Archive for November, 2012|Monthly archive page
Ethics Lessons from Toronto Mayor’s Ouster from Office
Filed under: accountability, character, codes of ethics, conflict of interest, corruption, governance, government, leadership, pollution, taxpayers, values |
Comments (1) Toronto Mayor Rob Ford has been found guilty of violating the Municipal Conflict of Interest Act, and will be removed from office. The much-anticipated court decision was handed down this morning.
Regrettably, this is unlikely the end of the story. Ford had announced, prior to the decision, his intention to run again should the judge remove him from office. The judge had the option to include, as part of Ford’s sentence, a prohibition on running again, but opted not to do so.
Ford has plenty of detractors. Some don’t like his politics. Some question his aptitude for the job of mayor of Canada’s largest city. Others worry about his being implicated not just in one but in a string of conflict of interest violations. But he also has plenty of defenders — after all, there are an awful lot of people out there who voted for him, and many of them are sticking to their guns on that choice. So the debate will rage. Plenty of ink is sure to be spilled in by both camps in the wake of this decision. I’ll limit myself here to just two quick points. One is about leadership, and the other is about governance.
First, leadership. Whatever your views of Ford, and whatever your views about the severity of his breach of the Conflict of Interest Act, you pretty much have to agree that Ford demonstrated a disappointing lack of leadership ethics, here. Yes (as his lawyer pointed out) people do make mistakes, and even a mayor can be forgiven for an incidental breach of a rule now and then. But what’s particularly worrisome here is that Ford, who by all rights ought to be the guy who leads Council in understanding its ethical obligations, seems to be utterly clueless about them. And he doesn’t seem terribly worried about that, either. According to a report of the court proceedings, Ford “testified he never read the Conflict of Interest Act or the councillor orientation handbook. Nor did he attend councillor training sessions that covered conflicts of interest.”
My second point has to do with governance. As Marcus Gee pointed out in the Globe and Mail recently, bumping Ford from office might be a case of ‘out of the frying pan, into the fire.’ Turmoil is likely to ensue. Council is now faced with the choice of having someone else — someone not elected to be mayor — serve out the rest of Ford’s term, or spending several million dollars of taxpayer money to hold another election. The result of turfing Ford seems especially troubling when we compare Ford’s ethical cluelessness with the out-and-out corruption that has brought down mayors in other major cities.
But what was the alternative? A judge has no choice but to call ’em like he sees ’em. Ford violated important rules, and those rules say he should be removed from office. Note that the judge in this case would have had the same range of sentencing options if the dollar amount at the heart of this case had been $3.15 rather than $3,150. A more sane system would perhaps allow for a broader range of penalties. Examples could be found in other systems and at other levels of government. A fine? Censure? Limitation of future mayoral discretion? Mandatory ethics training? I don’t know the answer. But a governance system that allows a political leader to blunder this way and then throws a city into turmoil is not a good system. Principles matter, but so does the way we implement them.
Opus Dei Sues Game Publisher
Filed under: ethics, freedom, intellectual property, values |
Leave a comment As you may have heard, Opus Dei, a branch of the Catholic church, is suing a Danish game publisher, Dema Games, for alleged infringement of its trademark. The game is called “Opus Dei: Existence After Religion.”
The case is pretty much entirely without moral merit. Never mind the David-vs-Goliath image raised by the thought of the powerful Catholic prelature focusing its lawyers’ energies on a tiny Danish publisher. Beyond that, there’s no indication that Opus Dei, the organization itself, is portrayed in any way in the game. So this is unlike the dispute that went on back in 2006, when Opus Dei tried to get Sony to remove references to the organization from the movie version of The DaVinci Code. The issue in the present case is simply whether the organization has the right to control how its name is used.
Trademark protection is effectively a limit on free speech. You can say whatever you want, generally, but you can’t help yourself to words or phrases that are specifically used by other people for commercial purposes. Opus Dei isn’t what we would normally think of as a “commercial” organization, but close enough: its name is the “mark” under which it carries out its “trade.” So it has some claim to a trademark. On the other hand, the words “opus Dei” are just a phrase with multiple uses. As those of you who remember your high school Latin will recall, “opus dei” is translated “work of God.”
This case might best be thought of a question of free speech versus respect for religion. The organization can’t rightly expect to exert worldwide control the use of the two words “opus” and “dei,” words that have many uses in conjunction beyond describing the Catholic group. But on the other hand, should the game publishers relent and remove those words from the title of their game? Opus Dei does have an interest at stake, here, even if it’s not clearly an overriding one embodied in a right. A sufficient degree of respect for the organization and its interests might lead a company to adopt a hands-off policy, regardless of whether the trademark claim is legally enforceable.
All indications are that Dema has no intention of manifesting that level of respect, and I suspect many people — including those who are dismissive or even critical of the Catholic church — will applaud the company in this regard. But what is the unbiased observer to think, from an ethical point of view, about cases of this sort? Here, it is important to recognize the crucial ethical difference between a value, on one hand, and a principle, on the other.
Respect — including respect for other people’s religions — is a value. As such, it is something we generally want to promote. It is good, other things being equal, to demonstrate a degree of respect for other people, and arguably for their religions and the organizations that promote them. Even when we do not support or encourage other people’s beliefs, it is generally a good thing, socially, if we respect them.
Free speech, on the other hand, is a right, and respect for it is a moral duty. And rights and duties tend to be moral absolutes, rather than merely things we want to promote. As a right, free speech is something that is to be breached only under very limited and carefully prescribed circumstances. A right is a line drawn in the sand, and across which we step only when absolutely necessary. When a right (like free speech) and a value (like respect) come into conflict, generally the right has got to win.
Hopefully the Danish court will agree.
Ethics of Risk Management
Filed under: capitalism, complexity, corporations, economics, finance, governance, risk |
Leave a comment Business is, in many ways, all about risk. It’s about investing in R&D and in productive processes that may or may not result in products that customers want to buy. It’s about hiring people and then putting your company’s reputation into their hands. It’s about trying and doing new things, always aware of the chance of failure. Society flourishes because businesses are willing to take risks. Of course, some risks should not be taken, and others should be taken only subject to suitable safeguards. Risk, in other words, needs to be managed.
Modern risk management, as that term is used in corporate contexts, has its roots in finance and refers primarily to the management of financial risks. It relies heavily on mathematical models used for asset pricing and portfolio assessment. Banks use risk management techniques to determine how many loans and mortgages of what kinds to hand out, and on what terms, and to figure out (within regulated limits) how much capital they need to keep on hand in case depositors come calling to reclaim their deposits. This all requires careful calculations. Take too little risk, and you’ve got money sitting idle. Take too many risks and, well, you end up with what we saw back in 2008.
Last week I had the pleasure of hosting Professor John Boatright, as part of the Business Ethics Speakers Series that I run at the Ted Rogers School of Management. John is the guy who literally wrote the book on ethics in finance. He’s author of Ethics in Finance and editor of Finance Ethics: Critical Issues in Theory and Practice. There simply is no one better on issues of ethics in finance. And his topic last week was an important one: “The Ethics of Risk Management: A Post-Crisis Perspective.”
As John’s talk pointed out, the advent of modern risk management strategies is, somewhat ironically, implicated in the financial crisis of ’08-’09, from which we are still recovering. The mathematical models risk managers use made possible the popularization of collateralized debt obligations (CDOs) and credit default swaps (CDSs). And the fact that there were actual hard-core equations behind these instruments — which Warren Buffett “financial weapons of mass destruction” — made them seem far safer than they were. This illusion of safety encouraged very high levels of leveraging, with what we now know to be disastrous consequences.
One of the other things that John’s talk clarified for me was that there’s a kind of ambiguity in the very term “risk management.” To the public, the idea of “managing” risks sounds very much like the idea of “reducing” risks. And that, of course, sounds like a very good thing. But risk management absolutely is not the same as risk reduction. Indeed, it can be quite the opposite. Risk management is the art of finding the right level and mix of risks, the right ‘risk profile.’ What matters ethically, as John pointed out is which risks are managed, by whom, by what means, for whose benefit.
The other point from John’s talk that I want to highlight here has to do with the ‘corporatization’ of risk management. As John pointed out, business firms both encounter and create risk, and risks are encountered by both firms and by individuals in society. If, as seems to be the case, risks to individuals are increasingly being managed by corporations, we as a society need to be acutely aware of the way corporations think about risk. John quoted author Michael Power as saying that “Risk is the basis for corporations to process morality.” In other words, risk is the lens through which corporations consider and act upon their obligations.
The problem here is clear: risk is an inherently outcomes-based construct, and not everything we care about ethically is a matter of outcomes. We also care about rights and duties, and about justice in the way good and bad outcomes are distributed. If risk becomes the lens through which obligations are examined, something important is being left out. Corporate risk management, in other words, is itself a mechanism that brings risks that need to be managed.
Petraeus, Moralizing, & Leadership Obligations
This past Friday, David Petraeus, a retired 4-star general in the US Army resigned from his position as Director of the Central Intelligence Agency. He resigned because evidence had surfaced that he had had an extramarital affair.
On the surface, of course, this is just another example of a powerful man succumbing, as all too many seem to do, to the all too common temptation to betray his marital commitments. And, again on the surface, it raises questions about whether private foibles are sufficient reason to think a man unfit for public office. Petraeus himself, in his letter of resignation to President Obama, said he had shown “extremely poor judgment.” The question that always arises — remember Clinton/Lewinski? — is whether poor judgment in personal matters necessarily implied poor judgment in public matters, or whether instead the scandal really just amounts to a puerile bit of titillation.
But the fact is that Petraeus is not just another man, and not even just another man in a leadership position. He was, until November 9th, Director of the CIA, the most important intelligence organization on the planet. He was, in other words, one of the world’s most desirable candidates for blackmail. And so any transgression that could serve as fodder for blackmail is immediately amplified in magnitude. Clearly, marital infidelity is pretty high on that list. Someone in a position like the one Petraeus had has to stay squeaky clean, not for moralistic reasons, but for national security reasons.
And the seedier details that have been emerging seem to bear this worry out, at least to some extent. The woman with whom Petraeus is said to have had the affair, Paula Broadwell, is now said to have sent threatening letters to another woman who she saw as a rival for the general’s affections. That’s not to say that anything like blackmail was in the offing. But it suggests that the Petraeus/Broadwell affair had dark edges to it beyond your standard tale of marital infidelity.
There will surely be, in the coming weeks and months of analysis of this matter, plenty of talk about the demands of leadership and the character and integrity it requires. But what leadership at the highest level really requires is not just character, but an acute awareness of your own weaknesses — including weaknesses you share with the rest of the human population — and the ability to foresee and forestall the risks the flow from those.
Ethics, Law, & Workplace Social Media
Filed under: employees, internet, law, rights, social media |
Leave a comment Yesterday as part of the Business Ethics Speakers Series I host, we held a panel discussion on “Ethical and Legal Aspects of Workplace Social Media.”* It’s a topic that a lot of organizations are thinking about these days, and it raises a lot of tricky questions. How much control should an organization try to exert over employees use of Twitter at work? When two employees kvetch about their employer on Facebook, is that a private conversation or a public one? Is it OK for an employer to gain access to a potential employee’s Facebook profile in order to engage in screening?
For the panel, I invited three of the most thoughtful people I know on the topic. All happened to be lawyers, but all come from very different perspectives and intersect with the topic in very different ways. And all of them were interested not just to talk about the legal standards that apply to social media in the workplace, but also about the ethical principles that ought to underpin such standards.
Mark Crestohl, who chaired the panel, is AVP for Global HR Regulatory Policies at TD Bank. In his comments, Mark suggested that what is most important for employers is to explain to their employees what it expects of them when they engage in social media. Mark explained that at TD, they explain to employees that they must adhere to the bank’s usage guidelines when any one or more of three situations arise: when the employee uses equipment (e.g., a corporate smartphone) provided by the employer; when they use network access provided by the employer; or when they are discussing topics related to TD or the financial services industry.
Panelist Dan Michaluk is a Partner at Hicks Morley, Canada’s largest HR law firm. He said his advice to corporate clients is that then need to have a social media policy that is “risk-based and culture-tuned.” In other words, cookie-cutter policies just won’t do. He also said that clear internal guidelines are important, and that guidelines and policies need to be enforced consistently. But he also warns clients to think carefully before engaging on the ‘hard cases,’ the kinds of cases that test the line between private activity and activity that causes a significant risk to an employer interest.
Finally, Avner Levin is a colleague of mine at the Ted Rogers School of Management, and Director of the Privacy and Cyber Crime Institute. For Avner, the key is to keep having a rich conversation about the issues social media raise. He pointed out that we tend to strive to behave online in ways that mimic the standards we have developed offline. But, he noted, we also seek, online, to present different aspects of our identity to different audiences — our employer, our colleagues, our family, our friends — in the same manner that we do in the real world. His plea was that we do our best to make sure that our workplace policies respect those individual needs and desires.
But that just hints at the rich discussion that went on. You can see the webcast of the event in its entirety by clicking here: Ethical and Legal Aspects of Workplace Social Media.
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*The panel was co-sponsored by the Ethics Practitioners’ Association of Canada.
Storms, Global Warming, and Corporate Citizenship
Filed under: corporate citizenship, disaster, efficiency, environment |
Comments (6) Humans are (very likely) changing the earth’s climate. And changes in climate are (very likely) making storms worse. And worse storms are (definitely) a bad thing. Granted, it’s hard — in fact, foolish — to try to draw a straight line between any individual’s or even any corporation’s behaviour and the Frankenstorm that just slammed New York and surrounding areas, but the fact remains that the devastation that storm wrought was not the effect of a mere freak of nature. As Businessweek bluntly put it, “it’s global warming, stupid.”
But what matters more than the cause of global warming is what we can do about it. In particular, what can business do about it?
Large-scale problems tend to require large-scale solutions, and so there’s a natural tendency to leave such issues to government. This is so for two reasons. First is simple scope: you driving a hybrid car or switching to CFL bulbs just isn’t going to accomplish much. Second is the nature of collective action problems: each of us benefits from a wasteful, energy-intensive lifestyle, and it seems narrowly rational to let other people (or other companies) bear the costs of doing things differently. But the fact that it’s tempting, or even narrowly rational, to let others bear the burden, or to wait for government to act, doesn’t make it the right thing, or even the minimally decent thing, to do.
So what can businesses do — what is it possible for them to do — in response to a trend in global warming that is clearly posing increased risks?
To begin, of course, they can work to avoid making things worse, by avoiding burning carbon and adding to the load of carbon dioxide in the atmosphere. This means looking at relatively small, obvious stuff like seeking energy efficiencies in their operations, promoting telecommuting, reduce air travel, and so on. Luckily, most such efforts are relatively painless, since they tend to reduce costs at the same time. Sometimes mere laziness or a focus on “how we’ve always don’t things” gets in the way of making such win-win changes. Don’t be lazy. Innovate. Share best practices with your suppliers, with other companies in your sector, and if you’re a B2B company, with your customers.
The second thing that businesses can do is to work with, rather than against, government efforts at making things better. In particular, it is a fundamental obligation of corporate citizenship not to block government action aimed at effective action at slowing climate change, and in particular action aimed at dealing effectively with the effects of climate change. If, for example, a government wants to pass rules forcing businesses to pay the full cost of their energy usage, or rules that impose industry-wide energy efficiency rules, business should welcome rather than oppose such changes. Energy inefficiencies impose costs on other people, and hence count as the kind of externalities that go against the fundamental principles of a market economy.
It’s also worth noting that asking what business can do is not quite the same as asking what your business, or any particular business, can do. Business organizations and trade associations abound, and there’s plenty they can do to a) help members share best practices and b) foster industry-wide standards that can help businesses live up to their social obligations while at the same time maintaining a level playing field.
Finally, business can do the things that business is supposed to be good at: efficient management, synergistic use of a range of kinds of human capital, and innovation. That stuff isn’t just a good recipe for commercial success. It’s an absolute obligation. And innovation is clearly the key among those three aptitudes. Efficiency — tightening our belts — will only get us so far. We desperately need a whole slew of truly brilliant new ideas for products, services, and productive processes over the next decade if we are to meet the collective challenge posed by changes in our environment. And it’s foolish to expect government to provide those ideas. It’s time for business to step up to the plate. There can be no better way to manifest a commitment to corporate citizenship than to be the kind of corporate citizen that sees a business model in trying to help us all cope with global warming.
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