Whether you are a meeting planner with a public or private company, you
should know how the best practices of Sarbanes-Oxley (SOX) apply to your
company, and how they may affect specific activities in your department.
Meeting planners in today's environment must understand that SOX is the gold
standard for corporate accountability and should take proactive steps in
contributing to overall compliance within their company.
In June of 2006, Jon Wollenhaupt, Vice President of Excel Meetings and
Events and Marketing Committee Co-Chair for Meeting Professionals
International Northern California Chapter (MPINCC), interviewed SOX expert
Peggy Jackson, DPA, CPCU, for Perspective Magazine - a publication of
MPINCC. Dr. Jackson is an author, consultant, and nationally recognized
lecturer on risk management, business continuity planning, and
Sarbanes-Oxley compliance. Dr. Jackson has co-authored five books on risk
management and has recently completed her sixth book, Sarbanes-Oxley for
Nonprofits. The interview was published in the August 2006 edition of
Perspective and is presented here in its entirety.
Perspective:
What are the most prevalent myths surrounding SOX?
Dr. Jackson:
Myth #1: SOX is something you throw money at and it will go away.
Reality: Spending a lot of money on consultants - essentially give SOX lip
service, is not the same as changing your business practices.
Myth #2: This is just a fad -- it will eventually go away.
Reality: Shareholder activism will not go away. Enron was the beginning of
the end of the corporate board where you got patted on the head, took your
stipend, and didn't have to do anything.
Myth #3: It costs private companies too much to comply with SOX and you
really don't get any return.
Reality: The corporate behavior that SOX compliance enforces is the ethical
behavior that should have been practiced before SOX.
Perspective:
What sections of the SOX Act most readily apply to the activities of private
meeting planning companies?
Dr. Jackson: All privately held firms must be concerned with compliance
regarding two articles of SOX. The first is whistle blower protection. This
is more than having a policy. Everybody in the company should know there is
a whistler blower protection policy, and everyone should know how to make a
confidential report. This should be good news for companies because it puts
in place a system that empowers people to act if they witness wrongdoing. It
is important that acts of malfeasance or unethical behavior are brought to
the attention of top management. Most whistler blowers are fired or harassed
by managers who are perpetrating the misconduct. Because of this, awareness
of misconduct often becomes isolated within the company. A good whistle
blower protection policy can save the company from some very difficult
situations.
The second article that private companies must comply with is having a
document protection policy in place. This policy has two parts:
1) The company must have a system in place whereby important documents such
as legal papers and emails that solidify business contracts have to be
stored in an easily retrievable location. With a well-conceived document
protection policy in place, everyone knows where to find certain documents.
Saving important materials is an important goal for the company.
2) If the company is under investigation or in the midst of legal
proceedings, destroying documents is prohibited.
Perspectives:
What types of meetings have the most potential to raise SOX issues?
Dr. Jackson: Board of directors meetings. Meeting planners should be very
conscious about the handling of sensitive documents when managing a board
meeting. Planners should ask companies to set guidelines for handling
sensitive materials that do not relate to the planner's job function. Such
materials should only be handled by those who are authorized to review them.
In today's environment corporate meeting planners should be careful to avoid
handling sensitive materials that do not relate to immediate job function.
The handling of sensitive material brings up another practical issue:
third-party planners should never put PowerPoint presentations that contain
financial information or other proprietary data on personal or company
laptops. Consider the what-ifs that could arise from this: you are accused
of giving sensitive proprietary information to a competitor; your laptop is
lost or stolen and sensitive financial information becomes public and
damages the image or reputation of your client; or the information is
newsworthy and ends up in the hands of the media. In any of these cases,
your career as a meeting planner could be over.
Meeting planners should also be aware if their names appear on a list of
attendees for a board meeting. They could conceivably be called in to
testify about what they may have heard during that meeting if their company
or their client's company comes under investigation.
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