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Hurd and ethics? Nah, it's the money

By | August 11, 2010, 9:23am PDT

Summary: HP/Hurdgate has unleashed a flood of speculation about what happened and what comes next. I wonder whether the underlying reasons were more prosaic if badly handled.

I’ve hung back on the HP/Hurdgate debacle while trying to understand what really went on. It doesn’t matter in the end because unless either Mark Hurd or HP disclose the whole facts, then the world at large is faced with speculation. I for one don’t believe the statements we’ve seen to date get remotely close to telling the real story.

Hurd is unlikely to talk given the 24 month ziplock he signed up to in exchange for a multi-million dollar severance settlement. HP, despite all their PR posturing can only make things worse. Any admissions at this stage that are in the slightest bit contradictory to current statements will only send a signal that the board doesn’t know what the heck it’s doing. Jodie Fisher doesn’t figure into this except to add salacious color.

James Farrar tries to read the ethical tea leaves and comes up with this conclusion:

So what about the all important ethical violations relating to conflict of interest, failure to maintain accurate expense reports & misuse of company assets where the board did find violations?

The truth is known only on to a few but this much is clear - the path to theoretical ethical decision runs true for us sustainability bloggers, Greek philosophers and corporate brochures. Real life tends to be messier.

Messier doesn’t come close. Many of the reports focus on Mr Hurd’s operational abilities during his tenure, pointing to the stock price improvement over the last few years. These in turn are counterbalanced with implied criticism over his alleged expense fiddling. Then we have Larry Ellison, CEO Oracle, hardly a paragon of virtue, offering his two cents to no less an organ than the Wall Street Journal. We see the HP stock price tumble on the new of Hurd’s departure. (see illustration courtesy of Yahoo at the top of this post.) Now we’re getting somewhere.

Nell Minow of the Corporate Library tries to contextualize the story by saying that HP had no choice since whatever happened has impact on the potential for future government contracts by reason of issues around ‘tone at the top.’ I’m sure that is well meant but is it meaningful? I don’t think so.

In the audit world, the notion of ‘tone at the top’ has almost become farcical in the wake of continuing scandals in almost every sector impacted by the recession. If HP really thought that what amounts to a minor fiscal problem that Hurd was willing to settle through reimbursement would balloon in the manner suggested then he would have been fired. My sense is that something else is afoot.

My good friend Francine McKenna nails the ‘tone at the top’ issue in a post entitled: HP, Hurd, Deloitte and Tone At The Top where she quotes the NYT from 2006:

Because, after all, “boardroom Puritanism covers sex, but not greed. Where, oh where are the corporate ethics policies prohibiting chummy boards from approving eye-popping pay packages for C.E.O.’s whether or not they are doing a good job? Where are the solemn mission statements promising a workplace free of executive pillaging? Whom would you prefer: a C.E.O. who writes the occasional indelicate e-mail message? Or someone like [Bob] Nardelli, who treats shareholders with callous indifference? And which of the two executives really has worse judgment?”New York Times June, 25, 2006

Nothing much has changed and if you know anything about Silicon Valley egos, you also know that certain companies breed a culture of greed first, everything else second. But that same ‘ethic’ can easily come back and bite you when you least expect it.

Enter stage left Chuck House of Stamford who is quoted on SAI as saying about Hurd:

He was profane, a bully, autocratic, threatening, demeaning, vindictive, and rude. Blogs over the weekend by current employees said “Hooray, the tyrant is gone!” I couldn’t contain my glee on the 11pm news — best news for HP in a very long time!

Nothing particularly revealing there. And no, I won’t give you a list of my top ten CEO a$$hats. At least not today. But here comes the crunch. In the same post, House says:

The Voice of the Workplace, HP’s thirty-five year historic ‘measure’ of employee feelings (done every five years) showed in April an astonishing finding — more than two-thirds of HP’s employees would quit tomorrow if they had an equivalent job offer. Not a raise, not a promotion, simply an alternative. That number never used to be in double digits. Other companies in the Valley have reported an amazing rate of HP resumes being submitted; one large company saying, “we didn’t know they had that many people working there”.

[My emphasis added.] Now where have I heard THAT before? Oh yes. A 2009 winter survey among SAP employees found that trust between SAP employees and its then CEO Leo Apotheker had all but vanished. SAP co-founder Hasso Plattner confirmed in Der Spiegel:

It is just there is a lack of trust between the management and the employees of SAP, particularly in Germany, but also in Europe — and I couldn’t see how to close that gap. Although I did my absolute best to help Leo Apotheker, employee surveys showed that management was unable to make up for this dramatic loss of confidence.

And this is where things so often go pear shaped and where I suspect that HP missed its cue. The expenses thing ‘feels’ like a lame excuse. It just doesn’t sit right with me, even if true. Flavoring it with sexual harassment claims makes it sound worse and so a pretty good reason for Hurd to go. But if the reality is that HP’s employees have had enough then what does that mean if the economy picks up? A hemorrhaging of talent that HP could not survive.

Tech companies live and die on the quality of the talent pool they attract. The potential for such a voluntary exit must have frightened the bejeezus out of the board. Unfortunately, it seems Hurd had become so powerful that instead of assessing the situation rationally, they panicked. Once it became clear he had to go it had a dilemma. How do you tell a stock market that loves your CEO that actually, he’s hated and that anytime soon the wheels are going to drop off? Pretty easy if you’re thinking logically.

You agree with the CEO that his time is done, get him to help with finding a successor and then agree on an exit strategy that minimizes the side show muck raking but compensates him appropriately. Unfortunately, Silicon Valley CEO egos don’t work that way very often but they can be persuaded if their stock options are in jeopardy.

What HP succeeded in doing is make a bad situation much worse with speculation rife and almost daily surfacing of titillating factoids that makes HP look inept. Now we have a CEO departure characterized as an ethical problem, sending the stock price into a tail spin that must leave HP’s board looking impotent in managing someone the lifeblood of the company detested. We have speculation that Larry Ellison is calculating he might be able to pick off HP. Fair do’s to Bob Warfield for that one but is that what HP and its employees really want? I don’t see it. And it won’t stop there. It was not one of HP board’s finest days but almost logical when you look at the world only through the eyes of the stockholder yet somehow skewered by a weird view of ethics. And therein lies the real problem.

The old saying that money talks while BS walks is a good standby but it doesn’t always apply. Sometimes money blinds you. As it seems to have done over some of Hurd’s expenses and the board in bending over to make a messy settlement.

The real casualties have yet to be counted. My suggestion is that whomever comes in had better have a large sheaf of pink slips in his or her pocket. To be handed out to the board when the ink has barely dried on the appointment agreement.

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Dennis Howlett has been providing comment and analysis on enterprise software since 1991.

Disclosure

Dennis Howlett

Dennis Howlett is committed to maintaining the independent and opinionated stance that his writings are well known for and does not enter into contracts that would limit his freedom of expression in any way. However it is important in the interests of full disclosure to inform readers of those relationships so they can form their own judgment. This page therefore lists all Dennis Howlett’s current business relationships.

Dennis’s consulting arrangements occasionally bring him into direct or indirect business relationships with some of the companies about which he writes, and/or their competitors. Where such a relationship exists, it is disclosed at the end of any article that references the company concerned.

Dennis owns AccMan, an independently produced blog covering the professional services market, primarily focused on Europe. It is currently sponsored by selected TextLink Ads and named sponsors in the ‘Sponsored Content’ block.

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He is a paid contributor to IT Counts, a site dedicated to discussing technology issues as they related to ICAEW members. He also advises ICAEW on certain aspects of its member outreach programs.

He is an SAP Mentor and participates in SAP Mentor webinars. He has recently produced a guide for SAP resellers wishing to record customer videos. Other than as disclosed here, Dennis maintains no business relationship with SAP and is not financially rewarded for his role as a Mentor.

Dennis maintains relationships with a range of end user organizations and in all cases is subject to non-disclosure agreement. He has no current ‘paid for’ relationships with ITC vendors except as disclosed above although certain vendors comp travel and expenses claims. For the benefit of doubt, T&E reimbursement is a common practice among European based writers. It is often the only way we can attend important events. Even so it doesn’t impact our analysis of what vendors have to say. If you believe otherwise then feel free to ignore what is written here.

Except as mentioned above, Dennis has no other investments in any tech industry participants. This page last updated 23rd February, 2010.

Biography

Dennis Howlett

Dennis Howlett has been providing comment and analysis on enterprise software since 1991 in a variety of European trade and professional journals including CFO Magazine, The Economist and Information Week. Today, apart from being a full time blogger on innovation for professional services organisations, he is a founding member of Enterprise Irregulars and an investor in a European start-up. Prior to, Dennis was technology and tax partner in a British firm of Chartered Accountants for 10 years. Prior to that held various senior finance roles across a broad range of industries.

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RE: Hurd and ethics? Nah, it's the money
fmckenna 12th Aug 2010
Dear Dennis,

I'm no prude, you well know, but I am constantly amazed at what some men will risk for the sake of following their "heart." To the extent they do it on the corporate dime, I'm all for throwing the book at them. Boards and others who look the other way are cheating us all. We all depend on ethical and constant good governance to protect our jobs, pensions, 401ks, tax base, client base, supplier base, etc. It's a shame some will squander the fortunes of good companies for the sake of some instant gratification - whether monetary or otherwise.
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RE: Hurd and ethics? Nah, it's the money
Nell Minow 11th Aug 2010
HP does a lot of business with the government and a lot made possible through government licenses, so yes, I'd say that the risk of losing all of that is meaningful. HP is in the midst of attempting to settle a $50 million fraud suit. The government will not settle unless the company shows that right now, today, when the government decides how to punish HP for past misconduct, it examines HP?s current ?integrity and business ethics? to determine whether it is ?presently responsible? enough to continue doing business with the government in the future. This requires HP to certify under penalty of perjury that neither the company ?or any of its principals? (including its CEO) have been charged with ?falsification or destruction of records [or] making false statements.? You can find the full certification at 48 CFR 52.209-5, and a full discussion of the government?s requirement for a company?s ?business integrity? at Part 9.104-1 of the Federal Acquisition Regulation. If HP had not been under the microscope for its current investigation, the Board might have been more tempted to look the other way.
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In bidding for government contracts, the government only cares about the lowest bid. Everything else is hand waving. The kickback lawsuit is a testament to that.

They certainly don't care if the CEO is messing around.
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Contributr
@Nell Minow - I saw your reasoning but I also saw logical flaws based on what happens in practice. We can safely assume that Hurd does NOT file his own expenses but hands them over to a PA. He may have instructed a PA to put through certain expenses and may have thought (however unreasonably) that what he was doing was OK. The fact he offered to reimburse 'should' have counted in his favor. But it didn't.

The fact is he has not (and almost certainly would never have been) charged with any criminal offence. Can you imagine the corporate blowback?

There are far bigger problems at hand. Oracle is now under the gun with accusations of over charging the government yet feels sufficiently confident to throw its weight behind Hurd? How does that work?

If they kick HP then to whom do they turn? What the law might require and what happens in the real world is a constant source of problem. Business will always do deals that eventually mean handing over a check. Money talks...everything else is sugar coating, even if, as I said, it blinds the reality.

I am convinced this case isn't about expense handling. It's much more fundamental. We've seen this happen before.
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By your own words and quotes
klumper 11th Aug 2010
"multi-million dollar severance settlement ... eye-popping pay packages for C.E.O.?s whether or not they are doing a good job ... workplaces free of executive pillaging ... a culture of greed first, everything else second."

These are the very excesses that gnaw away at sustaining a productive and healthy work environment, and confidence in the corporate and business world at large. At times I think retributive acts of a revolutionary sort will be the only means and measures capable of addressing these fundamental wrongs with hopes of changing them in any substantive or meaningful way.

Unfortunately the corporate boards whose very raison d'etre is to oversee the activities of a company in accordance to its bylaws, and ensure proper conduct and performance of the chief executives, often have as much dirt and stains on their hands as do the fat cats they're supposed to be watchdogging.

The upshot is, once corrupt practices become widespread through "monkey see, money do" adoption (read: by industry standards, aka bandwagon effect, aka herd behavior), they become next to impossible to undo short of damn near draconian measures. And by that I mean, heads would need to roll across the entire industry, and en masse, with a whole slew of regulatory clauses put in place.

And then more GOV gets involved! sad

Sadly, anything less than that will amount to predictably more SOS, as these anointed princes of industry will never do such reining in on their own, that is, without some degree of external - and independent - compulsion.
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RE: Hurd and ethics? Nah, it's the money
StuartJones 12th Aug 2010
Dennis, I read the whole of the article without realising who the author was until your smiling face appeared at the bottom.

What a great article. I thoroughly enjoyed it.
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Dear Dennis,

I'm no prude, you well know, but I am constantly amazed at what some men will risk for the sake of following their "heart." To the extent they do it on the corporate dime, I'm all for throwing the book at them. Boards and others who look the other way are cheating us all. We all depend on ethical and constant good governance to protect our jobs, pensions, 401ks, tax base, client base, supplier base, etc. It's a shame some will squander the fortunes of good companies for the sake of some instant gratification - whether monetary or otherwise.

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