Be Yourself and Promote Without Stress!

Every time you come into contact with someone, you are promoting.  It could be as simple as promoting who you are, as a person.  You could be promoting what you think or believe in or just about anything that passes in your head.  Or you could be promoting your abilities and expertise’s and utilizing that time to maximize your ability to make money.

I have been very fortunate in that what I have done most of my life has let me do things that I am good at by choice and also things that I enjoy and also has given me the ability to help others.  That is why handwriting analysis and handwriting formation therapy was a great addition to my repertoire of talents and services both professionally and also as a humanitarian.

So how can YOU promote your talents and abilities and let the world know what YOU can do and HOW you can help them?

First, make sure all your support circle (your friends and family) know what you are now trained and certified in and how that is a benefit to MANY type of people with many KINDS of problems.

Be sure to :

  1. Tell them about it in one on one conversation – “Hey, did you know I just finished some continuing education and was certified as a……  I can’t tell you how excited I am”
  2. Send out a mass email to your friends, colleagues and exiting business relationships.  Tell them how excited you are and WHY you are excited and also offer a free demonstration or consultation.
  3. Print up cards – not business cards but something that is catchy like – “Hangman – it’s not just for kids and I will tell you why.”  Then just have your name and email and phone number below it.  Give it to everybody!!!  I mean it!
  4. If you Tweet or Facebook, talk about it.  Tell people about your training and then draw the attention away from you and start talking about examples of handwriting, cases, etc you see in  the media.  If one of our group talks about it, “share” their post as well to stimulate conversation.  (Let me tell you a secret about Facebook.  If you entertain people 85% of the time and make them think 12% of the time, you get to talk about yourself 3% of the time and every body not only allows it, they appreciate it and that is all it takes to get new clients when you have a network that is expanded by making your posts available to the public.)
  5. Call your local newspapers and offer to submit articles about cases or subject matter pertinent to your expertise.  They may not all get accepted but it just takes one or two to get you some exposure and to add to your credibility.
  6. Check out professionally conferences in your field(s).  For example, as an investigator and a mental health advocate, I have spoken at conferences in both arenas.  Treyce has some ready- made presentation or you can easily make a PowerPoint presentation to cover an hour talk about so many subject matters from so many perspectives.  And most conferences never have enough presenters and would love to have you submit.  It is also a great place for you to network and find new clients for yourself.

Here is just a few ideas.  Don’t’ be nervous and don’t be afraid to ask for help!!!!  My best to you all!!!

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Nonprofits and Liability

When does a non-profit need to worry about liability and exposures?   The day it opens for business. A non-profit organization faces most of the same liability exposures as a for profit corporation.

These liability exposures can be broken down into different categories. Two main issues are employment and liability exposures.

With employment, there is the exposure of hiring the wrong person.  Wrong person can be defined as the wrong personality, a peson who lacks the proper skills or someone who brings their own liability issues by having a criminal history.  This includes paid staff and also volunteers that are often the backbone of a non-profit organization.

Many organizations are not aware that volunteers have the same rights to protection as do paid employees.  As well, non-profits can be exposed by the actions and activities of volunteers.

EMPLOYEMNT ISSUES

Much of the liability from inefficient hiring practices can be prevented by performing pre-employment background checks on both volunteers and staff. The purpose of screening is to aid volunteer and non-profit organizations and agencies in determining whether prospective volunteers and staff have a pattern of criminal behavior that would make it unwise for them to be working with vulnerable populations.

Pre-employment background checks

      Helps protect non-profit organizations from negligence claims

      Helps ensure safety of vulnerable populations such as children and the elderly

      Helps protect non-profit organizations from negligence claims

Although the majority of surveyed nonprofit human service organizations conduct some screening, most agencies that serve vulnerable populations could benefit from more thorough and comprehensive volunteer screening practices.

The urgency of such questions has risen in recent years, as millions of volunteers (61 million in 2006)(1) donate billions of hours, sometimes serving in roles previously reserved for paid staff.  Thorough security practices, play a critical role in protecting vulnerable clients from harm and nonprofit organizations from liability.

Organizations that do not screen volunteers reported a variety of reasons, including the cost of screening, questions about the usefulness of screening, and concerns about offending potential volunteers.  Of those that do screen, nearly 50 percent had identified “inappropriate” volunteers through screening.

LIABILITY ISSUES

Liability exposure is the peril of not having the proper insurance policy and coverage to cover the people that work for the non-profit and also those that are served by the non-profit, along with the general public.

These categories are defined really by the insurance coverage that responds to them. The main liability exposures to non-profit organizations are as follows:

      General Liability Exposure

      Workers Compensation

      Professional Liability

      Employee Benefits Liability

      Auto Liability

      Directors Liability Exposure

_____________________________________________________________________________

General Liability Exposures

Bodily Injury

Property Damage

Personal Injury

 

Worker’s Compensation Exposure and Coverage

Worker’s Compensation provides coverage in two parts. Part one is the statutory benefits for the injured employee. Part two is the “Employer’s Liability” coverage.

Worker’s Compensation coverage is REQUIRED by law.

Please remember that you have NO defense in the event an employee is injured and you do not carry worker’s compensation coverage. You WILL pay the statutory benefit to the injured employee. Bankruptcy is not an option. The personal assets of the directors and officers WILL be attached if there are no other assets. Directors and Officers coverage WILL NOT defend the D&O’s and the organization if you fail to maintain workers compensation coverage.

 

Professional Liability

Directors and Officers Insurance does indeed provide coverage for Professional Liability. However, there are two very important reasons why you should look at a separate policy for professional liability

Directors and Officers does not provide for Bodily Injury claims.

The directors and officers policy may specifically exclude coverage for certain business practices of a non-profit organization.

Employee Benefits Liability Exposure and Coverage

Employee Benefits Liability applies to errors made by the human resources individual in your organization responsible for administering the employees benefits. Liability arising from providing erroneous information concerning group health, COBRA, worker’s compensation, and other employee benefits can be insured by purchasing an employee benefits liability policy.

Fiduciary Liability Exposure

Fiduciary Liability arises when promised results are not met, or when you are accused of giving bad financial advice.

Auto Liability Exposure and Coverage

Liability arising out of the ownership or use of an automobile. If you own vehicles, purchase the insurance. If you do not own vehicles, add hired and non-owned auto liability to your General Liability coverage. If you frequently rent vehicles, add hired physical damage coverage to your auto policy and avoid paying the rental car waiver fees.

Directors & Officers Liability Exposures & Coverages

The exposures facing directors and officers are unique and complex. Any action taken by a board member can be legally challenged by a third party. In addition, the scope and impacts of the directors and officers duties are continually expanded by the courts. Direction of the non-profit organization has an impact not only on the organization, but on the employees and volunteers of the organization. Directors and Officers are now held accountable for the business practices of the organization such as hiring and firing of employees. 

Nonprofits are vulnerable because they are mission driven. Everyone is working based on the belief that the mission is important and everyone in the organization is passionately working for the cause.  No matter how deeply you are engaged in your mission, how much you hate dealing with the money, or how short staffed you are, never ever entrust one person to handle all the matters. 

ISGU can help you make safe, informed decisions about the people you work with, the companies you contract with and the policies and procedures needed to help you make these decisions.

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“On Site Drug Testing” by Barbara Barton

Drug testing is of major importance in the hiring process.  Just as important is continued random screening to reduce the possibility of having employees working under the influence of drugs. 

Statistics from the National Institute of Drug Abuse and the Department of Labor show that:

1.  70% of drug abusers are employed. 

2.  8.5 Million employed persons are drug abusers.

3.  One out of ten employees has a drug problem

4.  Pre Employment drug screening, without continued random testing defeats the purpose of screening.

Methods of drug testing are by urine, the most reliable, and saliva, a less restrictive method.  There are outside agencies that can test for you, however, one of the least expensive and a reliable method is on site testing.  Certification of in house Human Resource personnel is quick and easy, SBI, Inc. can arrange for your product, urine or saliva testing devices, and certification.

Depending on individual state laws as to when you can test, either before hiring or after a contingency job offer has been made, you can do in house drug testing which is more prudent than sending someone to an outside lab.

With the exception of applicants or employees that fall under the Department of Transportation (DOT), regulations, in house testing is a cost saving alternative. 

Whether your drug tests are for DOT employees or not, if you choose to use an outside laboratory or a doctor’s office a main consideration for getting reliable results is to never let an applicant or employee go for testing without an escort.

Why?  If you check on line there are more methods of contaminating or making a drug test inaccurate than there are methods of drug testing and detection.  In our experience over twelve years we have seen and heard of some astonishing ways to avoid detection.  Convenience stores, health food or vitamin outlets have products such as Clean Whiz to adulterate a specimen.

Some chronic drug abusers may use one of the following methods to avoid detection:


1.  They carry small vials of clean urine on their body in the event they are tested.  By carrying it on their body they hope that the temperature will be close enough to body temp to fool the collector. 

2.  They carry packets of products to put into the specimen to adulterate it. 

3.   Some wear a belt that wraps around a bag to hold clean urine that has a “hose” that extends down their body.  By using this method, even with an observed collection they hope to avoid detection.

Your drug collection site must have a strong, consistent protocol to protect you from inaccurate drug test results.  Ideally a person in management should go and request a demonstration of their protocol.  Men should not be allowed to wear coats or jackets, belts, or take their wallets into the area that is secured for testing.  A secure area for collection means color tinting in the tank and bowl of the commode.  There should not be any cleaning or other chemicals of any type left in the collection area.  Faucets should be taped so that water cannot be drawn to dilute a specimen.  Women should not be allowed to wear jackets or coats into the collection area, and purses should not be allowed.  Ingestion of water should be limited.

There are convenient, reliable products for urine or saliva testing for in house testing.  For non DOT applicants or employees in house testing catches the applicant off guard and may generate more reliable results.  Your in house collection site must be secured in the same way as a lab or doctor’s office.

Urine is more sanitary than saliva, the collector should protect themselves with latex gloves, and the subject being tested can also wear gloves and be asked to seal the cup, tilt it, and if it is negative dispose of the urine and cup.  Results of the testing takes five (5) minutes, cups from 5 to 10 panels of detection are available. 

Saliva testing takes approximately two to four minutes for collection.  Protection with latex gloves should also be used.  SBI, Inc. strongly recommends that if you choose to use saliva testing products that they are NOT instant result devices.  Testing has proven that these instant saliva tests are NOT reliable.  Saliva tests should be sent to a lab for proper testing.

Urine testing shows drug use over an extended period of time, saliva only detects usage generally within the last 24 to 48 hours.

 

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As the daughter and grandaughter of public servants….

The following story saddens me on many levels.

It Is Tough Times for the People in Blue:

By CNN Ann On’Neill

As police in Florida prepared for the funeral of two Miami-Dade County police officers gunned down in the line of duty, shots rang out Monday in St. Petersburg, on the other side of the state. Two other officers fell dead and a federal marshal was wounded. Follow updates on CNN and affiliate WFTS-TV.

On any given day, such violence against police officers would be disturbing. But the fatalities capped a particularly violent 24 hours in the United States for the men and women in blue. Eleven police officers were shot.

“It is a very disturbing trend for all of us,” said Hal Johnson, general counsel for the Florida Police Benevolent Association. “Florida has never seen a streak like this. I don’t think anybody has.”

It is natural to search for answers, Johnson said, even if there aren’t any. The shootings do not appear to be related, and the motives may never be known. Declaring it to be open season against police officers seems dangerously simplistic, he added.

He sees the shootings more as acts of desperation.

“They are shooting at people they know have guns,” Johnson said. “I don’t know what’s going on out there, but I’ve never seen it like this. I do see the developing of a callousness. It’s almost as if shooting a police officer has lost its shock effect.”

Consider:

On Sunday, four officers were shot in a Detroit police station by a man who walked in, firing randomly. Lamar Deshea Moore was shot to death by police so his motive may never be known, but local reports say a relative was awaiting sentencing for double murder. Two of the police officers remain hospitalized. For more, read CNN’s update and affiliate reports from the scene: WXYZ-TV and WDIV-TV.

Two deputies were shot outside a Walmart in Port Orchard, Washington, near Seattle, on Sunday. Check out CNNKIRO-TV and KOMO-TV for the latest updates.

  A police officer is in a coma and in critical condition after being shot during a traffic stop early Sunday in Indianapolis. Check out WTHR-TV and WISH-TV for updates.

In Lincoln City, Oregon, a police officer was shot Sunday night during a traffic stop. The officer is in critical condition. Check out affiliate KOIN-TV for more information.

Although they do not appear to be related, the weekend shootings follow two other violent incidents last week involving police officers, including the Miami killings and a slaying in Lakewood, New Jersey.

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Due Diligence

Youve heard it over and over. The best defense is a great offense. Knowing what problems may arise and how to avoid them is sometimes the whole war being won. Know who to hire and what tools to use, is the key to having the right team.

The process of gathering information you need to know can be summed up in two words – Due Diligence.

Due diligence is the process used to investigate and evaluate a business opportunity of all kinds. This can be from the process of hiring an employee, to the point of making a business acquisition or anyone in the process or offering or accepting venture capital.

The term due diligence describes a general duty to exercise care in any transaction. As such, it spans investigations into all relevant aspects of the past, present, and predictable future of the business of a target company or the person you are interested in making an offer to. Due diligence sounds impressive but ultimately it translates into basic commonsense success factors such as “thinking things through” and “doing your homework”.

What does Due Diligence Involve? Due diligence involves a detailed research into a company and its plans. It involves:

     The business’s identity.

     The business’s financial health.

     The credibility of the business’s owners, directors and senior managers.

     The future potential of the business.

     An assessment of the risk involved in your business.

Due Diligence of an individual includes much of the same thing:

     An Individuals’ Identity – Verifying the person is who they say they are.

     A background includes confirming basic identifying information such as name and SS#.

     An individual’s financial health, can include litigation records, UCC filings, liens and bankruptcies and credit history.

     An individual’s credibility – Criminal records, verification of past employment and business relationships, education and activities in the community

This information helps to establish if this person is the right choice for the position you are considering them for. An assessment of the risk involved in your business based upon an individual, can be further analyzed by doing just that, assessing the individual with an in depth assessment or personality profile. One of the best reasons for Due Diligence: To prevent any unnecessary surprises while conducting business and to eliminate the cost of employee turnover!

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Physician, Heal Thyself!

I have been in business for myself since I was 21 years old.  I have owned my own private investigative business since I was 25.  There are many things about owning your own business that are tedious – accounting, marketing and some of the basics things can be pretty dull.  And there are parts of the investigative filed that can get dull – sitting for hours on end, watching NOTHING HAPPEN can be a pretty good indication that this industry is not much like what they show on TV and then again at times, it is very much like what you see on TV.  I’ll explain in a bit.

First, let me tell you that I woke up one day and realized I did not feel like “me”.  I knew that this had been something I was aware for a very long time and had chalked it up to many excuses – “I was tired.” – “I was getting older.”  – “I was dealing with stress.”  – “I was dealing with grief.”   Well, you get the picture.  Something was missing.  I just couldn’t put my finger on it.

Now here is where investigations is LIKE what you see on TV.  We are dealing with people – all kinds of people.  And to be good at what we do you have to study people and the things they STUDY to understand them better.  To improve my business, I have taken all kinds of classes and seminars in the study of people.  Zig Ziglar, Tony Robbins, NLP, fire walking, meditation, mental health classes – you name it, I have probably studied it in some form or fashion.  I even had as my personal coach, Lisa Nichols, from the Secret.  The upside to all this study is not only did I understand human nature better, but I learned a lot about my own self.  And because of this, I knew it was time to deal with this feeling of “Where is the real me?”

Some of the studies I had just completed where with Treyce Montoya.  I had found a whole other world of information into the minds of people through forensic handwriting analysis.  I was able to discover things about my own child from what I learned from Treyce and it actually saved my daughter’s life.  She was having suicidal thoughts that I could see when I looked at her handwriting and I was able to intercede because of my training.

So when Treyce told me about handwriting THERAPY, I was like, “Tell me more.”  I signed up immediately and began one of the most interesting and at times grueling 6 months of my life.  About half way through the sessions though I woke up and KNEW something had shifted inside of me.   I saw things and felt things like I did when I was a child.  I found joy in simple things that I had long been ignoring.  I wasn’t angry over things that in the past could set me into a frenzy.  And as the song goes, “I gave forgiveness I’d been denying.”  I have always been a passionate woman.  I was passionate as a child.  And all that passion seemed new and fresh to me.  What was also new was I felt peaceful – DAILY.  And the only thing different in my life was ME!  My daughter still has a brain disorder.  The economy still isn’t great.  I still work for a living. 

Handwriting therapy is an incredible experience and it is a journey I will continue on.  Our minds and our bodies are interlocked and while I may not understand this mystery, I do have some tools that allow me to improve my life by integrating my body and mind, giving my soul a much happier place to reside!

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Texas Refuses to Grant Same-Sex Divorce by Rusty Shackleford

Until this country comes to some consensus on same-sex marriage, and the states adopted uniform laws on the subject (or laws that are at least as uniform as those governing opposite-sex marriage), state courts are going to be faced with a confounding problem: if a same-sex couple gets married in a state that recognizes such unions, what happens if they move to a state that doesn’t recognize them, and then want to get divorced?

Well, in Texas at least, the answer is “you can’t.” A same-sex couple married in another state, and then moved to Austin. They had adopted a child, and owned a business together, which needed to be apportioned between them.

Texas doesn’t currently recognize same-sex unions in any form. However, there’s a big difference between granting a same-sex marriage, and ending one.  It would seem that a state opposed to same-sex marriage would have no problem ending one. But, the Court’s reasoning went, a divorce is the dissolution of a valid marriage. Since the marriage wasn’t valid under Texas law, no divorce could be granted.

This seems to leave the couple in a bizarre position where they are not legally married, but saddled with many of the legal issues that come with being married, and they cannot end their non-marriage under the laws of the state in which they reside. I’m sure Schrodinger’s Cat can sympathize.

I think that this is a very unfortunate situation – it puts couples in a state of legal limbo that can be difficult to untangle. Now, as much as I’d like to see marriage equality equalized nationwide, I recognize that, for the time being, states are free to decide if they wish to recognize same-sex marriages.

At the same time, one of the most basic freedoms that American citizens enjoy is the freedom to move about the country at will, without significant legal impediments. Obviously, the State of Texas didn’t actively stop this couple from moving there, nor could they. If they had tried, I’m sure we’d be having a totally different conversation.

However, refusing to grant divorces to a significant portion of the population certainly puts up practical barriers to the right to travel, which most of us take for granted. And considering the fact that people usually have very compelling reasons for moving to a different part of the country (school, a new job, family obligations, etc.), these impediments can make a person’s life very difficult.

As a practical matter, it might be easier for everybody involved if states would simply grant divorces to same-sex couples, even if they don’t grant same-sex marriages.

After all, if a state government is, for whatever reason, morally opposed to same-sex marriage, it seems like they would be over the moon at the opportunity to strip a same-sex marriage issued in another state of its legal effect. On the other hand, they might view granting same-sex divorces as giving some legitimacy under their own laws to marriages which they can’t recognize under their own laws.

There are already a few states that don’t grant same-sex marriages, but do recognize those performed out of state, including California (for those performed before Prop. 8 was passed), Maryland, Rhode Island, and New York. These states, presumably, will also grant divorces to same-sex couples married elsewhere under the same terms they’d grant divorces to opposite-sex couples.

Now, one could simply argue that the couple could just file for divorce in the state in which they were married. And that’s certainly true. But why should a couple have to incur the expense and inconvenience of traveling (possibly) thousands of miles, just to exercise a basic legal right that almost every other resident of a state is entitled to?

Being realistic, I recognize that it will probably be a long time before every state (or even a majority of states) has legalized same-sex marriage. However, states could make everybody’s life easier if they’d grant divorces to same-sex couples married in other states our countries. After all, courts would be able to collect more filing fees, family lawyers would have more work, and same-sex couples wishing to end their marriages would be able to divide their property and other assets in an orderly manner, allowing them to move on with their lives, and likely make use of that property which is far more economically efficient than (for example) spending a few years fighting over it.

http://lawblog.legalmatch.com/2010/09/07/texas-refuses-to-grant-same-sex-divorce/

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Handwriting Therapy Assists Teen Offenders by John Murray

Burbank, CA

agencies, educational institutions, human resource departments and psychiatric agencies

with their forensic handwriting challenges. A published author of over 150 freelance

articles and dozens of books related to the science of Forensic Handwriting Analysis, Dr.

Montoya has shared her expertise and experiences with both television and radio

audiences as well as behind the scenes. In fact, when the popular CBS show, “Criminal

Minds,” needed help with an episode titled “Higher Power,” the program turned to Dr.

Montoya for assistance.

Graphologists, of course, believe that certain aspects of a person’s writing style, for

example how an individual crosses their t’s and dots their i’s, is indicative of the

individual’s personality traits and that certain behaviors can be predicted based on various

writing styles. In 2006, Dr. Montoya pioneered a successful research program for the State

of Texas and the

Formation Therapy (HFT) which she created in 1987. The basis of HFT is the belief that the

phenomenon of handwriting analysis works in reverse to the extent that teaching youth

offenders to change the way they write may actually stop certain negative behaviors.

According to Dr. Montoya, many children, teens and adults from around the world have

changed their lives permanently with the help of HFT for over 20 years.

“I was the first analyst in history to introduce a program like this (HFT) within any public

setting.” explains Dr. Montoya who holds degrees in traditional Forensic Psychology and

also a doctorate degree in Metaphysical Psychology. “The juveniles chosen to participate

remained 100% anonymous during the entire program. These juveniles improved social

and communication skills, self confidence and improved their academic grades. However,

most importantly,

– For over 22 years, Dr. Treyce Montoya has assisted law enforcementTexas Juvenile Probation Commission based on a Handwritingto-date none have reoffended.”

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An Article Worth Repeating – Ethics vs. Law by Bruce Weinstein

Imagine that you are producing a reality TV series about alcoholism. You like the cinéma vérité approach (otherwise known as the “fly on the wall” school of filmmaking), so you have your crew follow the routine of a woman, Pam, who is struggling with this disease. At one point, Pam decides to go for a drive. Before leaving the house, Pam takes a swig of vodka. She is in no position to get behind the wheel, so you ask her if she would like for someone in the crew to assist her.

She mumbles, “No, I can drive,” and heads out to her Pontiac Sunbird. Fearing that the woman could be a danger to herself and others, you prevent her from getting into her car and turning it into a killing machine, right? Wrong. You let her drive off.

WHAT?

Well, according to an article in the Oct. 8 issue of The New York Times (NYT), this is actually how a member of the team responsible for the A&E program, Intervention, responded to the situation. As disturbing as the choice to do nothing is, The Times notes that “legally, producers are treated like witnesses: They bear no responsibility to intervene.” Consider the following statement from Michael J. O’Connor, an attorney who has represented reality shows such as Survivor and America’s Next Top Model, as quoted in The Times:

“Television producers are not policemen. On a moral level, you get to the point where stepping in seems like it would be something you’d want to do. But from a legal standpoint, third parties causing injuries to other third parties is not something a television program is really responsible for.”

O’Connor’ statement raises three meaningful questions that apply not just to the world of TV but to the world at large:

•Are our responsibilities limited to what the law requires of us?

•If we are legally allowed to do something, does that mean we ought to?

•If there is no relevant law to speak of with respect to a “What should I do?” problem we’re facing, does that mean that anything goes?

The answers to these questions are: No. No. No.

Ethics vs. the Law

Imagine that you are at the end of your life and you are looking back on all you did and didn’t do over the years. Imagine also that your life was dedicated primarily to satisfying your own needs and desires. When faced with the question, “What should I do?,” you inevitably chose the solution that benefited you in some way, no matter how this choice affected others. How would you evaluate a life lived in this fashion?

Even if it was the case that you never broke any laws, you cannot say that you lived your best life, because life should not be solely about “me, myself, and I.” To be fully human and be a part of civilized society means to go beyond what the law demands of us. It means to live according to ethical rules and principles, many of which ask more of us than the law does. The answer to “What should I do?” should therefore not be, “What can I get away with legally?” but “What does ethics ask or even require of me?”

There are other differences between ethics and the law. Laws change over time. Laws vary from state to state. Most significantly, political and economic interests, and not the interests of the people, often determine which laws get passed and what is in those laws. Ethical standards, however, transcend time, place, and the whims of politics.

Forms of Punishment

For example, when you encounter an inebriated person who is about to go for a drive, you may not legally be required to get involved, but ethically you are, even if you are a producer of reality TV shows. It is no defense to say, as Intervention Executive Producer Sam Mettler does in The Times article, that “this is their life with me or without me.” As soon as you show up with a camera, you are ethically implicated in the choices your subject makes.

In fact, simply by being an observer, you are ethically accountable for what happens on your watch. To be a member of the human race is to care for what transpires in the world around us. It is hard to imagine how any law could demand that we care for strangers or require punishment if we don’t. This is the proper role, however, of ethics. The penalty for violating an ethical requirement may not involve a prison term, but it can involve scorn or ridicule from others, or feelings of guilt or shame for having let ourselves down or disappointed our family and friends. All of these are forms of punishment just the same.

In 1965, Hebrew National playfully seized upon the split between our legal and ethical responsibilities when it coined the slogan, “We answer to a higher authority.” They were on to something. Whether it’s cold cuts for lunch, a reliable computer for work, or a safe toy for your child, don’t you want the companies with which you do business to go beyond merely what the law requires of them and be the very best they can be?

From the Pages of History

Let’s delve more deeply into the schism between ethics and the law. Consider the following facts from U.S. history:

•Slavery was perfectly legal until the 13th Amendment to the Constitution abolished it in 1865.

•Children were allowed to work in mines, glass factories, and textile and other industries instead of going to school until the Fair Labor Standards Act was passed in 1938.

•Women didn’t have the right to vote until 1920.

•On Dec. 1, 1955, in Montgomery, Ala., Rosa Parks broke the law when she refused to give up her bus seat to a white passenger.

How is it possible that a practice that was legal in the past is now against the law? Is it the case that slavery, for example, used to be ethical, but now it isn’t? Of course not. Ethics hasn’t changed. The law just took awhile to become aligned with what is right.

Although business as an institution has been getting a bad rap in the mainstream media for the wrongful conduct committed at Enron, Adelphia, WorldCom, Tyco (TYC), and other companies, let’s not forget those organizations that took the high road, went beyond what the law required of them, and ultimately reaped many rewards. For example, in 1982, seven people in the Chicago area died of cyanide poisoning after unwittingly consuming tainted Tylenol capsules. Within a matter of days, Johnson & Johnson (JNJ) responded aggressively by withdrawing all 31 million bottles of the drug (with a retail value of over $100 million), creating a new, triple-sealed package, and offering consumers deep discounts.

Effectively and Ethically Managing Crisis

The law did not require Johnson & Johnson to take such measures, but by doing so, the company earned the respect of consumers and the media alike, and this case is now widely taught in business schools as an example of how to manage a crisis effectively—and continue to prosper. Those seven who died can never be brought back, but J&J took extraordinary steps to ensure that no one else would be in jeopardy. Here we are, 25 years after the fact, still talking about how the company conducted itself admirably. (Disclosure: Several years ago, I gave a few speeches that were sponsored by Vistakon, a subsidiary of Johnson & Johnson.)

For many more examples of companies that took the high road, even when they had no legal obligation to do so, see the latest issue of Ethisphere magazine.

For any law, we can and should ask: Is it right? Is it fair? Is it just?

The ultimate standards for deciding what we ought to do are ethical, not legal, ones. As the Intervention example shows, sometimes we are not legally obligated to do what we ought to do. Our history of failing to recognize the inherent dignity of women, children, and African-Americans shows that the law sometimes gets it all wrong. And the Tylenol case suggests that companies that value doing the right thing rather than what is merely legally required of them may not only endure, but prevail. As this column has endeavored to show over and over, the reason to do the right thing is simply because it is the right thing to do. Businesses that take ethics seriously, however, often find themselves winning over consumers and a skeptical media alike.

We are a nation of laws, and our society would quickly devolve into anarchy without the rule of law as a binding, motivating force for all of us. Nevertheless, the ethical principles of Do No Harm (BusinessWeek, 1/10/07), Make Things Better (BusinessWeek, 1/18/07), Respect Others (BusinessWeek, 1/25/07), Be Fair (BusinessWeek, 2/8/07), and Be Loving (BusinessWeek, 2/22/07) are the true basis of our society, and it is to those principles we ought to return every day when we ask ourselves: “What should I do? What kind of person should I be? How can I bring out the best in myself and others?”

Yes, laws are important. But all of us, and not just the employees of a certain manufacturer of hot dogs and salami, should answer to a higher authority.

Weinstein is the corporate consultant, author, and public speaker known as The Ethics Guy. He has appeared on numerous national TV shows and is the author of several books on ethics. His Ask the Ethics Guy! column appears every other week on BusinessWeek.com’s Managing channel.

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Court allows agents to secretly put GPS trackers on cars

Law enforcement officers may secretly place a GPS device on a person’s car without seeking a warrant from a judge, according to a recent federal appeals court ruling in California.

Drug Enforcement Administration agents in Oregon in 2007 surreptitiously attached a GPS to the silver Jeep owned by Juan Pineda-Moreno, whom they suspected of growing marijuana, according to court papers.

When Pineda-Moreno was arrested and charged, one piece of evidence was the GPS data, including the longitude and latitude of where the Jeep was driven, and how long it stayed. Prosecutors asserted the Jeep had been driven several times to remote rural locations where agents discovered marijuana being grown, court documents show.

Pineda-Moreno eventually pleaded guilty to conspiracy to grow marijuana, and is serving a 51-month sentence, according to his lawyer.

But he appealed on the grounds that sneaking onto a person’s driveway and secretly tracking their car violates a person’s reasonable expectation of privacy.

“They went onto the property several times in the middle of the night without his knowledge and without his permission,” said his lawyer, Harrison Latto.

The U.S. Ninth Circuit Court of Appeals rejected the appeal twice — in January of this year by a three-judge panel, and then again by the full court earlier this month. The judges who affirmed Pineda-Moreno’s conviction did so without comment.

Latto says the Ninth Circuit decision means law enforcement can place trackers on cars, without seeking a court’s permission, in the nine western states the California-based circuit covers.

The ruling likely won’t be the end of the matter. A federal appeals court in Washington, D.C., arrived at a different conclusion in similar case, saying officers who attached a GPS to the car of a suspected drug dealer should have sought a warrant.

Experts say the issue could eventually reach the U.S. Supreme Court.

One of the dissenting judges in Pineda-Moreno’s case, Chief Judge Alex Kozinski, said the defendant’s driveway was private and that the decision would allow police to use tactics he called “creepy” and “underhanded.”

“The vast majority of the 60 million people living in the Ninth Circuit will see their privacy materially diminished by the panel’s ruling,” Kozinksi wrote in his dissent.

“I think it is Orwellian,” said Marc Rotenberg, executive director of the Electronic Privacy Information Center, which advocates for privacy rights.

“If the courts allow the police to gather up this information without a warrant,” he said, “the police could place a tracking device on any individual’s car — without having to ever justify the reason they did that.”

But supporters of the decision see the GPS trackers as a law enforcement tool that is no more intrusive than other means of surveillance, such as visually following a person, that do not require a court’s approval.

“You left place A, at this time, you went to place B, you took this street — that information can be gleaned in a variety of ways,” said David Rivkin, a former Justice Department attorney. “It can be old surveillance, by tailing you unbeknownst to you; it could be a GPS.”

He says that a person cannot automatically expect privacy just because something is on private property.

“You have to take measures — to build a fence, to put the car in the garage” or post a no-trespassing sign, he said. “If you don’t do that, you’re not going to get the privacy.”

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