3. Integrity is about both the letter and the spirit of the law
Since SPs can stumble over a single detail of the law, they need to know exactly what is required. If SPs care about the rules, then they understand the spirit behind them, otherwise integrity becomes mechanical and minimalist. Rules are limited by definition. However, this does not mean that SPs can put their own spirit into their interpretation of the law.
As discussed in the previous chapter, integrity demands knowledge of the rules that apply to the position. This entails that anyone wanting to fulfill that position must know what the rules say in literal terms and what they mean. It is important to have an eye for the details, as these may conceal the essence and the risks. There is a reason why they say, “The devil is in the detail.” An SP can run into integrity issues over a single detail. For example, whether the cost of a dinner can be declared may depend on the time of day, purpose of the dinner, cost, and location. SPs may get into trouble simply by failing to comply with the rules on one of these points, for instance by declaring the tip when the rules do not allow it, if spoken permission has been granted when written permission was required, or if the receipt is handed in when the check itself was required. It is therefore important to view the rules through the lens of a lawyer. What do they really say, what are the details, and what is in the small print?
In striving for integrity, knowing the details of the rules is a good start, but it is far from sufficient. If you only take into account the letter of the law, this quickly becomes mechanical and minimalist, ignoring the fact that rules are limited and integrity goes further, thereby missing a significant part of integrity. How does this work?
Rules set down on paper are by definition limited, not only in their meaning but also in their range. After all, it is impossible to capture all desirable and undesirable behavior in rules and set them down on paper. Even if such a description were possible, it would be so extensive that it would be impenetrable and unworkable for the users. Even detailed rules always demand interpretation by users to apply them to their own behavior in practice. SPs are not computers that can be programmed by rules and then automatically do the right thing. Finally rules are limited because they often lag behind developments in practice: after all, it takes time to draw up and introduce new rules as things change.
Since rules are limited, it is a problem when SPs limit integrity to the rules, thinking that as long as they comply they are behaving with integrity.22 A councilor was rebuked when he accepted a gift for less than €50. The sum may have been permitted by the code of conduct, but it was felt that the councilor should have known better than to accept a gift the day before making a decision on a big tender for which the giver was a candidate. Similarly a councilor in spatial planning was dismissed when it emerged that he had properly complied with the rules in declaring his other jobs to the mayor but omitted to mention a close private friendship with the biggest project developer in the municipality and regular free use of his vacation home.
When it comes to integrity the spirit of the rules is as important as the letter. If you really care about rules and the job, you will pay attention to their spirit,23 the question of deeper meaning, underlying purpose, and intended application. The spirit brings the rules to life. By paying attention to the spirit of the rules you show that you understand them and have absorbed them. More than that, it shows that you intend to comply and by extension to serve the interests they are designed to protect. It shows that you not only understand the rules but also put them into practice. This is the reason why it is often claimed that integrity begins where the rules and regulations stop.
The spirit of a rule can be ascertained by considering its function. What did the initiators, founders, and drafters have in mind, what is the rule intended to achieve, what interests and principles lie at its foundation, who is served by it? For this reason, Obama often mentions the Founding Fathers, as in his first inaugural address, where he said, “Our Founding Fathers, faced with perils that we can scarcely imagine, drafted a charter to assure the rule of law and the rights of man – a charter expanded by the blood of generations. Those ideals still light the world, and we will not give them up for expedience’s sake.”24
A warning is in order here. When focusing on the spirit of the rules some people fall into the trap of focusing too much