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Organizational
Design, Organizational , and Corporate Responsibility
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For most organizations,
effective leadership develops an organizational culture that guides
the day-to-day actions of its involved stakeholders. Leadership
will guide by integrating the rules, principles, or values it
desires. Success is when the organization's involved stakeholders
act in accordance with leadership's desires simply because "that
is the way we do things around
here."
The
nature of an organization's program must be congruent with or
"fit" its culture. If it has a compliance culture, it may easily
implement a compliance program. But if it has a more values-based
culture, it will find a compliance program actively or passively
resisted. In any event, until the rules, principles, or values
are fully integrated, anything short is still essentially a compliance
program from its stakeholders' points of view.
Putting
Values and Principles into Practice. Implementing an ethics,
compliance, and responsibility program (referred to here as a
"Corporate Responsibility Program")
can be a complex and daunting task. The goal is to make ethical
norms the basis for decision-making and action at all organizational
levels. Implementation requires broad as well as intimate
understanding of organizational culture, history, structure and
systems and its external environment.
A
recent study and experience find several organizational and Corporate
Responsibility Program design factors that influence ethics/compliance/responsibility
management effectiveness
- Ethical
and Legal Context (the extent to which its industry is characterized
by government laws and regulations, whether its employee base
is compliance- or values-oriented, the national cultures influencing
its operations)
- Organizational
Culture (executive and supervisory leadership, fair treatment
of employees, ethics in discussion and dialogue, ethical conduct
rewarded, organizational focus)
- Program
Orientation (whether the approach taken is compliance-based,
values-based or designed to satisfy external stakeholders
or protect management)
- Formal
Program Characteristics (e.g., an ethics/compliance/responsibility
officer, a code of conduct, a telephone hotline, and performance
appraisal)
- Program
Follow-through (detection of violators, follow-up on reports,
and consistent policy/action)
What
tends most to lead toward effective Corporate Responsibility Programs
is the ethical culture of the organization, program follow-through,
and program orientation. The program must integrate well within
the ethical and legal context. Formal program characteristics
themselves are of relatively little importance.
Within
the ethical culture, what helps are the perceptions that executive
and supervisory leadership is strongly committed to ethical conduct;
that employees are treated fairly, that ethics issues are talked
about, and that ethical behavior was rewarded. What hurts is a
culture that requires unquestioning obedience to authority or
that is focused on self-interest.
Within
program orientation, what helps is emphasizing shared organizational
values, supplemented with compliance and external stakeholder
aspects. Where balance between the three lies depends upon the
culture of the organization, the health of the organization, and
the urgency of its situation. What hurts is perception that the
program is designed to protect management.
Within
program follow-through, what helps most are consistent policies
and actions, and following up on reports of misconduct.
The
framework described in the executive summary below is intended
as a guide to implementing a Corporate Responsibility Program
reflecting the above influences and others learned through experience.
It is divided into seven sections, each of which identifies key
issues to address in building a Corporate Responsibility Program.
A detailed description of the required documents and structures
follows it.
Operational
Summary
1.
Prepare and Plan for an Ethics/Responsibility Initiative
- Senior
management explores the need for an ethics initiative: this
often includes an ethics environment assessment and
planning sessions to review assessment recommendations.
- Consider
influence of national culture(s).
- Translate
all documents into appropriate languages.
- Conduct
an in-depth ethics/compliance risk assessment and stakeholder
analysis.
- Consider
contextual meaning of organizational social responsibility
and environmental ethics considerations.
- Develop
a rationale and proposal for an ethics initiative, build a
supporting "ethics network," and formalize an Ethics Initiative
Action Plan for CEO and Board approval.
- Build
consensus on the ethics initiative using a comprehensive communication
strategy.
- Align
organizational goals and strategies with those of involved
stakeholders.
- Appoint
high-level personnel to lead the effort, and provide them
with adequate staff and other resources.
- Train
and educate key personnel as necessary.
2.
Clarify and Document the Organization's Core Purpose, Core Values
and Vision
- Review
and reflect on the organization's history, culture and related
documents.
- Revise
or draft new core ideology and vision statements as necessary.
- Communicate
them throughout the organization for review and feedback.
- Finalize
core ideology and vision statements and present for Board
approval.
- Circulate
approved statements as widely as deemed appropriate, including
external stakeholders.
3.
Clarify and Document the Organization's Mission and Standards
of Conduct
- Review
and reflect on the organization's history, culture, and related
documents.
- Revise
or draft organizational and principal division mission statements.
- Communicate
them throughout the organization for review and feedback,
and present for Board approval.
- Draft
a formal code of ethics/conduct based on shared organizational
visions and values.
- Distribute
code of ethics for review, make revisions, and present for
Board approval.
- Begin
to review and align existing policies with core ideology and
vision statements and ethics code.
4.
Build a Formal Organizational Ethics Structure
- Clarify
the roles of the Board of Directors, audit committees, and
CEO and their reporting relationships.
- Clarify
roles of outside legal counsel, auditors, and ethics and compliance
consultants.
- Develop
appropriate ethics infrastructure, which may include: appointing
ethics officer(s), standing committees, an ombuds, etc. and
clarifying the roles, responsibilities and jurisdictions of
each. Ensure that their is adequate supporting staff and other
resources.
- Create
clear communication channels between senior leadership and
ethics personnel.
- Conduct
ethics/compliance risk analysis and integrate into organization
strategies.
- Clarify
role of ethics office in strategy and operational policy formulation.
- Clarify
role of ethics/compliance office in organizational social
responsibility, including philanthropy, public relations,
and government relations.
- Join
organizations or attend conferences that provide best practices
or benchmarking, e.g., the Ethics Officer Association (EOA),
Health Care Compliance Association, or the ERC Fellows Program.
- Integrate
provisions organized labor contracts or labor law into the
Corporate Responsibility Program. In US, this includes code
of ethics as a bargaining issue, with rare exceptions. In
many countries, matters in a US code or routinely provided
by contract or labor law.
- Develop
due diligence process in hiring, placement, performance evaluation,
and retention.
- Develop
policy regarding confidentiality of sources.
- Develop
a process for conflict resolution consistent with organizational
vision and values.
- Develop
a process for dealing with external stakeholder, especially
government in the event of misconduct.
- Ensure
that the Ethics Initiative embraces all applicable legal requirements.
- Develop
a process for learning from problems, conflicts, and mistakes.
5.
Develop Auditing, Monitoring and Reporting Mechanisms to Support
Ethical Conduct
- Develop
means to monitor, record and evaluate ethics and compliance
systems.
- Develop
reliable systems to advise employees and other agents on ethics
and compliance matters, and to ensure employee and other agent
safety (e.g., from retribution) in ethics reporting.
- Develop
contingency plans to guide decision-making in the event of
an "ethics crisis," such as a hazardous waste spill or product
recall.
- Develop
policy regarding exit interviews.
6.
Communicate the Organization's Vision, Values, Standards and so
forth
- Create
a comprehensive ethics/compliance training and education strategy.
- Create
the means to implement this strategy and develop the content.
Include general ethics training and area-specific training
where appropriate.
- Ensure
that all employees receive ethics orientation and training.
- Consider
online training.
- Evaluate
and validate the effects of communications and training at
all organizational levels.
- Develop
an interactive Web site to communicate to stakeholders and
the public the essence of the Corporate Responsibility Program.
7.
Align Ethics/Compliance initiatives with other Organizational
Systems
- Align
mission and vision of organizational units (e.g., branches,
departments) with company-wide statements.
- Integrate
ethics and compliance goals into organizational strategic
planning.
- Integrate
ethics and compliance efforts into other organizational initiatives
(e.g., HR, IT, PR, Labor-Management, government relations,
philanthropy).
- Align
work assignments to existing capabilities to achieve creative
tension, flow, and learning and growth (facilitation/intrinsic
value).
- Align
reward systems to encourage behaviors consistent with organizational
vision and values (manipulation/instrumental value).
- Periodically
publicize disciplinary actions for ethical abuses.
- Create
opportunities to share ethics and compliance ideas with regulators,
suppliers, vendors and clients.
- Respond
appropriately to wrongdoing and prevent further wrongdoing.
- Learn
from problems, conflicts, and mistakes and communicate lessons
learned as appropriate.
- Support
legislation and judicial actions leading to effective Corporate
Responsibility Programs.
Corporate
Responsibility Program Documents and Structures. The following
are typical documents and structures and system adopted as part
of a Corporate Responsibility Program.
•
Organizational Documents:
- Core
Purpose, Core Values, and Vision Statement
- Mission
Statements
- Codes
of Conduct
- Confidentiality
policy
- Compliance
Norms and Standards
- Promotional
materials
•
Structures and Systems that:
- Oversee
ethics and compliance
- Communicate
standards and procedures.
- Monitor
and audit compliance.
- Encourage
employees and other agents to report wrongdoing.
- Reinforce
appropriate conduct and discipline inappropriate conduct.
- Learn
from problems, conflicts, and mistakes.
• Principles and practices:
- Evolving
World Ethics
- Stakeholder
Engagement
- Ethical
Leadership
- Ethical
Decision-making
- Managing
mental models
- Forming
communities of inquiry/practice
- Participation/team
building
- Communication
- Cooperation
- Compliance
- Conflict
resolution
- Crisis
management
- Risk
analysis/management
- Quality/Continuous
Product/Process Improvement
- Labor-Management
Practices
- Environmental
Quality Practices
Implementing
a Corporate Responsibility Program. As the table in Appendix
2 suggests, the actual strategy employed to implement a cultural
change will depend upon the urgency of the situation, the time
available, and whether the culture of key stakeholders will support
the change.
There
is no one-size-fits-all Corporate Responsibility Program. The
kind and degree of participation in designing the ethics initiative
will depend upon the situation and the condition or health of
the organization. The following questions for self-governing organizations
in the attached "Nepali
Model" may be helpful.
It
will take attention to all aspects of organizational life to implement
a Corporate Responsibility Program. As the figure below depicts,
from a systems view, all tasks of the organization must
be evaluated. The people who are to perform these tasks
must be considered to see if the challenges of the tasks are balanced
with the capabilities of the people. The formal structure
must be designed and developed to provide the capacity for the
people to realize their potential toward shared ends. But most
importantly, the organization culture must usually be changed
so that organizational aspirations can be achieved.
The
dirty little secret of ethics/compliance program implementation
is that it is a disruptive and long-term (3-5 years) process if
the organization is not otherwise healthy. To be successful, it
must often raise fundamental issues. It takes time from business
as usual. Moreover, it is highly unlikely that all stakeholders
will embrace it. If they did, the organization would not need
the initiative. Some members, especially some of long standing,
will have to leave for the initiative to take hold. It can be
no other way.
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