Ethics
Today Online
Volume
1, Issue 3, November 2002
This newsletter
is published by the Ethics Resource Center.
Visit us online at .
**A
Word from the President
The New Reality of the Global
Village
The unprecedented growth of the global
economy and its commensurate problems are part of our current crises
as well as our economic future. As I write this essay, I am in Dubai
overlooking the Persian Gulf. My hotel is an architectural masterpiece,
surrounded by so many magnificent modern buildings that it feels
as if I'm in the land of Oz. The hotel is filled with tourists and
business people from throughout the world. It is a place few Americans
have heard of, however, and if asked to find it on a map they would
probably put it in central China or the tip of South America. Yet
this is the face of a global marketplace that will have a profound
impact on the American economy and on the future of our children.
My visit here has two purposes.
First, I will be participating in the
Dubai Strategic Business Forum (see below), a gathering of Global
business leaders to discuss the challenges confronting the future
of business in the region. One of the major issues is business ethics;
both in the way multi-national firms conduct their affairs and in
the obligation of regional companies to transact business openly
with values that comport to the global business community.
Second, I am here to sign a document
that will officially transfer the administration of our Ethics Center,
the Gulf Center for Excellence in Ethics (GCEE), to officials in
Dubai. Through the able leadership of Director Alex Zalami and with
the support of Merck & Co., Inc., the GCEE has been the focal
point for major efforts in developing ethics and integrity in the
gulf region. The design for our international centers has always
been to transfer independent responsibility to regional groups as
soon as the center became viable. ERC will continue to have a strong
relationship with the new leadership team and will remain a member
of the board of directors. The new leadership will be trained at
ERC in November and will help us lead a pan-Arab ethics development
program this spring in Dubai, Amman, Beirut, Cairo and Casablanca.
This trip enhanced the impression I
took away from a meeting last month of the International Institute
of Public Ethics in Brisbane, Australia. The theme of that conference
was building bridges between the ethical demands of the public and
private sectors. I was privileged to give a keynote address on the
essential integrity interfaces between the private and public sector.
I was also greatly honored to be elected to the Board of Directors
of the IIPE. In subsequent talks with the Key Centre on Ethics,
Law and Justice in Brisbane, the ERC agreed to be a partner in exploring
the creation of at least two ethics centers in Southeast Asia. This
simply underscored our common agreement on the need for exploring
global ethics.
These experiences reinforced my belief
that the United States cannot afford to be introspective on ethics.
We must understand the importance of ethics and high integrity in
both business and government within the context of the global marketplace.
Enron, Worldcom and Tyco should not be viewed as only American problems
but rather as a worldwide concern. This is true if for no other
reason than that large shares of the American economy depend on
global investment for capital and growth. Americans must understand
that what we do domestically has global reverberations. As such,
our global responsibility includes articulating high business and
government standards not only in the U.S., but as an aspiration
of shared ethical expectations throughout the ever shrinking global
village.
Stuart C. Gilman, President
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
**
A Global Look at Public and Private Sector Ethics
In early October, Stuart Gilman, ERC
President, and Stephen Potts, Esq., ERC Fellows Program Chair, made
presentations at the International Institute for Public Ethics (IIPE)
Biennial Conference in Brisbane, Australia, "Restructuring
"the Public Interest" in a Globalising World: Business,
the Professions and the Public Sector."
Stuart was a keynote speaker for the
Ethics, Auditing and Compliance section. In his presentation entitled
"The Ethics Interface Between Government and Business: The
Janus Face of Anti-corruption and Prevention Efforts", he noted
that ethics and ethics programs have attained legitimacy in the
last decade, but some are uneven and inadequate and others are ineffective
and dangerous. As he traced the historical development of government
ethics programs and corporate ethics programs, he also pointed out
some places where programs have taken divergent paths, some becoming
compliance based systems, others relying on values and a third corporate
model attempting to guide behavior and prevent misconduct. He made
note of several areas of disconnect in both the government programs
(including the "reinventing government" movement, contractors,
and clashes of values) and private sector programs (corporate ethical
behavior in face of government corruption and corporate behavior
in the face of government ineffectiveness)
Stuart concluded with the following
key points:
- There is no perfect model
- Less public-private cooperation
leads to increased risk
- More discrepancies in values leads
to more latitude for corruption
- Bad policy makes programs ineffective
- No policy makes them dangerous
Steve Potts' presentations included
a description of U.S. government ethics education at the Public
and Corporate Ethics session and a description of the ERC Fellows
Program for a panel on Private Sector Anti-corruption Initiatives.
He also chaired the keynote session on Global Attempts to Prevent
Corruption and made a presentation on private sector anti-corruption
efforts. As these programs were well attended, the delegates engaged
in lively discussions.
For more information about the IIPE
Conference, visit:
http://www.iipe.org/conference2002
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
**Dubai
Strategy Forum: New Requirements for Corporate Governance
Stuart Gilman chaired a session on
"Corporate Governance: Meeting the New Requirements" at
the Dubai Strategy Forum on October 29. Willem Brocker, Managing
Partner, Global Markets, PricewaterhouseCoopers, Netherlands and
Khalid Al Molhem, President, Saudi Telecom, Kingdom of Saudi Arabia,
were panelists.
The issues covered included an overview
and discussion of the new requirements and expectations on corporate
governance, in view of the changes in the global economy, the shift
of power from management to shareholders, the intricacies and complexities
of global financial engineering, the new dimensions of risk, and
the unrelenting pressure for more transparency and accountability.
Panelists also spoke about how corporations can meet these new requirements
and expectations in terms of corporate culture and mindset, the
role of the Board, the relationship between Management Board and
shareholders.
Stuart opened the session by drawing
on his own experience in the field of ethics, declaring that "the
starting point for all businesses must be values." Noting that
Enron twice voted to override its own code of conduct, he contended
that recent business failures in the US did not result from financial
crises at the corporate level but rather from a crisis of integrity.
Read a summary of the session at:
http://www.dubaistrategy.com/program(b4).htm
Read more about the Dubai Strategy
Forum at:
http://www.dubaistrategy.com
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
**
The U.S. Business Scandals: Perspectives on Ethics and Culture at
Home and Abroad
In this article, Frank Vogl, President
of Vogl Communications and a member of the ERC Board of Directors,
takes a long look at U.S. corporate corruption at home and abroad.
According to Mr. Vogl, the essay "is
a call by an American to American business to maximize efforts to
pursue uniformly high ethical standards in all its dealings and
to adopt new approaches, at home and abroad, that ensure that CEOs
operate on the ethical high ground. It is an essay driven by concern
over the extent of corporate corruption and by the failure, so far,
by many U.S. business people to recognize the global implications
of these scandals. This essay aims to stimulate thinking about future
reforms that assist in restoring domestic and foreign respect for
corporate America.
"This essay is born of the twin
convictions that, at this time of global insecurity, the United
States needs friends across the globe and that its status and the
respect it enjoys is influenced by the ways in which U.S. multinational
corporations are perceived. The concern abroad about the impact
of the U.S. scandals has economic dimensions, with the undermining
of the nation's economic health and its financial markets negatively
infecting all other economies and markets. Moreover, numerous U.S.
corporations are global leviathans whose fortunes influence the
fates of nations. Damage to the fabric of U.S. business ricochets
across the globe and hits all economies, and the prospects for the
people who live in those economies."
Get a printable version of this essay
at:
/resources/article_detail.cfm?ID=733
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
**
Ask the Expert: Bribery vs. Facilitation
Our Ask the Expert question for this
month is actually two related questions. First: is bribery a legal
method to get business done? Second: can one distinguish between
bribery and a "facilitation payment"?
Program Development Manager Jerry Brown
answers these questions at:
/ask_e2.html
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
**
Latin American Ethics Game Project Update
Cherie Raven, acting director of international
programs and Katie Sutliff, associate consultant (character education)
traveled to Mexico in October to discuss progress on the development
of an ethics game for 12-15 year old Latin American students. Also
attending the meeting were Nieves Tapia of Argentina, Nuria Gomez
of Mexico, Javier Marin of Mexico (representing Merck, Sharpe &
Dohm - Mexico), Alma Balcázar of Colombia (representing Transparencia
por Colombia) and Hernan Escobeda of Colombia (consultant to Transparencia).
Participants reviewed the findings from focus groups, surveys, interviews
and meetings held to determine the feasibility of developing the
game, considered game design and implementation strategies, defined
learning goals and game objectives, and discussed implementation
partners and strategies.
Funded by Merck & Co., Inc., the
Latin American game project represents a novel effort to use a game
to teach ethics. It will likely combine extended role play and simulations,
individual and team activities, and curricular elements as well
as at-home and possibly online aspects (depending on the country).
The developers envision that the game would actually play out over
several weeks or months, could be added to by the students, and
would be self-perpetuating. One feature of particular interest is
the ability to change a player's role during the course of the game,
which would enable him or her to see things from a different perspective.
The group will also be creating teacher training seminars and is
considering including parts to the game that could be played by
families.
A final report from the meeting is
being written to wrap up this phase of the multi-phase project.
In addition to continuing progress on the topics discussed at the
meeting, the team will be seeking funds to execute the recommendations
of this phase and to design a game development and implementation
project plan.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
**
Rosa Inés Ospina of Colombian Center Elected TI Vice Chair
Rosa Inés Ospina, co-founder
and executive director of Transparencia por Colombia (TPC) has been
elected Vice Chair of Transparency International. TPC is the organization
that resulted from combining Transparencia International's national
chapter and ERC's ethics center in Colombia. Rosa Inés Ospina
holds a degree in Applied Social Work from the Universidad Externado
de Colombia and worked as a college and university professor. During
her professional career she has worked as an advisor to various
public institutions on issues like rural and social development,
gender and institutional development. The founders of Transparency
International won the ERC Fellows Program's Stanley C. Pace Ethics
and Leadership Award in 2000.
Read about the ERC's work in Colombia
at:
/i_colombia.html
Read about Transparencia por Colombia
at:
http://www.transparenciacolombia.org.co
Read about Transparency International
at:
http://www.transparency.org
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
**Opinion
Poll: CEO & Chairman of the Board
Given the recent discussions about
the independence of company boards of directors, do you think it
appropriate for the same person to hold the positions of Chairman
of the Board and Chief Executive Officer for the same corporation?
Take our poll at: /cfpoll.cfm
We're interested in hearing your thoughts
on this issue. To comment further on topic of this poll, please
e-mail your comments to ethicstodayonline@ethics.org and reference
the CEO poll in the subject line.
Last Month's Poll: 60% of those responding
to last month's poll felt that September 11 and the war on terrorism
was the current event which would have the greatest impact on the
values of our next generation. 20% voted for Enron and other corporate
scandals, 12% for the global debate about Iraq and 8% for the Israeli
Palestinian conflict.
See the results of last month's poll
at:
/cfpollresults.cfm?QuestionID=15
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
**
SEC Proposes Rules Implementing Sarbanes-Oxley Act
The Securities and Exchange Commission
voted October 16 today to propose rules implementing provisions
of the Sarbanes-Oxley Act. The proposed rules concerning Sections
404, 406 and 407 of the Act would require public companies to disclose
information about internal control reports, company codes of ethics
and audit committee financial experts. Proposed rule changes dealing
with provisions of Section 303 would prohibit actions designed to
improperly influence auditors. The Commission also took actions
relating to the process for registration as a national securities
exchange for the sole purpose of trading securities futures.
Read the rest of this SEC press release
at:
http://www.sec.gov/news/press/2002-150.htm
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
**CEO
Roundtable: New Rules for Corporate Conduct
On the day that the NYSE approved new
rules on corporate governance for listed companies, Susie Gharib,
Co-Anchor, "Nightly Business Report", posed the question
"Can CEOs restore investor confidence?" to NYSE Chairman
and CEO Dick Grasso, Merrill Lynch & Co. Inc. (MER) Chairman
and CEO David Komansky, Pfizer Inc. (PFE) Chairman and CEO Henry
McKinnell and Fannie Mae (FNM) Chairman and CEO Franklin Raines.
NYSE Magazine published excerpts from this wide-ranging interview.
Read the article at:
http://www.nyse.com/presshome.html?query=/press/publications.html
(click on CEO Roundtable under the NYSE magazine logo)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
**
Media Coverage and Publications
-- Lee WanVeer, Director of Advisory
Services, and Frank Navran, Principal Consultant, presented in a
town hall setting to the Regulatory Affairs Professionals Society
(RAPS) Convention in Washington, DC, on October 8
The ERC has been gathering information
from RAPS members about developing a code of ethics for the RA profession
through interviews and other means to discover their level of need
and interest. At the conference, Frank Navran shared the results
of that survey with the members of the RAPS, who also had an opportunity
to comment and ask questions on the concept and process of building
a code. Regulatory affairs is an emerging profession with continuing
education and a certification program, he told them, and "the
next logical step might be a code."
An aspirational code, he said, which
articulates and illustrates the core values, principles and standards
of conduct of the profession, "could be a good place to start"
while the organization grapples with some of the thorny issues of
enforceable codes such as the complaint and adjudication processes
and sanctions.
Speaking on "The Ethical Climate
of Business Today," Lee WanVeer touched on the recent business
scandals and discussed the fundamental issues surrounding them,
including trust, accountability, independence, responsibility and
the foundation of free enterprise. He also noted that issues such
as greed, security, recognition, arrogance and pressure helped to
cause the scandals by fueling unethical conduct in a market boom
time. The findings of the National Business Ethics Survey 2000 show
how misconduct by top management and fear of retaliation can lead
to perceived pressure on employees to compromise their standards.
Although there are a number of current
and proposed solutions, including prosecution, legislation and self-regulation,
rules are not enough - the underlying social and corporate values
must be clarified and supported. Codes of conduct can build a bridge
between organization aims and rules that govern behavior by expressing
values and expectations to satisfy stakeholders. As ethics codes
also have business values, such as reducing risk, and increasing
reputation and results, they can help us to reach the ultimate goal
of creating and maintaining a culture where individuals and organizations
can succeed using ethical business practices.
For more about these presentations
or the RAPS convention:
http://www.raps.org/2002ac/article.cfm?article_ID=82
-- Managing Director Pat Harned and
Fellows Chairman Steve Potts represented the ERC at the annual Ethics
Officer Association meeting in Boston in mid-October. Steve Potts
and Pat Rodgers, Chief Compliance Officer, U.S. Olympic Committee
and former Chair of the Ethics Officer Association, conducted a
session entitled "Restructuring Ethics Programs to Prevent
Self-Governance Failures." Two principle recommendations were
that ethics and compliance officers should have interactions with
and reporting relationships to the Board of Directors and that they
should not be able to be fired by the CEO acting alone.
-- Lee Wan Veer, Director of Advisory
Services, participated in a virtual media event "How HR and
Training Impact Corporate Responsibility" which was webcast
by American Society for Training & Development (ASTD) and the
Society for Human Resource Management (SHRM) on October 29. His
presentation "The Good, Bad and the Ugly: How corporations
foster ethical business practices" discussed how HR and training
practices have contributed to ethical and unethical work climates
in organizations, common factors of ethical organizations, and the
impact of the Sarbanes-Oxley Act on future practices.
Other participants included Rita Bailey,
Former Director of the University for People, Southwest Airlines,
and Judy Streeter, PHR, Senior Vice President of Human Resources
for North American Lodging Operations of Marriott International,
Inc. The webcast eventually will be posted in SHRM's archives.
-- Joshua Joseph, Research Manager,
and Stuart Gilman, ERC President, were quoted extensively in Human
Resources 21, September 19, 2002, in an article entitled "Ethics:
It's not just a big company problem". Much of the interview
was based on the findings of the ERC's 2000 National Business Ethics
Survey. Josh and Stuart offer four guidelines for small and mid-size
companies:
- Draft a code of conduct
- Brief new hires on ethics
- Protect accuser and accused during
investigations
- Walk the talk - "In the absence
of formal training and an ethics office, modeling by senior management
may be the single most important factor in encouraging workers
to report misconduct."
-- Frank Navran, principal consultant
for the ERC, was interviewed by the Atlanta Business Chronicle for
an article about the Atlanta Regional Commission's proposed ethics
reforms. The ethics committee is considering changes that would
significantly tighten the agency's disclosure and conflict-of-interest
policy. In the article, Frank said that the ARC ethics committee's
proposals are generally consistent with typical regulations, but
cautioned that definitions of "interests" and "remote
interests" should be taken as basic guidelines, rather than
concrete rules.
Read the full story at:
http://atlanta.bizjournals.com/atlanta/stories/2002/10/07/story7.html
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
**
News from the ERC
-- Ingrid Matuszewski, ERC consultant,
recently met with a delegation of 20 Japanese visitors who were
on a U.S. study tour sponsored by the Kyushu Regional Productivity
Center (KRPC). The KRPC is involved in a variety of activities related
to improving the productivity of corporations in Kyushu, including
assistance in management development and guidance and personnel
development. The delegation leaders were Mr. Hirohiko Yamashita,
Chairman of Nishi-Nippon Railroad Co., Ltd. and Mr. Naonori Tsuchiya,
President, Seiko Electric Co., Ltd. Directors from other leading
Japanese corporations were also present. Ingrid spoke with the group
about the history of business ethics, business ethics programs and
practices in the U.S., and recent changes that affect businesses
following recent corporate scandals.
-- Ingrid also met and discussed business
and media ethics with Mr. He Li of China who was visiting the U.S.
under the auspices of the State Department's International Visitor
Program. Mr. He is Editor-in-Chief of the Economic Observer, a weekly
business magazine that began in 2000. The Economic Observer has
both private and public investors and is the newspaper of choice
for over 150,000 economic decision-makers at all levels in China.
-- Tarek DeLavallade attended the Character
Education Partnership conference in Atlanta in mid-October where
Eleanor Roosevelt High School in Greenbelt, MD, one of the original
subscribers to MAXIMize the Moment last fall, won the National School
of Character Award.
-- In November, Tarek will be speaking
at a Senior Ethics Day for 300 students from Seneca Valley High
School in Maryland. In an effort to bridge the gap from school to
work, he will be presenting and discussing case studies in business
ethics with the students.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
**
Offering Our Thanks
As a nonprofit organization, the Ethics
Resource Center depends on contributions from many generous donors.
Without their dedication and trust, many of the programs and projects
highlighted in this newsletter would not be possible. We invite
you to join our loyal contributors in lending your support. To find
out how to contribute or to donate online, go to:
/support_how.html
Federal Employees: Please consider
making a donation to the ERC through the Combined Federal Campaign.
The fall drive is currently underway and ends December 15th. The
ERC's CFC # is 2456. Contributions are earmarked for ERC's character
education programs, including MAXIMize the Moment, which assists
schools in their efforts to bring character education to thousands
of young people nationally and internationally by creating an environment
in which values such as honesty, integrity, respect and responsibility
are discussed, exemplified and nurtured. A donation of only $99
will provide one school with these relevant and timely character
education resources for an entire year.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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2002 Ethics Resource Center. All rights reserved.
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