Collaboration

When two companies announce a merger, competition and securities laws prevent them from collaborating in almost every way until the merger is closed.

Ethics and compliance professionals are one exception. These pros from both companies are allowed to collaborate pre-merger, so that on Day One the new company can have a unified set of values, a common code of conduct, a standard way of reporting and escalating allegations of misconduct — among other things.

This is allowed because E&C professionals from different firms don’t compete, even within the same industry. The nature of our work is intended to be cooperative. Yet, so few of us actually reach out to one another to learn and grow.

If antitrust laws allow us to collaborate pre-merger, why aren’t we collaborating even more on a regular day?

Give and take

Are you an ethics and compliance officer tackling something for the first time? A code, a policy, a training, an audit – anything?

The rest of us are here for you. Chances are, hundreds of us have done the very same thing before, and we could save you a ton of hassle. All it takes is a few minutes on LinkedIn or Twitter or ECI Connect to ask for help.

But if what you’re doing is truly novel and has never been done, then please share the learnings with the rest of us.

All of us are smarter than anyone of us.

What’s in a name?

The World Health Organization just updated its guidelines to name newly discovered diseases, viruses and variants.

The goal is to avoid negative impact on people, places, tourism and trade. It turns out that when you give a virus the name of, say, “Spanish Flu”, it doesn’t do much good for Spain and Spaniards.

Do you work in an organization where names are given to special compliance initiatives or projects? Do you use vague code names like “Project Maple”, or specific last names, geographic locations, or business unit names? If the latter, have you considered the possible negative impact on the employees covered by these labels?

If they knew

What would your mother think?

What if it were on the front page of the newspaper?

These two integrity tests apply strong emotional pressure.

But here’s a more subtle test, one that we can use for most interactions:

If the people you’re interacting with discover what you already know, will they be glad that they did what you asked them to?

Seth Godin, The Practice, #36

Investigations and trust

For Ethics & Compliance professionals, internal investigations are routine.

But for the average employee, they are not. Anyone participating in an investigation, either as a source, subject, or witness, will count the experience as one of the most emotionally-charged events of their career. They will remember where they were when the got the call from the investigator, and they will remember how nervous they felt when they entered the small, windowless conference room.

Investigators must therefore be as professional, fair, and kind as possible. In most cases, the employees they interact with will continue to work for the organization after the investigation, and they will share that experience with others.

Every investigative interview must be seen as an opportunity to build trust.

Catch a possible offense before it reaches your customer

Another songwriter is going back to the writing board for using an offensive term in a song.

This story reminded me of the importance of diversity within E&C when creating policies, training and various communications.

A diverse creative team is more likely to notice what could be considered offensive, not simply what is missing. If your company operates in multiple regions and languages, send a copy of your text to locals and native speakers before a mass distribution. And if your company has employee resource groups (ERGs), send them a copy as well. If you have unintentionally committed a faux-pas, they will let you know.

There’s a process for that

You can send an email to a new employee with a list of online course they need to complete, or you can meet face-to-face.

You can send a link to the corporate policy manual, or you can create job aids that ensure compliance with the policies.

You can write a code of conduct that reads like a bunch of rules, or you can describe the values you live by and the behaviors that go along.

You can keep the outcome of your investigations secret, or you can explain your rationale and show a fair and consistent process.

It should be clear that different processes lead to different cultural outcomes.

If you want a better culture, follow better processes.

If there is any part of your culture you don’t like, find the process responsible for it – and change it.

Are you getting what you pay for?

How much do you spend on online courses to educate your employees about ethics and compliance?

It’s not just the amount you pay to the course provider (internal or external), but also the time spent by the E&C personnel to administer the training platform, and the salaries of your employees while they take the training. In large corporations, the last item can be in the millions of dollars.

At the end of every course, employees should be asked “Will you be able to perform your work more compliantly as a result of taking this course?”

Compare the survey results to the amounts your are paying, and ask yourself if it’s worth it.


P.S.: Most companies don’t want to know.