Ethical Decision-Making For Auditors A Graduate School Program Alan Z. Goodman, Presenter Goodman Professional Development, Inc. 1 Proprietary Material Please Do Not Copy • This material comes from the Institute for Global Ethics (globalethics.org) • It is based on the work of the late, Dr. Rushworth M. Kidder, founder and President of the Institute for Global Ethics • …more information in “How Good People Make Tough Choices…” and “Moral Courage” along with other books by Dr. Kidder Goodman Professional Development, Inc. 2 Goals for this Presentation Participant Goals 1. Describe a wider range of auditor or financial manager ethical dilemmas; 2. Familiarize you with some tools to analyze dilemmas … 3. As well as tools to resolve those dilemmas … 4. Begin to develop ETHICAL FITNESS® Goodman Professional Development, Inc. 3 Goals for this Presentation Professional Goals Begin to integrate Ethical Fitness® into the control environment of the organizations you examine/manage 2. Enhance your influence re implementation of recommendations 3. Respond to the critical issues in ethics raised by you and your colleagues 1. Goodman Professional Development, Inc. 4 Control Systems: What do they tell us? CONTROL SYSTEMS seek to standardize behavior so people can predict how others will operate “Ethics control systems” can be described in terms of: SCOPE – complexity and resources ORIENTATION – compliance, values Goodman Professional Development, Inc. 5 Control Systems: What do they tell us? Corp. Ethics Programs as Control Systems* Weaver, Tervino, Cochran, Academy of Management Journal, February ‘99 Goodman Professional Development, Inc. 6 Control Systems: What do they tell us? COMPLIANCE orientation – coercive laws, rules, sanctions for misconduct as well as mechanisms to identify, investigate and prosecute misconduct VALUES orientation – achieving commitment/buy-in to organizational goals and values including mechanisms to ensure an environment supportive of ethics Goodman Professional Development, Inc. 7 Questions What is it about THE NATURE OF ETHICAL DILEMMAS that makes them so difficult to resolve? 2. How many CATEGORIES OR TYPES of ethical dilemmas can you describe? 1. Goodman Professional Development, Inc. 8 Questions 3. Describe some ETHICAL PRINCIPLES that can help resolve dilemmas 4. What is MORAL COURAGE and what gets in its way? 5. What are 3 types of IMPAIRMENTS TO INDEPENDENCE and how they lead to ethical dilemmas? Goodman Professional Development, Inc. 9 What Is Your Mission? • • • • What do you do? Who do you do it for? Why is it important? How does it tie into the big picture? • What kinds of ethical dilemmas derive just from your mission? Goodman Professional Development, Inc. 10 How We Are Going To Proceed? • By discussing influences on ethics in general and in auditing/financial management in particular • By considering the ethical environments we live and work in Goodman Professional Development, Inc. 11 Our Working Definitions • Ethics = study of the way we OUGHT to act (philosophy) • Ethics is the stuff of daily life it’s about “obedience to the unenforceable.” • Ethical Fitness® is not a luxury item … part of our survival kit for the future • At the very least it diminishes suffering and averts lawsuits. At its best, it saves lives.”* * Rushworth Kidder (founder, IGE) Development, Goodman Professional Inc. 12 Nine Checkpoints 1. 2. 3. 4. 5. 6. 7. 8. 9. Recognize you have an ETHICAL ISSUE Determine the ACTOR (whose dilemma?) Get the FACTS (motives, context) Test for RIGHT VS. WRONG Test for RIGHT VS. RIGHT (4 paradigms) Apply the (3) RESOLUTION PRINCIPLES Investigate TRILEMMA Options Make a DECISION & ACT (Moral Courage) REFLECT on decisions down the road Goodman Professional Development, Inc. 13 Reasons To Be Ethical • How does technology advance over time? – 1900 1920 1940 1960 1980 2000 2010 • Exponentially! So what? Goodman Professional Development, Inc. 14 Advancing Technology • What happened at Chernobyl? • What happened in Alaska re the Exxon Valdez? • What current business technology affects auditing and financial management? • How many people does it take to produce a catastrophic business failure? Goodman Professional Development, Inc. 15 Reasons to be Ethical: The C.E.M. • Take one INTELLIGENT person • Whose ACTIONS AFFECT OTHERS • Works in an environment of RAPIDLY MOVING EVENTS • Stir in an ETHICAL LAPSE • Bake briefly and you have • A ________________________! Goodman Professional Development, Inc. 16 The Formula for a V - CEM: • Take one INTELLIGENT person WHO WORKS FOR YOU OR WITH YOU • Whose ACTIONS AFFECT many PEOPLE • Place him or her into an environment of RAPIDLY MOVING EVENTS • Stir in an ETHICAL LAPSE • Bake briefly and you have • A _____________ CAREER ENDING MOVE! Goodman Professional Development, Inc. 17 The Domain of Ethics • Lord John Moulton’s 3 Domains “Positive Law” People do what they do or refrain from doing them because, there are sanctions for breaking the law “Obedience to the Unenforceable” People do the “right thing” because, it’s the right thing to do! Ranging from “I really should or should not do this” to “I really don’t have to, but I will anyway” Goodman Professional Development, Inc. “Free Choice” People do what they based on impulse because, anything they choose to do is right 18 Reasons to be Ethical: The Domain of Ethics • Can you think of any examples of Lord Moulten’s framework in action? • New York City examples? • Federal laws/regulations? Goodman Professional Development, Inc. 19 The Ethical Barometer • What does a barometer do? • Measures change • What evidence is there that the ethical barometer in the government is falling? • What evidence is there that the barometer is rising? • What can YOU do about it? Goodman Professional Development, Inc. 20 Compliance vs. Ethics? • Does legal = ethical? • When does a question of ethics arise? • When you are TEMPTED to do something that causes you to pause (based on your VALUES) • Right vs. Wrong = TEMPTATION Codes of Ethics/Values • What are MORAL VALUES? (vs. instrumental values) • Intrinsically good or right • What is the test for a moral value? • If Smith does not have the value of ________ can he/she still be ethical? • If Smith has the value of ________ does that lead to him/her being ethical? Goodman Professional Development, Inc. 22 Codes of Ethics/Values – Attributes 1. BRIEF and EASILY memorized 2. GENERAL and not too detailed in most cases 3. Stated as shoulds and should nots Goodman Professional Development, Inc. 23 Codes of Ethics, Values – Establishes a: 1. … CONSENSUS and a BASELINE or REFERENCE POINT for the “unenforceable” 2. Basis to talk about VALUES and hold people ACCOUNTABLE 3. An ENVIRONMENT within which we can create and carry out the mission… 4. A BASIS to evaluate and analyze policies 5. Way to create support for goals, plans, and tactics Goodman Professional Development, Inc. 24 Codes of Ethics – Examples Examples: Gandhi's List of Evils • Cowboy Code • Code of the Warrior Goodman Professional Development, Inc. 25 Gandhi's • • • • • • List of Evils to Remember Wealth without WORK Commerce without MORALITY Science without HUMANITY Pleasure without CONSCIENCE Politics without PRINCIPLES Knowledge without CHARACTER Goodman Professional Development, Inc. 26 Cowboy Code Of Ethics 1. 2. 3. 4. 5. Never shoot first, hit a smaller man, or take unfair advantage Never go back on your word or a trust confided in you Always tell the truth Always be gentle with children, the elderly and animals Must not advocate or possess racially or religiously intolerant ideas 6. Must help people in distress 7. Must be a good worker 8. Must keep clean in thought, speech, action, and personal habits 9. Must respect women, parents and his nation’s laws 10. The cowboy is a patriot Goodman Professional Development, Inc. 27 Code of the Warrior 1. 2. 3. 4. Gi –Right decision, based on truth Gu – Bravery Jin – Benevolence, compassion Rei – Right action. Reishiki etiquette It is better to die than to be impolite 5. Mokoto – Sincerity, truth of heart 6. Meigo – Glory without ego 7. Chugo – loyalty and devotion to the one who will teach you Goodman Professional Development, Inc. 28 Codes of Ethics Workshop • 1. 2. 3. 4. We are charged with coming up with the VALUES that will be inscribed in granite over the office door Brainstorming – list all of the “moral” values Individually - select your top eight In groups - derive the top eight for the group Now, let’s merge those into a consensus eight Goodman Professional Development, Inc. 29 Compared to other lists: • 1. 2. 3. 4. 5. 6. 7. 8. IGE around the world research: LOVE TRUTH FAIRNESS FREEDOM UNITY TOLERANCE RESPONSIBILITY RESPECT FOR LIFE Compared to other lists: • 2.05 The ethical principles that guide the work of auditors who conduct audits in accordance with GAGAS are • a. the public interest; • b. integrity; • c. objectivity; • d. proper use of government information, resources, and position; and • e. professional behavior. Compared to other lists: Ethical Fitness Seminar in Tokyo (July 1998) 1. HONESTY 2. FREEDOM 3. RESPONSIBILITY 4. FAIRNESS 5. LOVE Compared to other lists: 1. 2. 3. 4. 5. 6. 7. 8. Assessors - Newburgh: HONESTY LAWFUL FAIRNESS KNOWLEDGEABLE EQUITY COMPASSION INTEGRITY RESPECT Independence • 2 overarching principles re non-audit services: • Auditors should NOT perform management functions or make management decisions; and • …should NOT audit their own work provide non-audit services in situations where it is significant/material to the audit Goodman Professional Development, Inc. 34 Independence • In all matters relating to the audit work, the audit organization and the auditor should be free both in fact and appearance from: • PERSONAL, • EXTERNAL, and • ORGANIZATIONAL impairments to independence Goodman Professional Development, Inc. 35 Independence – Personal Impairments • Immediate/close family works for entity under review or can influence or has … • … a financial interest in the entity or program • … responsibility for managing/decisions that effect.. • Auditor maintained accounting records for… Goodman Professional Development, Inc. 36 Independence – Personal Impairments • Preconceived ideas re people, organizations or objectives … • Biases – political/social (from employment or loyalty to a group, organization, or level of government) • Seeking employment with an audited organization… Goodman Professional Development, Inc. 37 Independence – External Impairments • Interference … • …pressure that could limit or modify the scope, including pressure to reduce the work to reduce costs • …with selection/application or audit procedures or in selection of transactions to be examined • …in assignment, appointment, promotion Goodman Professional Development, Inc. 38 Independence – External Impairments • Restrictions on funds/other resources ... • Authority to overrule/influence auditor judgment as to the content of the report • Influence that jeopardizes auditor employment .. Goodman Professional Development, Inc. 39 Checkpoint 2–Determining the Actor • • • • Am I INVOLVED ? Am I RESPONSIBLE? Am I MORALLY OBLIGATED? Am I EMPOWERED to do anything? • Are my CORE VALUES involved? Goodman Professional Development, Inc. 40 Checkpoint 3 – Gathering the Facts • • • • Determine MOTIVES Determine CONTEXT Assess POTENTIAL CONSEQUENCES Look down the road as far as possible (annoy/hurt/kill) • Who can/should we consult with? Goodman Professional Development, Inc. 41 Checkpoint 4 – Right vs. Wrong • 1. 2. 3. 4. 5. Makes issues that should be “obviously” wrong stand out and easier to resolve LEGAL/CODE OF ETHICS Test – Does it violate a law or published code? PROFESSIONAL STANDARDS Test – Does it violate any unwritten expectations? Gut Level or STENCH Test FRONT-PAGE Test MOM & DAD ethical role model test Goodman Professional Development, Inc. 42 Checkpoint 4 – Right vs. Wrong • • • • • • • If it fails 1 test use CAUTION If it fails 2 or 3 then STOP! Legal Test – laws/codes/regs Professional Standards Test Gut Level or Stench Test Front-Page Test Mom & Dad ethical role model test Goodman Professional Development, Inc. 43 Checkpoint 5 – Right vs. Right • An ethical dilemma is • A conflict of core moral values di means two and lemma means principle – It’s the situation and not the choices • The IGE research has developed FOUR categories or paradigms of ethical dilemmas Goodman Professional Development, Inc. 44 Checkpoint 5 – Right vs. Right • • • • • TRUTH VS. LOYALTY INDIVIDUAL VS. COMMUNITY SHORT-TERM VS. LONG-TERM JUSTICE VS. MERCY What is the point? Goodman Professional Development, Inc. 45 Checkpoint 5 – Right vs. Right 1. Cuts through the MYSTERY, COMPLEXITY and CONFUSION… 2. Strips away EXTRANEOUS DETAILS.. 3. Separates RIGHT v. RIGHT from RIGHT v. WRONG… 4. Helps us see if we have a BIAS … Goodman Professional Development, Inc. 46 Right vs. Right Paradigms • TRUTH VS. LOYALTY - Other variations could be: • Honesty vs. Sensitivity • Objectivity vs. Subjectivity • Knowledge vs. Feelings Goodman Professional Development, Inc. 47 Right vs. Right Paradigms • Why is the value of loyalty so problematic? • Personal loyalty: – pays my salary, – determines my assignments, – does my evaluations • • • • • Emotional loyalty I love him/her, the job Tribal loyalty - Us versus Them Political loyalty - They represent my beliefs Intellectual loyalty the earth is flat! Organizational loyalty to job values • Integrated loyalty to core values Goodman Professional Development, Inc. 48 Right vs. Right Paradigms • INDIVIDUAL VS. COMMUNITY -- Other variations could be: • Him or her vs. Them • Us vs. Them • Goodman Professional Development, Inc. 49 Right vs. Right Paradigms • SHORT-TERM VS. LONG-TERM – Other variations could be: • Now vs. Later • Immediate vs. Delayed • Goodman Professional Development, Inc. 50 Right vs. Right Paradigms • • • • JUSTICE VS. MERCY – Other variations? Toughness vs. Compassion Factual vs. Interpretative Honor vs. Discretion Goodman Professional Development, Inc. 51 Analyzing Dilemmas Participants will have an opportunity to tell their stories without telling what ultimately happened End each story with: • “On one hand it would be right to ________ because it would be ___” “On the other hand it would be right to ________ because it would be ___” Goodman Professional Development, Inc. 52 Checkpoint 6 – Resolution Principles • How do we choose the higher right? • Consider 3 principles that have come down through time: • ENDS-BASED THINKING (Utilitarianism) • RULE-BASED THINKING (Duty or obligation) • CARE-BASED THINKING (Golden rule) Goodman Professional Development, Inc. 53 Resolution Principles • ENDS-BASED THINKING (Utilitarianism) • A one-time decision for this instance and the criterion to use is: • Which choice will produce THE GREATEST GOOD FOR THE GREATEST NUMBER of people or the least harm to the fewest people • What are the problems with this approach? Goodman Professional Development, Inc. 54 Resolution Principles • RULE-BASED THINKING (Immanuel Kant) • An “always” decision and the criterion to use is: • Which choice coincides with a moral/ethical duty or obligation that should apply universally? • “If everyone followed the rule of action I am considering, is that the kind of ethical world I want to live in?” • What are the problems with this approach? Goodman Professional Development, Inc. 55 Resolution Principles • CARE-BASED THINKING (Golden Rule) • Do unto others as you would have them do unto you… • Do NOT do unto others that which you do NOT want done to you… • Apply the rule of reversibility. • What are the problems with this approach? Goodman Professional Development, Inc. 56 Applying the Resolution Principles • The goal is to THINK! • Recall your dilemma and try to determine the higher right by using EACH OF THE PRINCIPLES • Which will produce the GREATEST GOOD? • Which choice reflects my PRINCIPLE /DUTY/ OBLIGATION? • Which choice if I CHANGE PLACES with a stakeholder? Goodman Professional Development, Inc. 57 Checkpoint 7 –Trilemma Options • One of the benefits of doing this analysis is that sometimes a THIRD WAY OUT emerges. • Check it against your values and don’t cop out Goodman Professional Development, Inc. 58 Checkpoint 8 – Making A Decision Acting With Moral Courage • What is COURAGE? • Webster – that quality of mind which enables one to encounter danger and difficulties with firmness, or without fear, or fainting of heart. • John Wayne – “Courage is being scared to death and saddling up anyway.” Goodman Professional Development, Inc. 59 Checkpoint 8 – Making A Decision Acting With Moral Courage PHYSICAL COURAGE Risks are of: • Physical harm or injury • Pain • Loss of life Risks occur if you are UNSUCCESSFUL Who is capable of it? MORAL COURAGE • • • • • Risks are of: Humiliation Ridicule Contempt Unemployment Loss of social standing Risks occur if you are SUCCESSFUL Who is capable of it? Goodman Professional Development, Inc. 60 Checkpoint 8 – What Makes Moral Courage So Challenging? • Three latent fears • AMBIGUITY – Issues are becoming more complex and we can rarely be “sure” • PROMINENCE – Human nature leads us to want to shrink from prominence, to find hiding places and to avoid leadership roles • DISCOMFORT – Moral courage can be messy, uncomfortable, and disturbing. We may have to challenge our own fundamental beliefs. Goodman Professional Development, Inc. 61 Checkpoint 9 – Reflecting on the Decision • Not about second-guessing ourselves • About the possibilities and insights • What does my pattern of decision-making tell me about myself? • If I always come down on the side of _______ what does that tell me? Goodman Professional Development, Inc. 62 Action Plan • What will I do differently tomorrow? • What dilemmas or tough choices do I expect to be facing at work? • What dilemmas or tough choices to I expect to be facing at home? Goodman Professional Development, Inc. 63 The Nine Checkpoint Process 1. 2. 3. 4. 5. 6. 7. 8. 9. Recognize MORAL/ETHICAL ISSUES involved Determine the ACTOR Get the FACTS Test for RIGHT VS. WRONG Test for RIGHT VS. RIGHT Apply the RESOLUTION PRINCIPLES Investigate the TRILEMMA Options Make a DECISION AND ACT (moral courage?) Revisit and REFLECT on decisions down the road Goodman Professional Development, Inc. 64 Thank You For Your Participation • Please complete the evaluation and feel free to contact me with any questions or comments. Email Alan Goodman at: • AlanZGoodman@aol.com Goodman Professional Development, Inc. 65