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Ethics Today Online

   Published by the Ethics Resource Center 
   March 10
, 2006   Volume 4, Issue 3


**A Word from the President: Looking Ahead to 2006

While the news headlines focus on courtroom discussions about corporate malfeasance of the past, the close of the first quarter of 2006 gives ERC indications of hope for the future of organizational ethics.

Enron CFO Andrew Fastow testified on March 7 that he "thought he was being a hero for Enron" as he helped create false deals to meet earnings targets, and skimmed millions off the top for himself. Yet we know that nowhere has the outcry about Enron-like behavior been louder than it has in Corporate America. Well-meaning principle-based leaders have, in the wake of Enron, made strides in tending to their own organizations. Now, as the Enron situation is revisited in the courtroom, at the ERC we've had unprecedented requests from organizations for help in learning more about their organizational culture, and the impact of their leadership on the ethics of the organization. Our research through the 2005 National Business Ethics Survey (NBES) indicated that leaders have a tremendous impact on their organizations, especially when it comes to influencing outcomes, such as levels of misconduct, and willingness of employees to report. What are the specific factors of leadership that contribute to such outcomes? How have all these measures by business influenced public trust? We anticipate that our ongoing research will continue to provide some answers as to the trends in these and other questions.

The Washington Post described Enron as "a fundamentally self-destructive institution, a house of cards where human error and a culture of ambition, secrecy and greed made collapse inevitable." How does an organization reach that point? We have been encouraged by increased demand for findings about organizations and structures from sound research. The ERC Fellows Program continues to be responsive to that need in the industry by actively engaging in and publishing the results of research on issues of concern to those in the business ethics field. Recently, a Fellows working group reviewed what best practices companies were using in the area of ethics and compliance when their company was considering a new acquisition. That work resulted in a Mergers & Acquisitions Template that is available for download from the ERC website. The group also continues their twice-yearly meetings to identify new issues for inquiry, and to report out on research projects they've completed. In this issue of Ethics Today we highlight one example by including a presentation made at the January Fellows meeting by Marshall Schminke, a new academic Fellow, on the importance of organizational structure to perceptions of procedural justice in ethics matters.

Finally, as we witness scandals rising in other sectors of government and education, we are starting to hear the public talk about the next generation--how are we preparing our next generation to learn from our mistakes? At ERC we have hope for the future as evidenced by youth in our Student Fellows Program, which held its executive meeting in January and recently announced the winner of the second annual Student Leadership in Ethics Award. The students involved in our student ethics office programs are indeed bright new stars in the field of organizational ethics.

Patricia J. Harned, Ph.D.
President

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** ERC Fellows Meet to Discuss Evolving Business Ethics Issues

The ERC Fellows gathered in Washington DC from January 25-27 to consider several topics of current interest to business ethics practitioners Paul Fiorelli, Xavier University, facilitated a panel of corporate representatives on the topic of "Board Training -- What Works and What Doesn't" and Joan McKown, Securities and Exchange Commission discussed "Required Actions by SEC for Effective Ethics and Compliance Programs". In addition, new Academic Invited Fellow Marshall Schminke, from the University of Central Florida, presented on the topic of "Organizational Structure, Justice Perceptions and Ethics."

The Fellows heard updates from several of their active working groups, which cover these nine topics:

  • Measurement
  • Incorporating Ethics into Business School Curricula
  • Benchmarking Global Best Practices - Conflict of Interest / Corruption / FCPA
  • Ethics Officer Definition/Qualifications
  • Why and How Employees Report
  • Incentives that Foster Ethical Conduct
  • Ethics Training for Boards and Senior Management
  • Risk Assessment
  • Procedural Justice

Read more about each working group at:
http://www.ethics.org/fellows/workinggroups.html

The Fellows Program is made up of 69 representatives from 36 member companies, including 54 corporate representatives, 10 academic invited Fellows, 2 non-profit representatives and 3 government liaisons.

Read more about the ERC Fellows Program at:
http://www.ethics.org/fellows

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** Focus on Procedural Fairness

According to Dr. Marshall Schminke, "To understand ethics and justice, we need to understand how structure influences them."

Dr. Schminke is a professor of management at the University of Central Florida, where he specializes in business ethics and management. He has published a book on managerial ethics and served as associate editor for the Academy of Management Journal. Beyond these academic pursuits, he has served as an advisor to organizations ranging from family businesses to Fortune 500 firms, the U.S. Strategic Command, and a number of universities and professional organizations.

View the PowerPoint from Dr. Schminke's presentation on "Organizational Structure, Justice Perceptions and Ethics" at:
http://www.ethics.org/fellows/efp_schminke.pdf

To gain an understanding of the topic, he also suggested reading the following of his previously published articles:

  • Organization Structure as a Moderator of the Relationship Between Procedural Justice, Interactional Justice, Perceived Organizational Support, and Supervisory Trust, Journal of Applied Psychology 88 (2003), No. 2, pages 295-305.

  • The Effect of Organizational Structure on Perceptions of Procedural Fairness, Journal of Applied Psychology 85 (2000), No. 2, 294-304

  • Considering the Business in Business Ethics: An Exploratory Study of the Influence of Organizational Size and Structure on Individual Ethical Predispositions, Journal of Business 30, (April 2001), pages 375-390

  • Organization Structure and Fairness Perceptions: The Moderating Effects of Organizational Level, Organizational Behavior and Human Decision Processes 89 (2002) 881-905

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** Fellows Present Pace Award to Aaron Feuerstein

Aaron Feuerstein was the third-generation Chairman, President and CEO of Malden Mills, a Massachusetts business that produces Polartec. In 1995, when a fire ravaged much of his textile factory, Feuerstein became the symbol of a socially responsible business owner who rules by his conscience. Despite overwhelming pressure to resume operations overseas, Feuerstein instead pledged to rebuild the mill at home and pay his employees during the three-month reconstruction. This decision ultimately led the company to file bankruptcy under Chapter 11 in 2001. Through it all, Feuerstein was steadfast in his commitment to the local worker and his homegrown company.

In his nomination of Mr. Feuerstein, Fellow Paul Fiorelli, Xavier University, said, "Mr. Feuerstein embodies the best of corporate leaders who are willing to risk their own finances for the benefit of other stakeholders."

Read the press release announcing his selection at:
http://www.ethics.org/news/releases/nr_20050912_pace.html

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** Students Plot Course for the Future

On Friday, Feb. 3rd, ERC hosted six students for the 2006 Executive Student Fellows Program Meeting. Attending students represented Lake Braddock Secondary School, Washington-Lee High School, and Annandale High School all from the Northern Virginia area.

This executive meeting includes only the students who are a part of the executive leadership of their school's Student Ethics Office(tm) (SEO), and also differs from the summer's week-long Student Fellows Program meeting in that it is short, intense, and focused.

The students spent eight hours reviewing their individual and office's performance since the summer program and planning for the rest of the school year. To lighten the mood and keep the atmosphere lively, this meeting was car-themed. The students started the day by thinking creatively - what type of car are they, and then what kind of automobile is their SEO? Once the students had a vehicle, they created a road-map from the Four Quarter Focus Plan they had created in July during the week-long summer Student Fellows Program. Specifically, students examined how well their SEO stuck to the road-map. They examined what roadblocks had impeded their progress, what obstacles had slowed them down, and what unattended needs forced them to turn back around. Students then worked together to come up with new activities for the second semester.

The day focused on the individual plans each SEO(tm) had created during the summer. They mostly worked in their school groups, but the students also had opportunities to interact with students from different schools. An entire session was devoted to a group brainstorm, where students identified one problem from each school and the whole group came up with solutions or strategies to address the particular problem. At the end, the program strengthened each school's Four Quarter Focus plan and reignited the students' enthusiasm for attending the July program.

Read more about ERC's Student Ethics Office and Student Fellows Program at:
http://www.ethics.org/character/seo.html

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** Lake Braddock Student Wins 2005 Student Leadership in Ethics Award

"One of the toughest aspects of being an Ethics Officer is having the courage to stand up and assert the moral perspective," writes Lauren Lessard, Lake Braddock Secondary School (Burke, Virginia), who was selected as this year's winner of the Student Leadership in Ethics Award. The panelists who selected her were impressed with the way Ms. Lessard conducts herself as a leader in her school and community, leading by example, humbly acknowledging her faults and learning from her mistakes. The award will be presented to Ms. Lessard at her school on March 13.

Ms Lessard and the other finalist, Sher Afgan Tareen, Washington-Lee High School (Arlington, Virginia) are juniors in their respective schools and have been active in the Student Ethics Office(tm) (SEO) program for years. ERC sponsors the Student Leadership in Ethics Award annually, with underwriting support from TEOCO Corporation. Any student who is active in his or her school's SEO may apply.

Read more about the 2006 finalists and the Student Leadership in Ethics Award at:
http://www.ethics.org/character/sleaward2006.html

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** Celebration of Commitment to Ethics

ERC's First Annual Celebration of Commitment to Ethics was held on November 2, 2005 at the New York Stock Exchange. More than 150 business leaders turned out to support ERC and to help ERC thank Raymond V. Gilmartin, Special Advisor to the Executive Committee at Merck & Co., Inc. and Robin Aram, retired Vice President, Policy and Issues at Shell International. Both men are former members of ERC's Board of Directors, with Mr. Gilmartin chairing the Board from 1993 to 1995.

ERC President Pat Harned said, "Our theme for the evening was purposefully chosen - we know from our research that the greatest impact on conduct in the workplace is the result of a commitment to ethics across the entire culture." In addition to Dr. Harned, the audience heard remarks from the Chairman of ERC's Board of Directors, Stephen D. Potts; Mike Wilkinson, Vice President, Policy and Issues at Shell International (accepting honors on behalf of Robin Aram, who was unable to attend the event); Ira A. Lipman, Chairman and President, Guardsmark, LLC; Richard T. Clark, President and CEO, Merck & Co., Inc. and Mr. Gilmartin, who delivered the evening's keynote speech.

ERC thanks the following for their gracious support of our First Annual Celebration of Commitment to Ethics:

Leadership Sponsors

  • Merck & Co., Inc.
  • Guardsmark, LLC

Corporate Sponsors

  • Shell
  • BDO Seidman, LLP

Benefactor Sponsors

  • Archer Daniels Midland Company
  • Becton Dickinson & Company
  • Corning, Inc.
  • Fiduciary Trust Company International
  • Forbes
  • PLI-Corpedia
  • PricewaterhouseCoopers, LLC
  • Raytheon Company
  • Society for Human Resources Management
  • Tyco

Patrons

  • LRN Corporation
  • Microsoft Corporation
  • Science Applications International Corporation (SAIC)

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** Top Ethics Related Stories of 2006

The results of an ERC staff poll on the top ethics stories of 2005 are as follows:

  1. Ethics Scandals Erupt in Government:
    Prominent lawmakers and administration officials, including Tom DeLay, Bill Frist. Randy Cunningham and Karl Rove and White House officials were accused of alleged ethics transgressions.

  2. Guilty CEOs Jailed:
    Former WorldCom CEO Bernard Ebbers, former Tyco CEO L. Dennis Kozlowski and finance chief Mark Swarz, and Adelphia Communications Founder John Rigas, were sentenced to prison for corporate misdeeds. Former Enron CEO Kenneth Lay was indicted on 11 criminal counts related to the accounting fraud.

  3. Wiretapping and the Patriot Act:
    Secret searches, and wiretaps of terror suspects authorized by President Bush, became an issue as the Patriot Act came up for reauthorization.

  4. Torture as Public Policy:
    President Bush agreed to a legislative rider banning cruel, inhumane, and degrading treatment of terror suspects following much public debate over the idea that the United States could advocate some forms of torture.

  5. Valerie Plame Affair:
    Vice President Cheney's chief of staff, I. Lewis Libby, was indicted and several journalists were entangled in an investigation of who leaked Valerie Plame's CIA status.

  6. Lobbying and Jack Abramoff:
    Congress begins investigation of lobbyist Jack Abromoff's illegal activities with Indian tribes, and he is later indicted on fraud and conspiracy charges.

  7. The Life and Death of Terri Schiavo:
    The husband of a brain-damaged woman fought to get clearance to remove the feeding tube that had kept her alive for 15 years. President Bush, Florida Gov. Jeb Bush and members of Congress joined Terri Schiavo's parents in opposition.

  8. Hurricane Katrina:
    The United States Gulf Coast was devastated by Hurricane Katrina which killed more than 1,300 people and set off massive flooding in New Orleans. In the aftermath, accusations of racism, classism, mismanagement and ethical shortcomings flew, along with questions about the ethics of theft and looting for survival.

  9. Merck Begins Defending Vioxx Trials:
    Merck & Co., Inc. began defending the first Vioxx cases. Although they lost the first case in a state court in Texas in August 2005, the company won the second state court case in New Jersey. The first federal court case ended in a mistrial following a hung jury. In February 2006, Merck was cleared of any responsibility in the death of a 53-year-old Florida man -- their first victory in a federal court.

  10. Eminent Domain:
    The Supreme Court ruled that state and local governments have the right to take property by eminent domain and use it for private development.

Also receiving more than one vote were the increase and fluctuation in energy prices, Supreme Court nominations and hearings for two new justices, the revealing of "Deep Throat's" identity, science fraud related to stem cell research in Korea, and the increase in charitable donations as a result of several major worldwide disasters.

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** Top ERC Stories of 2006

The top ERC related stories, as voted by ERC staff, were:

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** Invited Fellows Research Updates

This new section of Ethics Today will feature research and publications in the field of ethics that have been authored by ERC Academic Invited Fellows outside of their work with the ERC Fellows Program. Since many of the documents will only be available by ordering reprints from the publisher, we cannot provide copies of the documents but will include abstracts and links to reprint-ordering information when available.

Developing, Communicating and Promoting Corporate Ethics Statements: A Longitudinal Analysis
By Patrick E. Murphy, Notre Dame
Journal of Business Ethics, Volume 62, Issue 2, Dec 2005, Pages 183 - 189

ABSTRACT: This paper reports on the findings of the third in a series of surveys of large U.S.-based and multinational corporations on their ethics statements. Focusing on four types - values statement, corporate credo, code of ethics and Internet privacy policy - we find growth in the use of these statements over the last decade. We discuss the external communication of these statements, including the avenues that are now used for promotion and their intended audiences. The paper concludes with a number of research issues to be addressed.

A reprint of this piece is available for purchase at:
http://www.springerlink.com/(w3frjva5ohz1yb452txua1yg)/app/home/
contribution.asp?referrer=parent&backto=issue,9,10;journal,10,335;
linkingpublicationresults,1:100281,1

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** Book Review: Smart & Good High Schools

Former ERC Character Development Manager Katie Sutliff Lang, who was pivotal in creating ERC's MAXIMize the Moment and Student Ethics Office programs for secondary school students, recently reviewed "Smart & Good High Schools: Integrating excellence and ethics for success in school, work, and beyond", by Lickona and Davidson (2005), Cortland, NY: Center for the 4th and 5th Rs (Respect & Responsibility)/Washington, D.C.: Character Education Partnership.

"In many ways, 'Smart & Good High Schools' is much more than just a worthwhile read for secondary school administrators and teachers," she says. "Its reach extends beyond the confines of the school to include parents and community members, who are also part of the (character) education process. But it is also an important step for the character education movement as a whole. This self-proclaimed "Report to the Nation" is a rallying cry and a beacon of hope: we HAVE to focus on teaching character to our young adults and there are promising practices that can help us do that."

Read the rest of this review and find out how to get a copy of the report at:
http://www.ethics.org/resources/book_detail.cfm?ID=880

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** Publications & Media Coverage

ERC and ERC Fellows recently published two new publications, both of which are available for free download as PDF documents.

Mergers and Acquisitions Template (ERC Fellows)

In 2004 the ERC Fellows Program undertook an effort to review what best practice companies were doing in the area of ethics and compliance when their company was considering a new acquisition. In creating this document, the Fellows gathered existing best practices from both ERC and EOA selected member companies.

Read more information about and view the template at:
http://www.ethics.org/fellows/publications_matemplate.html

Selections from Ethics Today, Volume III

Each year, ERC publishes a collection of 10-12 articles that were among those most viewed by ET subscribers during the publication year. Volume III is now available as a free PDF download.

See the table of contents and get a copy of this compilation at:
http://www.ethics.org/publications/et_boet.html

(Please note: We request that you give your name and email address to download these documents.)

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-- Forget About Perks, GovExec.com, March 8, 2006

According to this article, executive branch officials are susceptible to severe breaches of conduct, often by top-ranking career executives or their political bosses. The author quoted ERC Chairman Stephen Potts, who said he had noticed a sense of entitlement by the offending executives. Because they work so hard, are paid so little and get almost no recognition, he said, federal executives sometimes feel entitled to bend or break the rules. "Partly it can result from hubris," Potts says. "People begin to think it's their birthright.
'It's particularly important that leaders avoid that kind of thinking", he continued, "because subordinates pick up on it and begin to think it's OK to use their own positions for personal gain as well."
Read this article at:
http://www.govexec.com/dailyfed/0306/030806mm.htm

-- Calling the Ethics Cops: A growing army of corporate monitors are helping companies police their dealings and adjudicate ethical quandaries, Business Week Online, February 13, 2006

This article on the growth in number and authority of ethics officers cites ERC's National Business Ethics Survey 2005.
Read this article at:
http://www.businessweek.com/magazine/content/06_07/b3971113.htm

-- SOX Compliance Is Worth the Effort. E-commerce Times, January 30, 2006

The synopsis of this piece on the rewards for meeting SOX compliance says compliance has helped to make ethics training more common within the corporate environment, continuing, "According to a 2005 survey by the Ethics Resource Center, 69 percent of employees reported that ethics training in their organizations was up, as compared to 14 percent who said so in the same survey conducted in 2003." The synopsis and the full article were picked up by a number of other news, business and security websites.
Read the full article at:
http://www.ecommercetimes.com/story/48485.html

-- Rewriting history under the dome, Lowell Sun (MA) January 27
--
Wikipedia target of House 'editors', North Adams Transcript (MA), January 30, 2006

These two pieces about congressional House staffers making at least 1,000 changes in the past six months to Wikipedia entries on an array of topics include a quote from ERC Chairman of the Board Stephen Potts stating that the sheer breadth of changes emanating from the House reflects an abuse of public time and equipment.
The article is no longer available for free, but can be retrieved by searching the news archives at:
http://www.lowellsun.com
http://www.thetranscript.com

-- Employees may justify it, but stealing is stealing, North Jersey.com, Herald News, January 16, 2006

ERC President Pat Harned is quoted in this article on the ethics and reality of taking office supplies home from the office.
Read this article at:
http://www.northjersey.com/page.php?qstr=eXJpcnk3ZjcxN2Y3dn
FlZUVFeXkyJmZnYmVsN2Y3dnFlZUVFeXk2ODYxMDkx

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** Offering Our Thanks

As a non-profit 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.

ERC thanks the following for recent contributions:

  • Merck Company Foundation
  • General Dynamics, additional support for the Pace Endowment

Board campaign:

  • Fred Fielding
  • Ken Frazier
  • Ted Hester
  • Sue Meisinger
  • Brent Scowcroft
  • Swidler Berlin, matching gift for Jim Hamilton
  • Sheila Tate
  • Frank Vogl
  • Wiley Rein and Fielding, matching gift for Fred Fielding

General Support:

  • Admiral Thomas Hayward (Emeritus Board)
  • Frank Jones (Emeritus Board)
  • Shaun O'Malley (Emeritus Board)
  • Barbara Palmer

We invite you to join our loyal contributors in lending your support.

To find out about how to support the ERC, go to:
http://www.ethics.org/support_how.html

The Ethics Resource Center (ERC) is a non-profit, non-partisan educational organization exempt from taxation under the Section 501(c)(3) of the Internal Revenue Code. All gifts are tax-deductible to the fullest extent of the law.

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