Mr. Ed Speaks on Ethics
Over the years I’ve picked up several nicknames, some of which do not bear repeating. One that has stuck, much to my chagrin, is “Mr. Ed,” after the verbally-enhanced horse of sitcom fame. At first I was irritated to be called by a horse’s name, but then I figured, hey, it could be worse. They could call me Francis, like the talking mule in the old movies. Then I realized that Mr. Ed sometimes gave good advice, “horse sense” you might call it. So, in that spirit, I share 12 questions that make up this Mr. Ed’s Ethical Checklist.
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1. Why am I facing this situation? I have to remember that ethical circumstances are not unique. Everyone in purchasing either has faced them or will. I’m not necessarily here because of anything I have done wrong. It just comes with the territory. But I can reduce the frequency of these situations by transparency and by making sure all parties know in advance what they can and can’t do – what is acceptable behavior, and what isn’t. To this end I continually review policies, procedures, and standard terms and conditions.
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2. Is everybody really doing it? No. What else can I say?
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3. Is anyone going to know? Yes. Me, for sure, and that will impact my future work. But there is a very good chance that my decision and the motives behind it will become known to many. Life just works that way. Do I really want this decision on the front page of the local newspaper?
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4.Is the something I’m getting truly worth it? Everything has a price, but every decision also has payments, tangible or intangible. What am I going to get out of this? A bonus, a raise, a kickback, more prestige, more influence and power, less hassle and aggravation? I also could be rewarded with a reprimand, public embarrassment, a dismissal, a change in careers, a fine, or a jail term. Do I really look good in an orange jumpsuit? I’m not going to kid myself. There are some advantages to taking a dubious course of action. But counting the cost puts everything in the proper perspective.
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5. Does this meet the old ‘Looks Like a Duck’ test? In other words, can I truly sell this decision to others, or will they see the obvious? Some duck tests are pretty clear-cut. But right and wrong in other ethical predicaments is not so easily defined. What about those situations where it looks like a duck, walks like a turkey, and squawks like a chicken? Do I take a chance because it could be read several ways? Or do I rely on Mom’s old advice, “If you have to ask, don’t do it.”
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6. Is it OK if I really trust everyone involved? Sure, the folks impacted by my decision may be some of the best vendors or best contacts in my entity. Heck, they might even be friends. Not all enticements to ethical misdeeds come from strangers. More frequently, it is the well-meaning person who simply wants to “speed up the process” or “make sure I get what I need.” I mustn’t ignore possible repercussions from a decision I make to “help out” a fellow employee or outstanding vendor. I know that our profession is filled with people with bus tire marks on their back.
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7. Will others recognize an ethical lapse that I don’t see? When I was in retail management, a lady complained to me about something one of my employees did. When I discussed it with the employee, she said, “I don’t know why that lady complained. If someone did that to me, I wouldn’t be offended.” That may be true, but in our dealings with the public, it is their standards we try to meet as much as possible. I may not see anything wrong with a particular course of action, but if others do, should I still pursue it? For example, I don’t think there is anything inherently wrong with accepting minor advertising giveaways from vendors—things like pens and notepads. But I don’t accept them. Suppose I have a calendar in my office from Joe’s Body Shop, and a competitor comes in to talk about the upcoming contract. He sees the calendar and later tells people not to bother, that Joe has the inside track. And then if Joe actually is the low bidder? Am I creating a unnecessary conflict for myself over something trivial, something I could avoid if I looked at it through the eyes of others?
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8. Am I being used as a pawn? Am I being set up so someone can get at another employee, a department head, the city manager, an elected official? Or maybe a vendor is just trying to sabotage a competitor, so he proposes a “slight modification” to the bid package. Hey, these things happen. Office politics and political in-fighting could easily spill over into purchasing. It calls for clarity to see beyond the surface and recognize motives.
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9. Am I being consistent? Consistency sometimes gets a bad rap. Not only is consistency the best defense, it is flat out the best practice. Why do I want to deviate from the established pattern? Do I need to make an exception in this case? Really? Why?
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10. What will be expected next time? Hand in hand with consistency goes future expectations. If I make an exception this time, if I compromise a little, what will those involved expect from me next time? Maybe a little more favoritism, a little greater bending of the rules? After all, I’ve already established my willingness to go outside the box. There’s an old Mickey Rooney movie called “Quicksand” in which Rooney’s character “borrows” 20 dollars from his employer’s cash register. To pay it back, he gets the money from a loan shark and ends up owing the gangster 100 dollars. To pay back the gangster … well, it’s downhill from there. Every step takes him deeper into the quicksand. But that’s just the movies. That stuff doesn’t happen in real life. Yeah, right.
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11. Am I tempted to look the other way? Sometimes the ethical situation involves the activity of another person, and my only temptation is ignore what’s going on. If I’m not directly involved, it’s easy to look the other way. Easy, but wrong. I may rationalize the need to maintain a good working relationship with the person involved, but is that really in my best interest? Through a couple of safeguard failures on our part, a vendor ended up changing his bid after it was open and read. This company had performed admirably in the past, and the employee involved didn’t truly reflect his company’s desires. Since the change didn’t actually impact the award, would looking the other way be a serious breach of ethics? There may be no “dumb questions,” but that one comes pretty close.
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12. How can I draw the line, but keep the door open? Most ethical issues in purchasing arise from lack of understanding or communication, rather than trying to do something blatantly illegal. Sometimes it’s a vendor, like the one on my first purchasing job who sent me a Christmas card with a 100 dollar savings bond. I could have used the money, and he already had a contract with our entity, but I sent the bond back with an appreciative note explaining why I couldn’t accept it. Sometimes it’s a co-worker in another department who has figured out a way to keep a favored vendor through the use of creative specs. My standard response is usually, “Tell me what you want to accomplish, and I’ll do everything I can that is legal and ethical to make it happen.” I don’t want to intimidate or threaten. I want to inform, educate, and keep the channels of communication open for further work.
There’s one additional question. Sometimes it is the only one I need to ask. Have I already decided what to do if a case like this arises? I believe, as much as possible, professionals need to envision all types of scenarios and plan their responses in advance. As a teenager, I remember our preacher telling us that once you’re in the backseat of a car, it’s too late to decide what your moral values are. Obvious lesson: Plan on ethical challenges before they happen, then act accordingly.
So there you have it, ethical guidelines straight from the “horse’s mouth.” Of course, of course.
About the author
Ed Matthews, CPPO, is retired from the city of Irving, Texas. This article is based on the winning entry in NIGP’s 2011 Ethics Essay Award contest.
