/planner propose options to the West Greenwich elected officials. One alternative that Goodman considered the most practicable and effective included a public information conference to be held as soon as possible. In order to lessen the burden to the town, the public forum could be funded and sponsored by the Rhode Island Department of Economic Development. In addition , he suggested that the proposed developers, Capital Gaming International, was probably not aware of the concept of home rule charter in New England. Most gaming enterprise representatives were accustomed to dealing with county bureaucrats and were not concerned about the skepticism of many local residents . At the end of our conversation, he offered to be available at any time for further assistance.
• One of the last people contacted that day was Trenton Wright, principal owner of Community and Business Strategies, Inc. As a planning con sultant working in Willimantic, Connecticut, he was a recognized authority on economic development and locally unacceptable land uses (LULU's). His most recent experience included agreement negotiations between a tire burning plant and a local host community. He discussed potential considerations for West Greenwich, should the proposed casino be 75 approved, and added a variety of impacts be reviewed by West Greenwich decision makers which included: I) the routing of traffic and maintenance impacts on local roads; 2) the issue of employment and jobs--what are the types of occupations and wages paid; and will there be local hiring and how much?
3) legal options for the town should include the right to arbitration prior to litigation; and, 4) the developers should be required to finance and supply the town with transportation and environmental impact studies.
• Unable to confirm a meeting that included West Greenwich officials, writer/planner met with Wright at the West Greenwich Town Hall to discuss potential strategies.
• In an attempt to confirm the town's legal position, writer/planner spoke with representatives from both the Governor's and State Attorney General's offices.

Governor Sundlun's chief legal counsel and spokesperson Elizabeth Murdock
Meyers, said that the Governor's administration had been meeting regularly with the Narragansett Indian Tribe since July, 1994, and those proceedings were valid Assistant Counsel Alan Shaw of the U.S. Attorney General's office maintained that one or both of the following was necessary for Governor Sundlun's West Greenwich compact to be constitutionally sound: I.) General Assembly consent, and 2.) a majority vote from the state, as well as host community constituents.

August 31:
Based upon notes of these conversations, writer/planner summarized the data collected and mailed the information to each member of the Town Council and Planning Board. In the packet sent to the Town Council President, writer/planner requested him to contact the planning office, as he was increasingly difficult to reach by telephone.
• Prior to mailing this information, writer/planner telephoned Howard Foster, Ph.D. at URI' s Community Planning and Area Development to familiarize him with the situation and ask for his views. Writer/planner expressed concern about how to address the inaction of the elected officials and the demands of local residents.
Discussions then focused on professional and ethical dilemmas. Writer/planner did not intend to jeopardize the CPAD department's reputation, nor misrepresent the internship position by "doing the wrong thing" . Foster affirmed writer/planner's actions were within boundaries of professional conduct and further advised he would be available for participation in a non-partisan panel discussion . We also discussed options for panel participants, locations, and dates to propose to West Greenwich decision makers.
• A teacher at the West Greenwich junior/senior high school telephoned writer/planner to request assistance and stated: 1) student reporters for the school publication were interested in learning more about the West Greenwich gambling casino initiative; 77 2) students were unable to get detailed information about the local compact between Town Council member and the Narragansett Indian Tribe; and, 3) students felt their voting parents/guardians were deprived of "official" information on issues proposed by the gambling casino compact.
Further discussions examined opportunities such as a school sponsored assembly with parents and the general public invited to attend. The format could be a "point /counter point" discussion which would explore issues of gambling, identify local sentiments on the issue, and identify potential impacts to the town. We also discussed a format where the students could interview various decision makers and the developers about the proposal. Writer/planner informed the teacher that the discussion would be conveyed to the Town Council and other elected officials.
• Before leaving the office that day , Town Council President advised planning office to postpone any activity on public meetings.

September 1:
• Town Council members held their monthly General Meeting in the Exeter-West Greenwich Regional Junior Senior High School. The purpose of the meeting was to discuss whether or not West Greenwich residents should be allowed the opportunity to vote on the proposed casino compact. The Town Council President opened the meeting and stated representatives for the gambling casino developers and the Narragansett Indian Tribe were scheduled to address the crowd.
• Writer/planner met with West Greenwich town solicitors to provide them information which had been compiled to date; and also met with Capital Gaming International representatives who were accompanying Lloyd Wilcox, the Narragansett Tribal spokesperson.

•
During his address, Wilcox assured town residents that the Narragansetts would build a facility comparable in quality and style to Foxwoods Casino and Resort in Ledyard, Connecticut. The crowd became boisterous and before Wilcox could finish his comments, angry residents shouted angry protests at the "arrogant presence of the developers, as well as the Governor's gall at pushing the compact down our throats".
• The Town Council was not able to quiet the crowd, however, before adjourning the meeting, they did vote to approve a local referendum on the November ballot.
• Writer/planner obtained a copy of Governor Sundlun's compact, reviewed the text, and later that week forwarded comments to the town council members (For summary of comments, see Figure 5. in Appendix) • The following day writer/planner continued to hold meetings with town Planning Board members. Discussions focused on identifying workable solutions which addressed the tensions, and sense confusion that overshadowed the situation.
• In addition to the strained relationship with elected officials, writer/planner noticed the business atmosphere at the municipal offices, which was generally calm and orderly, had become chaotic and fretful. Many employees were overwhelmed by endless inquiries from residents and attention from local and international media; and preferred the entire ordeal "just end so the town could get back to normal". Writer/planner agreed to suspend further research on the casino project, but could not ignore the many public inquiries received by the planning office. Therefore, a resource file was established at the town ' s free library , to which to refer callers. The Town Council President was informed of this decision and made no objection.

80
September 16: • Opponents of the proposed West Greenwich casino gathered to form an advocacy group: Residents Against Gambling Establishments (RAGE). The group's leader, Ellen Sidbury contacted the planning office to express concern over the "clandestine" manner in which elected town officials handled the gambling casino issue, and said that people did not want to be seen with her or give her their names for fear of reprisals from "higher ups". In addition, she expressed curiosity over the closed door policy that prevailed since the debut of the issue--first the Governor and now locally elected town officials continued to exclude or limit public access to information.

September 21:
• Writer/planner learned of the first meeting to be held between West Greenwich Town Council and Narragansett Tribal Council members, and contacted the town solicitor for specific details.
• Solicitor stated the meeting would be broadcast over the TCI Cable Television network, and the issues to be discussed during the meeting agenda included projected traffic counts and transportation; disruption to the scenic landscape; the handling of water and waste; and future land acquisition policies.
• Writer/planner inquired as to how to respond to similar issues and concerns which continued to be directed to the planning office, and whether or not town officials had considered any options which would include more public participation • Solicitor responded that nothing was accomplished during previous public meetings, and given the complexity of the situation, "only chaos would result from a public 81 process; the telecast meetings should be sufficient; and an local information center was being opened within the next few days".
• Writer/planner expressed enthusiasm and inquired about who the sponsor was Solicitor's reply --the "Narragansett Indians of course".
• Writer/planner asked about who would represent the "other side"; provide technical analysis of the proposal; and respond to concerns expressed by residents?
• Solicitor said all inquiries should be directed to him or the Town Council President.

Electronic Town Meeting Broadcasts
Following are writer/planner's notes of town's first "telecast" meeting: • Indian Tribal spokesperson, Lloyd Wilcox assured the viewing public of the Narragansett 's interest in preserving the forested landscape and the natural environment and stated, "the trees are our grandfathers ... we have tremendous respect for the land of our ancestors ." • Town Council President, expressed concern about the tribe 's intentions for future expansion of Indian holdings beyond the proposed 300 acre site; Wilcox said the proposed acreage should be adequate, and added "if property owners approached them, the Narragansetts would consider any offers." • Tribal Councilman Byron Brown spoke about the pride of the Narragansett Indians and how they have tremendous respect for the natural environment. He added they were pleased with the rural setting in West Greenwich , and would do their best to keep the property clean and treed and; commercial strip development along Victory Highway would not be promoted. 82 • Town Council President encouraged the Tribe to sponsor a public information forum to address the concerns of residents, and stated, "at previous meetings, too many people screamed and hollered so much that we (the Council) could not get anything done".
In subsequent conversations with Town Council President, writer/planner expressed concerns about the problematic nature of their private compact negotiations, as well as the implicit assumptions of meeting formats with TCI Cable telecast: I. When Town Council members elected to participate in compact negotiations, they assumed the gambling casino proposal was officially approved for West Greenwichthe Council acted as though it was a done deal; 2. The Council assumed residents owned and/or had access to television broadcast serviced by TCI cable, and; 3. The Council assumed residents were only interested in a unilateral information di ssemination process, and were satisfied to watch and not participate in the discussions .

Last Weeks of September
• Many municipal employees who worked at the Town Hall during the evening hours complained they were unable to view the meetings; the Town Council President assured a video copy of all meetings would be made available.
• During telephone conversations with writer/planner, the town 's Council members and with reference to its physical, economic, and social growth and development as affecting the health , safety, morals, and general welfare of the people. The stud ies, plans, and reports shall concern but shall not necessarily be limited to the following: ... (e) a plannin g board or commi ssion shall have authority to call upon other departments, boards , and committees of the ci ty or town and upon regional, state, and federal agencies for information and assistance necessary to the performance of its duties and shall cooperate with the city or town , regional , state, and federal agencies on matters of community, regi onal , and state planning and development (Division of Planning, Rhode Island Department of Administration, 1992. Handbook Number 7: 45-22-7).

OCTOBER
Prior to the start of the Planning Board's General Meeting of October 3, 1994, the local television and radio media had set up cameras and microphones in the meeting hall.
• Writer/planner sensed the Planning Board members were restless and agitated. The meeting followed the customary agenda with discussions focused on zoning appeals, site plan reviews and other matters, until the Planning Board Chair called attention to agenda item listed under New Business: 1) Discussion of proposed Narragansett Indian Tribe/Capitol Gaming International casino.
• After a few moments of conversation among themselves, various Board members asked who had approved the agenda item, and why .
• Writer/planner asserted consultation between she and other board members indicated the need to publicly discuss impacts of the proposed gambling casino, and expressed additional concerns that influenced the decision to initiate discussion :

Political Pressure on Professional Judgment
October 4: • The following morning, the council president telephoned the planning office. He expressed anger about telephone calls he had received concerning the casino gambling proposal that was placed on the Planning Board Meeting Agenda. He stated that clearance from him was necessary for future discussion items. Writer/planner inquired about previous policy and advised she had not been challenged on agenda protocol in the past; why now? He replied that planner was to deal with the sand and gravel permitting problem and leave the casino situation to him and the solicitors.
• The local clerk of canvassers informed planning office that voter registration was brisk and more than ten percent of town's 3083 voters had registered over the last few weeks .
• where to find out more about the specifications of the proposed facility . The public 87 information center representatives said they were hired by Capital Gaming International , and were photographic and cultural experts of the Narragansett Indian Tribal Nation. They did not have specific information about the site specifications, only job applications for any resident that wished to apply for a position with the proposed facility .
October 12: • Members of the Narragansett Indian Tribe, along with representatives from Capital Gaming International offered the first public viewing of West Greenwich casino gambling site ; a large group of residents gathered outside to voice their opposition to the casino gambling initiative.
October 13: • An announcement was issued from the town clerk's office: "The West Greenwich

NOVEMBER:
• During the first week, writer/planner continued to train with the new planner; prepared for the next Planning Board meeting; and shared responsibility to respond to telephone inquiries from residents and the media about the West Greenwich gambling casino initiative.
• Writer/planner did not attend the November Planning Board General Meeting due to scheduling conflicts with graduate school.

November 7:
Five communities asked for voter approval to host a gambling casino in their locale: Providence, Pawtucket, Lincoln , Coventry (casino and golf course resort complex) and West Greenwich.
• After West Greenwich Town Council members announced a compact had been made between the Narragansett Indian Tribe and the town, they declared they had done their part to protect the town and would wait for voter outcome.
• The local journalists predicted a real "cliffhanger" on election day.

Introduction
The primary focus of this project is to examine the values for analyzing a set of decisions which led to actions made in response to a controversial community issue. More specifically, this chapter will utilize the theoretical framework discussed in Chapter Two to describe how and why the writer/planner responded to a situation which presented Ethical concern: duties of justice and a participatory decision making process Issue Benefiting: Writer/planner's objective was to stimulate public interest and citizen participation; writer/planner sought out ways to inform the community residents and public at large about the issues and consequences to the town, of the gambling development proposal; writer/planner did this without authority from Council President who disallowed public meetings; however writer/planner continued to provide information kept on file at the public library 3. Ethical concern: determining the role of the planning process in the political system

Role of Planning In Politics
As control was exerted by elected and appointed officials, the results were unpredictable, unexpected, and ultimately very frustrating for writer/planner who was committed to a participatory decision making process. This begs the question: how effective was the planner in this case example? Some theories provide insight.
Elizabeth Howe (1994), writes that a study on ethics cannot avoid the question of  In the final analysis, the outcome of the events in the case example revealed local constituents resolved the controversial issue --despite attempts by elected decision makers to close the decision making process: "Rhode Islanders proclaimed a resounding no to casino gambling anywhere in the state. The West Greenwich Proposal No. 16, on the state ballot, was rejected by 54% of state' s voters, and 64% in West Greenwich" (Providence Journal Bulletin, November 9, 1994).

Influences on Planners Behavior
As shown in the case example, writer/planner intervened in a perceived controversial public policy situation which resulted in professional and ethical concerns. What influences had an impact on the writer/planner' s role, and what key determinants served as stronger than others? Why did writer/planner act as she did? According to Elizabeth Howe (1994), the explanation must deal with factors that influenced writer/planner at several different levels. In one sense, writer/planner acted as she did because of the professional and ethical values explored in Chapter Four. The actions in the case example were also shaped by more immediate influences which included the political system of the town, as well as the writer/planner' s work environment.

Learning On The Job
Ultimately, the role of writer/planner in this case example also required a certain minimum level of idealism and faith that ethical action was possible, expected, and not hopelessly naive. As experienced in the case example, writer/planner agrees with Howe (1994) who writes, that some planners chose roles deliberately; others evolve into them.
The process of choice and evolution through experience is the result of the interaction between the planner' s ethical values and personalities, and the nature of their political and social environment.

Dependent Variables And The Role of Planners
If planners act from the base of ethical principles, committed to an open and fair process, then the outcome of the process should be more responsive and fair to those served.
Different variables make up different people/planners. What kind of variables seem to explain the difference in professional choices among planners? Probably the most central variable is their role (Thomas, 1991 ). This project examined the various factors that motivated writer/planner to behave in the manner as experienced in the case example.
The focus of this study is primarily on what might be thought of as "dependent I variables", that is, the way writer/planner defined ethics, the ethical dilemmas she faced on the job, and how they had been dealt with. The various "independent variables" include the role writer/planner played; the ideas writer/planner had about the public interest; and the organizational factors influencing writer/planner' s behavior. The table below was utilized by Howe (1994), and is adapted here to facilitate the objectives of this study.

Outcomes
Initially writer/planner experienced high quality job satisfaction because the personal values and professional commitments (to the planning process), she held were in agreement with elected and appointed officials. When the casino gambling proposal was introduced, the former process for analyzing public policy was immediately altered.
As experienced in the case example, arguments put forth by other writers (Howe, 1994) are supported by the evidence. For example, while writer/planner experienced little difficulty articulating perfectly acceptable ethical principles which she wished to live by, those san1e principles were difficult to put into practice. Writer/planner felt the controversial nature of the substantive issue (casino compact), should not change the planning process.

Recommendations: Education as a Force for Change
While codes of professional conduct may tend to operate as support for ethical positions rather than as a shaping force, professional education would be a way in which the ethical values of new planners could be shaped. Many basic ethical values seem to be set in childhood, and planning schools can only assume that people come with them, but the application of those principles to planning practice is something that planning school can clarify. Values about the public interest and responsibility to officials might be more clearly shaped, particularly for students who had not given these issues much thought.

Codes For Shaping Action
Overall, education and professional support may well have less influence on ethical values than other factors, such as childhood upbringing or the constraints inherent in a local culture of planning, but these are the levers that are available to an organized profession for trying to deliberately support and shape ethical action (Howe, 1994).

Exchange of Ideas
Further research should be done with professional planners, and in the face of change, should explore the practical problems they face. Accounts by practitioners of how they approach their work are invaluable for fellow practitioners, academics and students of planning who wish to contribute to the discussion of effectively linking theory and practice. There is a positive future for planning if planners recognize openly that planning is a political activity, make their values explicit, and apply them consistently (Crawley in Thomas, 1991

HIGHLIGHT FROM THE COMPACT BETWEEN SUNDLUN AND NARRAGANSETTS
•provided that the Narragansett Indian tribe operates the only gaming facility in the state and provided that is located in West Greenwich (as defined in compact, p.2-3) the tribe will contribute 16.5% of its gross revenues to the state. If however, any other casino begins operation in the state, this percentage will drop to 2%. The state will still be required to maintain all other provisions of the compact (Section l 4(b )(i), (ii), (iii): 66-67) •this is a minimum ten year commitment with the tribe (Section 15(a): 68) • if the compact is approved and the legislature tries to adopt laws to regulate the casino in any way that will cause a loss of profit, any negative impact on the casino's profits will be accounted for and this amount of money will be deducted from the money that is given to the state by the tribe (Section 15(h): 71-72) • if there is any change in the federal tax laws regarding Indian gaming, the tribe will sit down and negotiate the amount of money given to the state to take into account the additional taxes that the tribe must pay. Worst case scenario is state would receive no revenue from gaming casino (Section 19: 74) • the state will pay for the costs of doing background and criminal record checks for those people applying for jobs at the casino who need to be licensed as gaming employee (Section 5(c): 26-27) •if the Jai Alai Front on in Newport closes, the tribe shall be permitted to build their own facility (Section 3(b)(v): 15) •the tribe is entitled to run its own lottery games including telephone betting on them (Section 3(b )(iii): 15) • the tribal law enforcement agency shall have the authority to detain any non-Indian for violations of state law and shall promptly transfer such person to the nearest state police officer or facility for processing (Section 4( d) (

Code of Ethics and Professional Conduct.-
TlllS Code is a guide to the ethical conduct required of members of the American Institute of Cen1fied Planners . The Code also aims at mfonmng the public of the principles to which professional planners arc comm med . Systemauc discussion of the applicauon of these pnnc1ples. among planners and with the public . is itself essential beha vior to bring the Code into daily use . The Code 's standards of behavior provide a basis for adjudicating any charge that a member has acted unethically . However. the Code also provides more than the minimum threshold of enforceable acceptability . It sets aspirational standards that requ1·• consci,ous striving to attain .
The principles of the Code derive both from the general value~ uf society and fro.n the planning profession ·s special responsibility to serve the public interest. As the basic values of society are often in competition with each other. so also do the principles of this Code sometimes compete. For example. the need to provide full public information may compete with the need to respect ·confidences. Plans and programs often result from a balancing among divergent interests . An ethical judgment often also requires a conscientious balancing, based on the facts and context of a particular situation and on the precepts of the entire Code . Formal procedures for filing of complaints. investigation and resolution of alleged violations and the issuance of advisory rulings are part of the Code.
The Planner's Rapoasibilitytodae·PubUc A. A planner's primary obligation is to serve the public interest. While the defuiition of the public interest is formulated through continuous debate, a planner owes allegiance to a conscientiously attained concept of the public interest, which requires these special obligations: I) A lanncr must have special concern for c ong range nsequences o{ present acti1Uft:L. ..---2) A planner must pay special attention to the interrelatedness of decisions. j )'A planner must strive to provide full, clear and accurate information on planning issues to citizens and governmental deci· sion-makcrs . 4) A planner must strive to give citizens the opportunity to have a meaningful im· pact on the development of plans and programs. Participation should be broad enough to include people who lack formal organization or influence. 5) A planner must strive to expand choice and opportunity for all persons. recognizing a special responsibility to plan for the needs of disadvantaged groups and persons . and must urge the alteration of (Adopted October 26,1990) policies, institutions and decisions which oppose such needs .
6) A planner must strive to protect the integrity of the natural enviroruncnt. 7) A planner must strive for excellence of environmental design and endeavor to conserve the heritage of the built environment.
The Plaaacr's Reaponsiblllcy to Clieau aad Employen B. A planner owes diligent. creative, independent and competent performance of worit in pursuit of the client'soremployer's interest. Such pcrfonnance should be con--sistent with the planner'.s. faiihful service to -l.~ public in•-:rest. .

I ) A planner must exercise independent
prpfcssional jud&ment on behalf oi clienu · and employers.
2) A planner must accept &he decisions oi a client or employer concerning the objectives and nature of the professional services to be perfonned unless the course d action to be punued in:volves conduct which is illegal or inconsistent with the planner"s primary obligation~ public interest.
3) A planner must not, without the con-·sent of the client or employer, and only after full disclosure, accept or continue to pcrfonn wort if there is an actual, apparent, or rusonably foreseeable conflict between the interests oi 1be client or employer and the personal or fmancial interest d the planner or of another past or present client or employer of the planner. . ~ 4) A planner must not solicit prospective clients or empl9yment through use of false or misleading claims, harassment or dare" . 5) A planner must not sell or offer to sell an ice~ i,,y S"wtinj or imr! ying 1. "! ebiHty ta ildluence decisions by imprqpcr means. 6) A planner must nc>t use the power d any oft"r.c:e to seek or obtain a special advantqe that is not in the public interest nor any special advantage that is not a matter oi public knowledge. 7) A planner must not accept or continue to perfonn work beyond the planner's professional competence or accept wort which cannot be perfonned with the promptness required by the prospective client or employer, or which is required by the circwnstances Of the a.ssipunent.

8)
A planner must no< reveal information pined in a pro(essional relationship which the client or employer has requested be held inviolate. Exceptions to this requirement of non-<liscl0&ure may be made only when (a) required by process d law, or (b) required to prevent a clear violation d law, or ( c ) required to prevent a substantial injury to the public: . Disclosure pursuant to (b) and (c) must not be made until after the planner has verified the facts and issues involved and, when practicable, has exhausted efforts to ob<ain reconsideration of the matter and has sought separate opinions on the issue from other qualified profcs· sionals employed by the client or employer.
The Plaaaer'1 Rnpoa1lblllcy to die Proreuloa and to Collcqucs C. A planner should contribute to the development of the profession by improving knowledge and techniques, making work relevant to solutions of community problems, and increasing public undcrswiding cl planninJ acrjvities . A plrnncr should CRat fairly the professional vit:ws of qualified colleagues and members of other professions. .. I) A planner must protccc and enhance the integrity of the profession and must be responsible in criticism of the profession .
2) A planner must accurately represent the qualifications. views .and findings of colleagues.

4)
A planner must share the results of experience and research which contribute to the body of plannin& knowledge .
S) A planner must examine the applicability of planning theories. methods and standards to the facts and analysis of each particular situation and must not accept the applicability of a customary soluiion without first establishing its appropriateness to the situation .
6) A planner must contribute time and infonnuion to the professional development of students. interns. beginning professionals and other colleagues . 7) A planner must strive to increase the opponun.ities for women and members of recocnized minorities to become pr0f~s sional planners. 8) A planner •hall not comait &11 act of aeX11al barunient.
TH Plaaner's Selr-Rcspoa1ibilicy D. A planner should strive for high standards of professional integrity. proficiency and knowledge .
I) A planner must nol commit a del iberately wrongful act which reflects adversely on the planner 's professional fitness .
2) A planner must respect the rights oi others and . in particular. must not improperly discriminate against persons .
1Cont1nued l _, The U.S. Equal Employment Opportunity Commission defines sexual harassment as: "Unwelcome sexual advances, requests for sexual favors , and other verbal or physical conduc1 of a sexual nature constitute sexual harassment when: I) Submission to such conduct is made either explicitly or implicitly a term or condmon of an individual 's employment; 2) Submissi on to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 3) Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment." Two of the general principles in the Code are applicable to specific instances of harassment: Principle D (I) of the Code says that a plarmer must not commit a deliberately wrongful act which reflects adversely on the planner's profes-· sional fitness; and Principle D 12) of the Code says that a planner must respect the rights of others and, in panicular, must n0t improperly discriminate against persons. Unlawful sexual harassment as defined by the EEOC is a deliberately wrongful act.
Respecting the rights of others, under the Code, requires a standard of behavior higher than that defined as coercive or intimidating by EEOC. Conduct that may not have illegal effect may nevenheless be harassment. Joking or bantering about sexual subjects, comments suggesting sexual attractiveness, and comments disparaging women or men or their abilities generally may constitute petty harassment. If any such behavior is found offensive, offended persons should so say. The offensive behavior becomes harassment if continued after the offender is notified.
Negligence or omission on the part of an employer who is dismissive of a complaint of ~harassment, and encourages the complainant to be tolerant of the offense is itself a form of harassment So 1s a deliberately false accusation of sexual harassment.
Harassment is decidedly distinct from behavior occasioned when a genuinely mutual affecti on springs up between co-workers. ( (3 ): "A planner must not, without the consent of the client or employer, and only after full disclosure, accept or continue to perform work if there is an actual, apparent, or .reasonably foreseeable conflict between the interests of the client or employer and the personal or financial interest of the plarmcr or of another past or present client or employer of the planner." Conflicts of interest are reasonably foreseeable when a planner attempts to serve a real estate development client while also serving a public agency that may have a role in reviewing or approving projects of that client.
Inquiries from planners who contemplate combining activity in the real estate business with public planning work have fallen int0 a pattern as have the responses: Real estate is a popular investment, and planners, knowing a lot about it, arc attracted tO it.
"I have an opportunity to invest in a small development, but the proposal will come before my agency for approval. What do you advise1 " Don't do it. There are Other investment opportunities.
"What if it 's put in my wife 's name?" Your wife's financial interest is your financial interest and yours is hers.
"But, when it comes before us, I will exclude myself from the decision, and only other staff members will recommend on the proposal. I won't take part at all." Your colleagues work with you, know that your interests are involved, and can't eliminate the influence of your relationship with them, even if unexpressed.
"My influence really can be a positive one on the developer. I know what would be good for the public and can work for a good design." That's what your agency is there for, and that's why it has the power to review and approve.
"But what if I disclose everything t0 the director, and he gives his consent .. .1" He shouldn't. I cenainly would advise him not to. 1776 Massachusetts Ave. NW Washington , DC 20036 "I will work for a broker in a neighborin g 1unsd1ction across the state hnc . He doesn 't have a license in that state." No, but some of his colleagues do. And some of the dcc1 s10ns affecting the broker's business arc regional decisions mvolving both jurisdictions.
A code of ethics should nm be a wha1-can -lget-away-with code . It should nm be tortured into loopholes and technicalities that would allow a person to be formally correct while ethically wrong. The AICP Code looks for "more than the minimum threshold of enforceable acceptability. It sets aspirational standards that require conscious striving to attain ." Developers can benefit from professional planning services al)d are just as entitled to fully conscienti ous advocacy of their interests as a public planning agency. A conflict of interest is inherent, however, in any assumption of both roles simultaneously.
There may also be a conflict when the roles overlap. A planner may move from employment by a public agency to employment by a private client. A conflict arises as soon as discussion is initiated for such a move. The public employer must, therefore, be notified promptly that such discussion has taken place whether or not it matures in a change of employment. This is decidedly earlier notice than is normal for a job change and it is notice of a change that may not take place. It is necessary, however, to guard against the substa~tial conflicts that would occur if a planner is. in a position to influence the resolution of certain issues in public empl oy that will later affect the interests of a new, private employer.
Private planners and consultants who undertake work for a public agency, or change employment from private to public, must disclose any conflicts or potential conflicts t0 the public agency employer. (May 1988) Advisory Ruling No. 3: Outside Employment or Moonlighting A plarmer's responsibility to an employer places significant restraints on accepting work for employers outside of the full-time commitments t0 the primary employer. A full-time member of a planning agency staff owes loyalty, energy and powers of mind primarily to its service.
The Principles in the Code that concern conflict of interest IB(3)] and using an office to seek special advantage IBl6)] must especially be applied.
-continued Phone 202.8 72 .0611 A planning staff member must take no employment outside of official duties unless such employment creates oo conflict with those duties either in the interests to be served or in competition for time and energy. If the planner decides that there will be no such conflicts, then outside employment must, in addition, receive the explicit approval of the employer.
No outside employment must be undcnaken if its performance will reduce the quality or dispatch with wluch the staff member executes pnmary responsibilities. The number of hours and the scheduled times devoted to outside employment must not interrupt or interfere with the time that the primary responsibilities demand.
Outside employment must never deal with any matter that may require an action or recommendation by the primary employing agency. Neither must employment be taken with any person or organization that does business with any agency of the primary employer.
Public property must not be used for an y private purpose including work that is performed for other employers.
Principle B 17) says that "A planner must not accept ... work beyond the planner's proicss10nal competence or accept work which cannot be performed with the promptness reqmred .. . . Since the schedules, deadlines, priorities and unanticipated time demands of the primary employer must always take precedence, the volume of outside work must necessarily be small and an outside employer must be informed that prompt execution will not necessarily be satisfied.
Both the planner requesting, and the authonty giving, approval for outside employment should consider the main justification for approval is a demand for whatever special professional knowledge and experience the planner has that is not .. . . ~ .. . . . , otherwise readily available. Service as a teacher or instructor is outside employment that is most justifiable and an unspecialized, general consulting practice least justifiable. (May 1988) Advisory Ruling No. 4: Honesty in the Use of Information As professional givers of advice-advice that may affect the well-being of communities and individuals for many years-we have a special obligation to cherish honesty in the information that supports our advice.
Yet, many daily pressures do battle against honesty. We are pressed to be effective advocates for a community, a private client, an elected administration or a .cause. A political agenda is often formed before dispassionate study; those who have campaigned for it then look with passion for studies to support it. Decision-makers may demand a greater degree of certainty, or impose more rigorous criteria for decision, than the capability of analysis or sufficiency of data can satisfy.
The Code of Ethics and Professional Conduct is filled with prescriptions for honesty: A-3) "provide full, clear and accurate information on planning issues to citizens and governmental decision-makers." B-3) "only after full disclosure" (on conflicts of interest)." B-4) "must not ... through use of false or misleading claims." B-7) " must not accept ... work beyond the planner's professional competence." C-1) "must protect and enhance the integrity of the profession." C-2) "must accurately represent the qualifications, views and findings of colleagues." 0 -41 " must accurately represent !one's own ! professional qualifications, education and affiliations ." In some situations, planners must not provide full information . Planners frequently have the role of negotiators whose effectiveness depends on not disclosing final positions that are acceptable. And, as the Code points out, " the need to provide full public information may compete with the need to respect confidences." Information that is disclosed in such circumstances must, however, be honest and accurate.
It is pan of professional conduct to communicate our ethical standards to clients, employers and the public. Communicating them early, before they need to be applied to a specific controversy, may ease pressures to abuse them .
There should be no need to explain what the code requires as full, clear and accurate information. Half-truths, deceptions and undocumented assertions don 't pass. A hall-truth is a whole lie. Don't cook the numbers.
There is also a positive dut y on behalf of ethical treatment of information. In reponing the results of studies, planners must follow the scholar's rule of making it possible for others to follow in our footsteps and check our work. Document the sources of data. Repon the statistical procedures used, what was done to bring the raw data into the form that is reported. What assumptions were made at different stages in the study?
Public decision-makers must often leap beyond the cautions and reservations of a careful study to achieve political solutions. Planners must take pains that our studies and recommendations are not wrongly interpreted, and that a clear distinction is made between factual findings and policy decisions. (March 1991)