Essential Functions of an Ethics and Compliance Officer.
You get traveling down the right road if you have a legal
compliance program and an ethics program that does the following items. Do you have a
combined legal compliance and ethics program in which you have confidence these things
are being accomplished?
I am sometimes asked for a job description or a core list what an
ethics and compliance officer
does. The following list is not exclusive, and it is not the list
applicable to all corporationsAn Ethics Officer and a Legal Compliance Officer (or a combination office)
should have the ability, resources, and authority to:
- Maintain a working knowledge of relevant regulatory issues, of professional or
industry substantive codes, and of federal and state laws and regulations
- Maintain a working knowledge of relevant ethics issues, of professional or
industry ethics codes, and of ethics conflicts resolution techniques.
- Develop / implement / maintain the compliance program
- Establish a compliance focal point
- Develop / implement / maintain Standards of Conduct, related procedures
- Train affected parties. There are two aspects on which employees
need training. The first is legal compliance training. Employees need
training on what the legal rules are and how to comply with them. They
need tools and procedures that ensure that when an employee leaves then
his/her replacement can step in seamlessly. The second is ethics
training. An employee handbook is not an ethics program.
- Establish reporting channels for employees to use without fear of
retaliation
- Monitor the compliance plan for periodic updates when needed
- Reports to the highest level of corporate governance the effectiveness
and operation of the compliance and ethics program, in compliance with the
standards of the Federal
Sentencing Guidelines.
- Coordinate/conduct investigations to resolve compliance issues
- Establish / monitor controls for an effective compliance program
- Establish procedures and do the needed compliance reporting
- Oversee compliance investigations with company attorney and human
resources personnel.
- Respond appropriately if a violation is uncovered, internally (by
management or employee) or externally (by government or media).
Let me give you one tiny example of an essential function of a chief compliance officer. The task to "establish reporting channels for employees to use
without fear of retaliation" includes providing that anonymous reporting gets
proper attention. It is not enough for an employee or low level manager to report, the reports need evaluation
and action by someone other than the person who may be the subject of a reported
ethics or legal violation. Perhaps your company compliance officer will
suggest that you use a company like
Reportit, or
Silent Whistle, which
are examples of a third
party provider that provides the sSilent
Whistle by Allegiance, Inc. - Anonymous Feedback Solutionsecurity of anonymity to the reporting employee
while delivering helpful information to
the company. The details of getting governmentally mandated
"reporting channels for employees to use without fear of retaliation" in place takes
time, effort, and thought by your compliance officer.
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