Every Four Years
By Ed | January 18, 2008
Primaries, caucuses, polls, comebacks… it’s a presidential election year and for ethics and compliance officers that means a long list of potential risks and challenges. A recent article in the Wall Street Journal detailed the efforts that campaign staffers are making to “bag trophy supporters” - influential executives who will fund raise and publicly work on the candidates behalf. To me, the article was one red flag after another and it got me thinking about specific steps that ought to be taken to head off embarrassing incidents or worse.
To begin, this is the perfect time to review your Code and policies to make sure they’re clear and up-to-date about contributions and campaign financing. These issues are complex and can vary from state to state. Email reminders to employees, especially senior managers, reminding them of the rules and encouraging them to ask questions if they’re in doubt is probably a good idea. This is especially important if you’re a government contractor or if your company or industry has a PAC.
But beyond campaign financing, sometimes employees are unclear about the limits on using company resources for political activities. Most have no problem making the easy calls: it’s not OK for an employee to make copies of campaign flyers. Emails to clients or customers urging them to support a candidate would be clearly wrong. But what about some of the tougher calls? For example, do you allow use of company facilities for rallies? Do you make exceptions if the rally focuses on particular issues – like healthcare, energy or defense – that are directly related to your business? Do you make exceptions if your CEO or a senior executive is a supporter? Which brings me to another set of problems.
What if a senior executive hosts a fund raiser and encourages peers and subordinates to attend? Does it matter if the event is off site and after hours? What constitutes inappropriate pressure? What happens to those who decline? How would you respond to a complaint from an employee who feels he is being retaliated against by his boss ever since they discussed their political preferences? Is there anything you can or should do if your CEO or a senior executive chooses to publicly support a controversial candidate?
Most companies prohibit employees, without clearance, from speaking on behalf of the company and publicly endorsing a candidate, but what do you do if a sales associate insists it’s her right to wear a candidates’ button when visiting customers?
The issues can be most difficult when a senior executive is an enthusiastic supporter. In the worst cases they see their choice as the only reasonable one and can’t understand how anyone could disagree. If asked, they often won’t see their advocacy as unacceptable pressure on subordinates or as creating tensions in the workplace, instead they’ll defend it as their right and even their public obligation. If you’re faced with a tough challenge like this, remember there is good news: there’s only eleven more months to go.



