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Political
Accountability and Corporate Donations
by Peter D. Kinder
There is no more important
issue today in American society than the role of corporate money
in politics. None.
Names - shorthand for large,
complicated, subtly intertwined scandals - roll from the pen: Enron
and Halliburton, Abramoff and DeLay, the Club for Growth and the
National Chamber of Commerce. Each evoke the interplay of corporate
money and political influence.
Of most significance about
these scandals is how little we actually know. Where did the money
go? From whom? Via whom? To whom? What did it buy? Those concerned
about corporate governance add: Who authorized passing the money?
What supervision did executives and the board exercise over them?
Those questions have answers.
But history tells us they usually emerge in the course of prosecutions
or litigation years after the events, long after anything can be
done.
In 1913 Louis Brandeis prescribed sunlight as the best disinfectant
for corporate misfeasance. Thirty years later, Brandeis's insight
guided the enactment of the Securities Acts, the most successful
of US regulatory efforts. Corporate political contributors need
a similar sunshine check on their actions.
Since an effective legislative
solution is unlikely, investors must protect themselves - and their
companies - by compelling their companies to disclose. To deter,
sunlight must shine at two points.
First, it must fall on the
company's policies, procedures and practices. Shareholders must
view their disclosure as a preventative - to let management and
the board know they are accountable.
Second, shareholders must
monitor key indicators for signs of political activity. These reveal
much about corporate and management character.
'Pay to Play' arrangements
have clear effects. Money buys access. But other corporate activities
- often licit - tell one much about companies.
Accountability on political
contributions and trade association memberships casts light on corporate
reality as opposed to the protestations of corporate social responsibility.
None is more telling than a company's tax policies, especially at
the state and local level. Tax breaks to corporations affect their
employees' tax rates. Since the give aways rarely come back in new
revenue, local school services and public amenities suffer.
For prevention, the best
approach was/is /always will be disclosure. Starting next month,
after more than a year's work, we at KLD will redesign our corporate
governance category of screens. We will focus on three areas: transparency
and accountability, public policy controversies and taxation.
Transparency and Accountability
will look at companies that have established guidelines for corporate
political involvement and how they are reported on.
Public policy controversies
will identify the public policy positions that companies take and
support - both industry related and more general issues.
Finally, taxation will spotlight
companies involved in local, state and federal tax disputes.
In the area of corporate
political contributions, KLD will work with the Washington, DC based
Center for Political Accountability (CPA). The Center seeks greater
transparency on corporate contributions by analyzing publicly available
data and by supporting shareholder resolutions requesting reports.
KLD's new governance screen
and the Center for Political Accountability's shareholder resolutions
share a common theme: Americans should hold their corporations accountable
for their effects on the community in the same manner as they hold
government accountable.
KLD's new governance screens
will cast some sunlight on corporate political activity. For corporations
to be good citizens they must be accountable to the people who allow
them to live and enjoy their privileges.
In the greatest words of
political wisdom never spoken, "Deep Throat" supposedly
told Woodward & Bernstein, "Follow the money!" What
was true of political activity is every bit as true of corporate
activity. Following the money usually leads to the truth.
No one should underestimate the difficulties in front of us with
the new screens or CPA with their resolutions. They go to the true
heart of the corporation. They reveal what the corporation stands
for, what the corporation's short and long term objectives as citizens
are.
Following the money means
that we are taking on a hard issue as opposed to a soft one. That
distinction, which most corporations make, puts these reporting
resolutions on very different grounds from, say, the resolutions
at ExxonMobil on diversity. Diversity is a classic soft issue. It
is one that many social investors regard as important substantively
and analytically. Performance and resistence tell us much about
the corporation's culture. But for the ExxonMobil's of the world
diversity is a diversion, a soft issue.
In contrast a hard issue
is one connected to corporate strategic objectives - and to management's
self-image - and their options. And affect their manager's compensation
and the value of the company's stock.
Thus, more is at stake here than simply holding corporations accountable.
The very existence of CPA's resolutions moves corporate accountability
to a new, much more sophisticated level. They look at the company's
most elemental relationship to society. What kind of elected officials
and judges are corporations giving us? What kind of policies - economic,
social, environmental - are corporations advancing? These resolutions
will be fought. We must be prepared for the battles.
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