Shipulski On Design

Our unhealthy fascination with ever-increasing shareholder value has officially gone too far.  In some companies dishonesty is now more culturally acceptable than missing the numbers. (Unless, of course, you get caught. Then, it’s time for apologies.)  The sacrosanct mission statement can’t save us.  Even the most noble can be stomped dead by the dirty boots of profitability.

Though, legally, companies can self-regulate, practically, they cannot.  There’s nothing to balance the one-sided, hedonistic pursuit of profitability.  What’s needed is a counterbalancing mechanism of equal and opposite force.  What’s needed is a new role that is missing from today’s org chart and does not have a name.

Ombudsman isn’t the right word, but part of it is right – the part that investigates.  But the tense is wrong – the ombudsman has after-the-fact responsibility.  The ombudsman gets to work after the bad deed is done.  And another weakness – ombudsman don’t have equal-and-opposite power of the C-suite profitability monsters. But most important, and what can be built on, is the independent nature of the ombudsman.

Maybe it’s a proactive ombudsman with authority on par with the Board of Directors.  And maybe their independence should be similar to a Supreme Court justice.  But that’s not enough.  This role requires hulk-like strength to smash through the organizational obfuscation fueled by incentive compensation and x-ray vision to see through the magical cloaking power of financial shenanigans.  But there’s more. The role requires a deep understanding of complex adaptive systems (people systems), technology, patents and regulatory compliance; the nose of an experienced bloodhound to sniff out the foul; and the jaws of a pit bull that clamp down and don’t let go.

Ombudsman is more wrong than right.  I think liability is better. Liability, as a word, has teeth.  It sounds like it could jeopardize profitability, which gives it importance.  And everyone knows liability is supposed to be avoided, so they’d expect the work to be proactive.  And since liability can mean just about anything, it could provide the much needed latitude to follow the scent wherever it takes.  Chief Liability Officer (CLO) has a nice ring to it.

[The Chief Do-The-Right-Thing Officer is probably the best name, but its acronym is too long.]

But the Chief Liability Officer (CLO) must be different than the Chief Innovation Officer (CIO), who has all the responsibility to do innovation with none of the authority to get it done.  The CLO must have a gavel as loud as the Chief Justice’s, but the CLO does not wear the glasses of a lawyer.  The CLO wears the saffron robes of morality and ethics.

Is Chief Liability Officer the right name?  I don’t know. Does the CLO report to the CEO or the Board of Directors?  Don’t know.  How does the CLO become a natural part of how we do business?  I don’t know that either.

But what I do know, it’s time to have those discussions.

Image credit – Dietmar Temps

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