Compliance and Integrity


In the earliest stages, organizational ethics centered on the narrow perspective of ethics—the notion of compliance. Are we following the laws? Are we at risk from litigation? If so, how do we minimize that risk?

Ethics programs matured and ethics officers, most of whom are selected from the managerial ranks with little, if any, special preparation, developed increased sophistication regarding the challenges facing their organizations. Both the ethics officers and their organizations began to embrace personal and corporate values in decision making (value-based decision making) as the logical expansion of the definition of what it means to be ethical. What has emerged is what many ethics officers today characterize as the “best practices” model of the ethics office and of a values-based corporation.

But change continues. What is emerging today is a more holistic definition of what it means to be a “good” corporation. This new, global view will again help to reshape the responsibilities and focus of the ethics officer.

The shift to a global perspective means another broadening of the definition of ethics. “Global Integrity” is the latest descriptor, and it embraces both compliance and ethics. It also adds concern for rule of law, human rights, good governance, labor/child labor concerns, anti-corruption/anti-bribery, concern for the environment, safety, social responsibility, good corporate citizenship, and respect for the whole diverse array of local cultures to the definition. This increases the organization’s obligation to reach beyond traditional company boundaries to consider how decisions would affect the surrounding community. One consequence of this new global definition of the organizational ethics is increased scrutiny by stakeholders, especially advocacy groups and the media.

Corporate ethics officers, especially those in multinational corporations and/or corporations with global suppliers/markets, are being challenged with fundamental questions in this expanded integrity area. Perhaps the most common, and most challenging, is how the corporation will balance the desire for global standards (consistency) against the need for local application of standards.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Corporate Governance


Corporate governance refers to the overall control of a company’s actions. Several key stakeholder groups are involved in governing the corporation.

  • Managers occupy a strategic position because of their knowledge and day-to-day decision making.
  • The board of directors exercises formal legal authority over company policy.
  • Stockholders, whether individuals or institutions, have a vital stake in the company.
  • Employees, particularly those represented by unions or who own stock in the company, can affect some policies.
  • Government is involved through the laws and regulations.
  • Creditors who hold corporate debt may also influence a company’s policies.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Codes of Ethics for Financial Executives


Financial Executives International (FEI) recommends that all senior financial professionals adhere to a strong ethical code of conduct, sign it annually, and deliver it to their company’s board of directors. Fr many years, members of FEI have signed such a code, in an effort to commit to its principles. Senior financial officers hold an important and elevated role in corporate governance. As members of the various management teams, they are uniquely capable and empowered to ensure that all stakeholders’ interests are appropriately balanced, protected, and preserved.

FEI’s code provides principles to which members are expected to adhere to and to advocate. It embodies rules regarding individual and peer responsibilities, as well as, responsibilities to employers, the public, and other stakeholders. Violations of EFI’s Code of Ethics may subject the member to ensure, suspension or expulsion under procedural rules adopted by FEI’s Board of Directors. The code states that all members of FEI will:

  1. Act with honesty and integrity, avoiding actual or apparent conflicts of interest in personal and professional relationships.
  2. Provide constituents with information that is accurate, complete, objective, relevant, timely, and understandable.
  3. Comply with applicable rules and regulations of federal, state, provincial, and local governments, and other appropriate private and public regulatory agencies.
  4. Act in good faith, responsibly, with due care, competence and diligence, without misrepresenting material facts or allowing one’s independent judgment to be substantiated.
  5. Respect the confidentiality of information acquired in the course of one’s work except when authorized or otherwise legally obligated to disclose. Confidential information acquired in the course of one’s work will not be used for personal advantage.
  6. Share knowledge and maintain skills important and relevant to constituents’ needs.
  7. Proactively promote ethical behavior as a responsible partner among peers, in the work environment and the community.
  8. Achieve responsible use of and control over all assets and resources employed or entrusted.
  9. Report known or suspected violations of this Code in accordance with the FE Rules of Procedure.
  10. Be accountable for adhering to the Code.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

The New Corporate Governance Structures


The most significant change in the restructuring is the heightened role of corporate internal auditors. Auditors have traditionally been viewed as performing a necessary but perfunctory function, namely to probe corporate financial records for unintentional or illicit misrepresentations. Although a majority of US corporations have longstanding traditions of reporting that their auditors operated independently of CFO approval and that they had direct access to the board, in practice, the auditors’ work usually traveled through the organization’s hierarchical chain of command.

In the past, internal auditors reviewed financial reports generated by other corporate accountants. The auditors considered professional accounting and financial practices, as well as, relevant aspects of corporate law, and then presented their findings to the chief financial officer (CFO). Historically, the CFO reviewed the audits and determined the financial data and information that was to be presented to top management, directors, and investors of the company.

Because CEOs and audit committees sign-off on financial results, auditors now routinely deal directly with top corporate officials. Approximately 75 percent of senior corporate auditors now report directly to the Board of Directors’ audit committee. Additionally, to eliminate the potential for accounting problems, companies are establishing direct lines of communication between top managers and the board and auditors that inform the CFO but that are not dependent on CFO approval or authorization.

The new structure also provides the CEO information provided directly by the company’s chief compliance and chief accounting officers. Consequently, the CFO, who is responsible for ultimately approving all company payments, is not empowered to be the sole provider of data for financial evaluations by the CEO and board.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

The Management of Creativity


Creativity has been defined in dozens of ways, but essentially it means the process by which novel but situationally appropriate outcomes are brought about. The field of creativity is in full bloom. Thousands of pieces of research have probed creativity. These researches have x-rayed such opaque matters as what kind of people are creative individuals; what motivates them; how creative people go about identifying, defining, and solving problems; what efforts are creative; what constitutes creative thinking, what techniques aid creative problem solving; what sorts of environments foster creativity; the assessment of creativity and the level of creativity of human efforts; etc.

The management of creativity in organizational settings is relatively far less researched, but is of great importance in a world of huge collective challenges and fierce competition. It fuses two fields—management and creativity. Management can be defined in many different ways, but broadly it is an organized effort at improving the functioning of organizations through such processes as the fixing of goals, the development and implementation of a strategy for achieving goals, the control of operations to ensure that goals are being met, the coordination of interdependent activities, the creation of structures and systems, the management of human resources as well as of other stakeholders and so forth.

As a field, the management of creativity has some distinctive aspects that differentiates it from general creativity. The management of creativity involves various collectives: dyads, teams, departments and divisions, organizations, associations of organizations, even governance systems of communities and societies. Even when one is discussing managerial creativity (the creativity of individual managers), the focus is on creativity displayed in a collectivity and relating to the various tasks that need to be performed in that collectivity. The work-related context channels creativity in important ways—towards achieving the goals of the collectivity and in discharging various management functions. The focus is not ‘pure’ art or science, or individual self-actualization, but on creative behavior in an organizational setting in which the organization’s goals, policies, structures, systems and so forth call the shots. Although individuals working in organizations certainly attempt to pursue their own interests, they do so keeping in mind organizational requirements, and this feature strongly influences the form that creativity takes in organizational settings.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, Line of Sight

CEOs—Worth Weight in Gold


Many years ago, Sultans were paid their weight in gold, thus beginning a traditional saying about individuals being worth their weight in gold. This statement is intended to be a positive assessment and most of us would greatly value being paid our weight in gold. However, would most CEOs also value that opportunity?

 

Stockholders and boards of directors have been trying to motivate CEOs to act in the owners’ best interests by increasing the value of the company which in turn increases shareholders’ wealth. Thus, executive compensation is a tool of corporate governance.

 

Corporate governance is increasingly important as part of the strategic management process. If the board makes the wrong decision in compensating the firm’s strategic leader, the CEO, the whole firm suffers, as do its shareholders. Compensation is used to motivate CEOs to act in the best interests of the firm—in particular, the shareholders. When they do so, the firm’s value should increase. Of course, some question what a CEO’s actions are worth. They are worth a significant weight (especially in the US) considerably more than the CEO’s weight in the gold.

 

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, Line of Sight

Public-private partnership


In this era of modernization in many aspects of public administration, most developing countries continue to follow century-old concepts and structures. They seriously need structural adjustment thereby launching legislative and administrative reforms, which stress a reconsideration of the role of the public administration in the conditions of democratization and market-economy. A greater emphasis needs to be placed on effectiveness of the public administration. The practice and legislation of such countries should affect patterns of the role of public sector and influence fundamental features of the system of governance. A common goal should be to introduce a more contractual, participative, discretionary style of relationship: between different levels and agencies in administrative apparatus; between the decision-making authorities and operating units; and between administrative agencies and producing units, public or private.

A major reform objective in public sector management should be to increase, within the framework of democratic accountability, cost effectiveness in the public provision of goods and services. Both citizens and public administration accept the need for improved quality in the public sector.

They need to hold high the aim of structuring an effective mechanism for achieving policy objectives, determined at central, provincial and local levels for increasing efficiency, effectiveness and accountability in providing public services.

The legality and the efficiency of providing such public services are of great concern. Local authorities are empowered to do something that is intended to assist the carrying out any role.

Outsourcing is a way of contracting out one or more functions to specialist companies. This allows the public entity to concentrate on its core activities. There are three primary reasons for the public administration to outsource. The first is to achieve cost-effective provision of services. The second is to provide a choice for the citizens of producing and supplying public services of different qualities and kinds. The third is simply because there is no alternative due to a lack of staff with the requisite skills; need of relaxing the administrative burden, which somebody other could deal with even better and concentrating the attention on the core administrative matters; short deadlines for implementation. This last reason for outsourcing is to meet the needs, which exceed the capability of the public administration staff, because of a shortage of either staff or skills, or which give added flexibility to the administrative organization.

Thus, the outsourcing can be seen as a process through which relationships are managed and adjusted according to arrangements specified and conditions planned by the administrative authority in the contract documentation. The focus here is not on the legal issues of the contract rather than on the quality of contracting as a mechanism for achieving policy objectives determined at all levels of government for increasing efficiency, effectiveness and accountability. From this perspective the outsourcing by public administration can be considered as a joint commitment to partnership between public and private sector operating as a co-operative device for providing public goods and services.

The trend towards greater satisfaction of public needs and consumer empowerment underlies the role of outsourcing by public administration. The outsourcing is encouraged to secure higher quality of public works and services, whereby contracting managers are located closer to the consumer and so are better able to respond to their needs in actual delivery. The role of consumers and end-clients with respect to outsourcing can thus be increased. The strategies of improving responsiveness through outsourcing on the one hand, and hierarchical distribution of the administrative functions on the other, can be combined in a successful model of public service delivery. The administrative authorities – at federal, provincial and local levels – might participate in the specification of services and in the determination of contractual standards and terms of agreement.

As part of administrative reform outsourcing by public administration should be a high priority. The corresponding legislation should be based on three main principles—transparency, non-discrimination involving open selection criteria and open standards, specifications and standards regulated by law; and open competition.

The framework agreements are significant for ensuring the execution of the administrative power intent of the outsourced functions. The federal, provincial or local governments can use outsourcing as a tool for providing public services when carrying out their functions. They use outsourcing to get public results, which should be achieved when the governments exercise their administrative powers.

The outsourcing in some way can replace the direct administrative action. Such outsourcing has the compulsory nature same as this of the executive action which it replaces. The administration can use administrative or seek lawmaking authority to bring about the result it desires, if it is nonetheless outsourcing. A realistic view is that the process of deciding to outsource as well as the very process of outsourcing is a valid exercise of administrative power. The offered and agreed terms of the contract are also exercising of the administrative power. Once the contract signed, however, the particular relationships issued by outsourcing are moved under the regulations of the private law.

The government functioning can be improved by redefining its role: Policy-making instead of operative decision-making. It should stimulate tools for establishment of working, efficient, rational and fair practice, design of efficient allocation of financial and administrative wherewithal; transparency and control. The government must also realize that developing a training strategy for skills and incentives is badly needed.

The overall proportion of outsourcing in the field of public administration is generally expected to growing. Demand will increase for a variety of reasons.

Successful outsourcing, however, presupposes the existence of an efficient market. In

Pakistan the market for some categories of public goods and services is deficient of professionalism, integrity, and fair play. Such situation is creating conditions for corruption.

From another side, outsourcing itself contributes to developing the market.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please contact www.asifjmir.com, Line of Sight

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