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In the activity titled, “Keep It Deliberative, Methodical, and Defensible”, (copied below) basic ideas in substantiating and documenting due deliberation are discussed. Because people in organizations move around (including leaders), it is important that necessary documentation of a leader’s due diligence is maintained. This is often a balance between items such as confidentiality, HR policies, and even legal requirements depending on the organizational context. Your role is to use design an Ethics Decision Report Form (EDRF) for your organization. Perhaps keep the “Family Matters Meets Team” (also copied below) case study or a real-world example in mind. Also, make sure to cite from the Learning Activity titled “Keep It Deliberate, Methodical, and Defensible.” Design a 1-2 page form that will be used by leaders you train or are in charge of. The purpose of the form is to act as a guide and proof of due deliberation for a decision-makers ethical deliberation on a dilemma. Think of this as a sort of After Action Report where the completer is required to demonstrate the following: • A one or two sentence summary (something like a title) of the situation (example: Acquisition and use of company property). • Values, principles, policies involved in the scenario • People involved • What was at risk? • What required action on behalf of the completer? • Kind of evidence, information, data used in the deliberation. • Stakeholders considered? • List of alternatives for action • Indication of action taken • Any referral for other action needed (for instance legal or HR?) In addition to the two pages that will be the form itself, include a one page “how to use” guide (you are submitting a total of three pages: your EDRF which is two pages and a “how to use this form” which is one page. “Keep It Deliberative, Methodical, and Defensible” Let’s explore a very practical part of the deliberative process: substantiating and recording decisions. How a leader substantiates and records a decision and the processes that supports the decisions varies depending on circumstances. There are some considerations that will help determine how formal a decision-making process should be. Factors to consider include: • Level of potential jeopardy incurred by the offending party • The potential or actual consequences experienced by the stakeholders • Policy pertinent to the situation (for instance dilemmas that may have a human resources component may require more formal documentation) • Legal requirements • Professional practice standards • Whether or not the leader engaging the deliberation processes must report to another leader or board/committee/group The framework a leader selects to guide a deliberative process is a basis for a written report, if needed. For instance, using the “Building Ethical Leaders” model may result in written notes that have the following headings: Introduction, Statement of the Dilemma, and Determination of the State of the Problem (including indication of the values/principles involved), Identification of Stakeholders, Identification of Relevant Facts, Listing of Options, Analysis or Assessment of the Options, Decision/Recommendation for Decision. The documentation itself, if required, will vary in length depending on the depth of the deliberation. This means documentation or notes may be one page, or many pages. It is important to maintain notes and information collected as part of the deliberation process in a private location. Especially when there are human resources considerations, a leader’s ability to maintain confidentiality is a significant consideration.
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