Professional Documents
Culture Documents
INTRODUCTION
39
ETHICS
The term “ethics” is derived from the Greek word “ethicos”, meaning habit
or customs relating to morals. Ethics is defined as “well-based standards of
right and wrong that prescribe what humans ought to do, usually in terms
of duties, principles, specific virtues, or benefits to society” (Johnson, 2005,
p. 10). Nonprofits are perceived to be trustworthy and ethical as they are not
motivated by profits, and therefore would not be involved in any unethical
behavior. However, the 2007 National Nonprofit Ethics Survey found that
unlawful conduct and unethical behavior was increasing in the nonprofit
sector, with financial fraud much higher in this sector compared to the
for-profit and government sectors. It found that when the governing board
establishes and follows through on ethical policies, organizations exhibit
strong ethical standards. Several forms of ethical challenges can affect a non-
profit organization. Some common internal and external challenges to ethical
conduct are: accountability, conflict of interest, financial disclosures, surplus
accumulation, remuneration outside of the organization, salary and benefits,
personal relationships, contract processes, and fundraising, political campaign
activities, reporting, and stewardship (Grobman, 2011; Zack, 2003).
People have a sense of right and wrong, and these individual beliefs about
appropriate behavior are developed over a person’s lifetime. These beliefs
also help shape one’s professional behavior and interactions. Tschirhart and
Bielefeld (2012) argue that integrating a professional code of conduct and
ethics into organizational operations can help avoid conflicts. Ethical conduct
can also be developed and fostered by value-based leadership (Jeavons, 2005)
and application of incentives for proper conduct that signals organization-wide
accountability. Furthermore, nonprofits also are accountable to the expec-
tations of society. Public charities that are supported through donations are
held to higher standards and are regulated and accredited by agencies (Charity
Navigator, Better Business Bureau (BBB), Wise Giving Alliance, etc.) besides
the IRS (Grobman, 2015).
ACCOUNTABILITY
ity. Additionally, codes of ethics have been put in place by governing boards
to ensure lawful behavior by employees and volunteers in regular operations
(Dicke, 2002; Dicke and Ott, 1999; Salamon, 1999).
RELEVANT THEORIES
There are many theories used to explain nonprofit ethics and accountability.
The theories discussed in this chapter are outlined below.
Principal–Agent Theory
One popular theory is the Agency theory, also known as the Principal–Agent
theory. The Executive Director acts as the agent in leading the organization for
the Board of Directors, who are the principal. According to Perrow (1986), the
Principal–Agent theory assumes organizational interactions as a series of con-
tracts. He states that the principal is the buyer of goods or services, and the pro-
vider of the goods or services is the agent. “The principal–agent relationship
is governed by a contract specifying what the agent should do and what the
principal must do in return” (1986, p. 224). Since the agent is knowledgeable
and well-equipped to provide the services, there exists information asymmetry,
with the agent being in an advantageous position. Because of this goal conflict,
the principal will attempt to regulate the behavior of the agent to conform to
the norms as well as wishes of the principal. This theory, therefore, focuses on
accountability as it explains the relations between the internal organizational
actors, and the organization and external stakeholders (Coule, 2015). While in
nonprofit organizations, there is a lack of clarity regarding ownership and who
should be considered “principal” (Miller, 2002; Brody, 1996), the board serves
as a regulatory body by ensuring compliance and conformance to safeguard
founders’ interests by overseeing management operations (Cornforth, 2004).
The absence of a clearly defined “principal” in nonprofits can lead to misuse
of power and assumption of excessive risks resulting in unethical behavior
(Bhandari, 2010). Scholars have applied this theory in a variety of settings to
explain contractual relations between organizations, boards and directors, and
managers and employees (Van Slyke, 2007), executive compensation (Garen,
1994), and many other areas. Because of the presence of multiple stakeholders
with conflicting goals and interests, the agency problem is more complex in
nonprofit organizations.
Stewardship Theory
objectives of their principals” (Davis et al., 1997, p. 21). This theory also
assumes individual goal conflict between the principal and the steward, but
they are motivated by shared collective interests. Trust, reciprocity, goal
alignment, job satisfaction, stability, and reputation are some of the motivating
factors and governance mechanisms of the steward. There are high initial costs
of time and monetary investment to involve nonprofit boards as stewards of
the organization. This cost becomes necessary in a principal–stewardship rela-
tionship as information sharing and collective goal accomplishment enhance
organizational transparency and accountability. Bundt (2000) suggests that
this theory is better applicable to nonprofit management as it focuses on shared
information and collective goals, with the board partnering and supporting the
executive director. The stewardship theory is relevant to nonprofit ethics and
accountability because in instances of goal conflict arising from self-interests,
unethical behavior of a principal can impact the future of the organization.
Stakeholder Theory
This theory suggests that organizations have multiple stakeholders with varied
interests, and therefore their representation on the board is important to exer-
cise oversight and control over management. Stakeholders are “any person or
group that is able to make a claim on an organization’s attention, resources
or output or who may be affected by the organization” (Lewis, 2001, p. 202).
Stakeholders may be internal or external to the organization. For example,
managers and employees are internal stakeholders, and customers, competi-
tors, and suppliers are external stakeholders. There are also stakeholders that
interface with the organization. In nonprofits, the board of directors are the
interface stakeholders, as they represent the organization to the outside world
and facilitate the accomplishment of organizational mission (Savage et al.,
1991). The stakeholder theory is relevant to ethics and accountability because
the stakeholders should be acting in an ethical manner and be accountable to
the general public; however, conflicts of interest arise when stakeholders make
decisions based on self-interest.
In summary, the aforementioned theories have been applied to examine and
explain ethical and accountability issues in nonprofit management. Principal–
agent theories touted accountability as “the means by which individuals and
organizations report to a recognized authority and are held responsible for
their actions” (Edwards and Hulme, 1996, p. 967). The stakeholder approach
considers the existence of multiple individuals and groups that are within and
outside of the organizations with divergent interests and priorities, requiring
“continuous social, political . . . and moral processes” (Watson, 2006, p. 52).
Together, these theories explain ethical conduct and accountability in the
management of organizations. Coule (2015) suggests that accountability
Ethical challenges are common and can arise at all levels in for-profit, nonprofit,
and government sectors. Some ethical issues within nonprofits can result in
criminal violations or civil liability; for example, fraud, misrepresentation, and
misappropriation of assets (Grobman, 2015). However, the common ethical
problems involve gray areas or activities that are on the fringes of fraud, or that
involve conflicts of interest, misallocation of resources, or inadequate account-
ability and transparency (Grobman, 2015; Rhode and Packel, 2009). Trust is
the hallmark of nonprofit organizations, and in a 2015 survey, a majority of the
respondents (80 percent) said charities do a “very good” or “somewhat good
job” of helping people. However, many were concerned about the finances:
33 percent said charities do a “not too good” or “not at all good” job spending
money wisely, and 41 percent said their leaders are paid too much. “Unwise”
spending of money included expenses on salaries or other administrative costs
and advertising (Perry, 2015). These surveys highlight the public perception
of and attitude towards the nonprofit sector that includes a wide variety of
diverse organizations ranging from small human service charities to large
charitable hospitals. Grouping these organizations within one sector confounds
the diversity in size, structure, funding streams, and missions. Most of these
perceptions are drawn from media highlighting cases of unethical conduct
and financial mismanagement by charities. Organizations such as the Nature
Conservancy, the Red Cross, the United Way, Educorp, and local foundations
in several communities were in the news for financial mismanagement. Such
ethical lapses, whether perceived or real, result in public distrust for the entire
sector, leading to increased calls for accountability and scrutiny of operations.
Accountability in nonprofits comes in many forms and can generally be
in the realm of fiscal, ethical, and performance accountability (Schatteman,
2013). Most nonprofits have set standards and guidelines for regular oper-
ations for maintaining procedural accountability. Additionally, nonprofits
must adhere to legal and regulatory standards as well, such as being registered
with state and federal agencies for tax exempt status, disclosure of financial
information annually through the IRS Form 990, and maintaining standards
for external watchdog groups (Schatteman, 2013). Some measures that are
Ethical Dilemmas
There are many gray areas of ethical dilemmas affecting nonprofit manage-
ment. Examples include funding education in low-income neighborhoods
with money earned from selling drugs, or buying office furniture from a board
member’s company, or paying rent for the use of the facilities owned by
a board member. While not all are financial misappropriation, they signal
impropriety and dishonesty, which affect the trustworthiness of a nonprofit.
As stated earlier, nonprofits are held to higher standards and considered
trustworthy because they are motivated by mission and not by profits. One
remedy is to have ethical policies and standards for the organization that are
effectively communicated to all its volunteers and employee (see Table 3.2).
Regular training and annual workshops on compliance and ethical issues can
help enhance accountability. Furthermore, as stewards of nonprofit organi-
zations, the board of directors can ensure adherence to ethical conduct and
accountability by following principles of good governance and ethical practice
listed in Table 3.2.
Scholars and practitioners suggest that upholding ethical conduct and account-
ability is an ongoing process. Regular review of organizational operations,
processes, and procedures can assist in the identification and mitigation of
issues that can hamper the reputation of the organization. Table 3.3 lists some
recommendations adapted from the Independent Sector that can ensure com-
mitment to the organizational mission and uphold public trust.
Let’s consider the following ethical dilemmas in nonprofit management for
classroom discussions:
1. Should the Executive Director get bonuses and raises for fundraising
success?
2. If money was donated for a specific program that already has excess
funding, should a nonprofit divert the money to another under-funded
program?
3. Should a nonprofit share its donor information with other organizations or
employees?
4. Is it alright for nonprofit employees to use personal social media to speak
in favor or against political candidates?
5. Is it alright to not mention earnings from mission unrelated business
income in the tax returns?
Students can work on these in small groups and then discuss the general
implications.
CLASSROOM ACTIVITY
Instructor: Group students into small groups of 3–5, and ask them the
following:
1. Access any nonprofit’s website and make a list of the information provided
for the public: tax returns; annual reports; policies for ethics, whistleblower
protection, conflicts of interest, and so forth. Each group will review a dif-
ferent nonprofit.
2. List stakeholders for your selected organization (including internal and
external stakeholders).
3. Access this nonprofit in BBB Wise Giving Alliance or Charity Navigator
and check its credentials/review.
4. What do you conclude from this exercise? Does having information make
an organization transparent and accountable? Why or why not? Compare
your notes with the other groups.
5. Based on this activity, what would you recommend to other nonprofits?
CASE STUDIES
patrons. The money generated from the fees is used to pay for the maintenance
and upkeep of the park, administrative costs, and for rent of the office facili-
ties. Being a nonprofit, the park is exempt from federal taxes, and with income
less than $50,000 per annum, it never completed the IRS annual reporting
return also known as Form 990.
Instructor preparation: This case may be read out loud in class prior to dis-
cussing the chapter concepts. Then, assign the students to small groups and ask
the following:
DISCUSSION QUESTIONS
1. Did you find any ethical issues in this case? How would you categorize
the issues present in the case? [Note: Instructors can use these prompt
words: ethical, moral, conflict of interest etc., only if the students are
struggling to categorize. It is better to let the students discuss in groups
and respond.]
2. List (if any) conflict of interest issues are present.
3. Draft a code of ethics for this organization, and recommend ways to
communicate as well as train employees on ethical conduct.
4. What measures would you recommend for addressing conflict of inter-
est dilemmas?
5. What measures would you recommend for addressing accountability of
the organization?
Time: 30 minutes.
ethics and conflict of interest issues. Let students connect this case to their own
experiences with professional ethical dilemmas and conflict of interests.
2. Shock Therapy
appearance as a Lettuce Lady: “Who could ask for anyone better than Pam?
People drool when they look at her. Why wouldn’t we use that? We need all
the drooling we can get.” (Source: Connolly et al., 2013.)
DISCUSSION QUESTIONS
1. Do you think there is anything unethical about the tactics used by
PETA in accomplishing their mission? Why or why not? List your
justifications.
a. Instructors: Assign the students to 2 groups (“approve” and “dis-
approve” of tactics) and ask them to debate by applying sound
reasoning and using concepts of ethics.
2. How would you rate the success of such campaigns to further
a mission? Why?
3. Are the activities (tactics used) involved aligned to the mission of the
organization?
4. Identify stakeholders of this organization. List all the parties to whom
PETA is accountable.
5. Research other campaigns of nonprofit organizations that used similar
or out of the box tactics to further their mission? How impactful are
they? What lessons can be drawn from them?
Time for Debate: 20 minutes; Time for the whole exercise: 45 minutes.
3. Donor Strategy
DISCUSSION QUESTIONS
1. Should Lisa take the donation? What steps should she take to make
a decision?
2. Restricted gifts are common, but generally go to existing programs or
ones proposed by the nonprofit. Is creating a new program crossing the
line?
3. If Lisa takes the donation, should she disclose to the board, staff, or the
community the nature of the arrangement?
4. What would you recommend in this situation? What steps would you
take to make a decision?
Time: 15 minutes.
CONCLUSION
Code of Ethics
Charles Stewart Mott Foundation https://www.mott.org/about/values/
Fundraising Ethics https://www.councilofnonprofits.org/tools
-resources/ethical-fundraising
Leadership Ethics https://www.councilofnonprofits.org/tools
-resources/ethical-leadership-nonprofits
Financial Transparency https://www.councilofnonprofits.org/tools
-resources/financial-transparency
Sample Whistleblower Protection Policy https://www.councilofnonprofits.org/tools
-resources/whistleblower-protections-nonprofits
Independent Sector Checklist for Accountability https://independentsector.org/wp-content/uploads/
2018/01/Accountability-Checklist-v2-1-2-18.pdf
Business Ethics http://www.spibr.org/Ethical_Mgmt_by_Blanchard
_and_Peal.pdf
Code of Ethics for Board Members http://www.mtnonprofit.org/uploadedFiles/Files/
Org-Dev/Principles_and_Practices/Other_Sample
_Docs/NCN-Code-of-Ethics.pdf
DISCUSSION QUESTIONS
1. What do you understand by nonprofit ethics? List at least five things
that nonprofit managers need to be cognizant of while upholding
ethical conduct.
2. Who are the stakeholders of a nonprofit organization? Do they have
similar expectations from the nonprofit? Why or why not? How would
a nonprofit maintain accountability to these stakeholders?
3. How do the theories (Principal–Agent, Stewardship, and Stakeholder)
explain nonprofit accountability? What is your opinion about a com-
bined theory to explain ethics and accountability? What recommenda-
tion would you make?
4. What information should a nonprofit post on their websites to inform
the public about its work? How would the public assess a nonprofit’s
practices and effectiveness from this information?
5. How would you make connections between a nonprofit employee’s
personal, professional, organizational, and social ethics? Make a list
of the attributes you would include for each. Discuss why you selected
these attributes.
REFERENCES
Bezboruah, K. and Dryburgh, M. (2012). Personal Social Media Usage and its
Impact on Administrative Accountability: An Exploration of Theory and Practice.
International Journal of Organization Theory and Behavior, 15(4), 469–95.
Bhandari, S. (2010). Ethical Dilemma of Nonprofits in the Agency Theory Framework.
Journal of Leadership, Accountability & Ethics, 8(2), 33–40.
Brody, E. (1996). Agents Without Principals: The Economic Convergence of the
Nonprofit and For-Profit Organizational Forms. New York Law School Law Review,
40(3), 457–536.
Bundt, J. (2000). Strategic Stewards: Managing Accountability, Building Trust.
Journal of Public Administration Research and Theory, 10(4), 757–77.
Carver, J. (1997). Boards that Make a Difference (2nd edn). San Francisco, CA:
Jossey-Bass.
Connolly, P., Althaus, R., Brinkman, A., Ross, J. and Skipper, R. (2013). Cases for
the Seventeenth Intercollegiate Ethics Bowl. Annual Meeting of the Association for
Practical and Professional Ethics, San Antonio, Texas.
Cornforth, C. (2004). The Governance of Cooperatives and Mutual Associations:
A Paradox Perspective. Annals of Public and Cooperative Economics, 75, 11–32.
Coule, T. (2015). Nonprofit Governance and Accountability: Broadening the Theoretical
Perspective. Nonprofit and Voluntary Sector Quarterly, 44(1), 75–97.
Davis, J., Schoorman, F. and Donaldson, L. (1997). Toward a Stewardship Theory of
Management. Academy of Management Review, 22(1), 20–47.
Dicke, L. (2002). Ensuring Accountability in Human Services Contracting: Can
Stewardship Theory Fill the Bill? American Review of Public Administration, 32(4),
455–70.
Dicke, L. and Ott, J. (1999). Public Agency Accountability in Human Service
Contracting. Public Productivity & Management Review, 22(4), 502–16.
Edwards, M. and Hulme, D. (eds) (1996). Beyond the Magic Bullet: NGO Performance
and Accountability in the Post-Cold War World. West Hartford, CT: Kumarian
Press.
Garen, J. (1994). Executive Compensation and Principal–Agent Theory. Journal of
Political Economy, 102(6), 1175–99.
Grobman, G. (2011). The Nonprofit Handbook: Everything You Need to Know to Start
and Run Your Nonprofit Organization. Harrisburg, PA: White Hat Communications.
Grobman, G. (2015). Ethics in Nonprofit Organizations: Theory and Practice (2nd
edn). Harrisburg, PA: White Hat Communications.
Independent Sector (2018). What are the Principles? Principles for Good Governance
and Ethical Practice. Accessed 20 May 2018 at https:// independentsector
.org/
programs/principles-for-good-governance-and-ethical-practice/.
Jeavons, T. (2005). Ethical Nonprofit Management. In Herman, R. and associates (eds),
The Jossey-Bass Handbook of Nonprofit Leadership & Management (2nd edn). San
Francisco, CA: Jossey-Bass, 178–205.
Johnson, C. (2005). Meeting the Ethical Challenges of Leadership. Thousand Oaks,
CA: Sage.
Kim, S. (2005). Balancing Competing Accountability Requirements: Challenges in
Performance Improvement of the Nonprofit Human Services. Public Performance
& Management Review, 29(2), 145–63.