Friday, February 24, 2017

Whistleblowing & Villains

Whistleblowing & Villains

Two key parties play in the whistleblowing myth.  The first is the hero, who does what is right despite the cowardly behavior of those around him.  The second player is the villain, greedy and duplicitous, who commits a shameful deed.

The reality of most whistleblowers stands in the way of seeing them as heroes.  Their selfish streaks may manifest differently from those they denounce and they may do better at staying within the lines of lawful activity, but they are so sufficiently flawed that some observers may find the retaliations they experience understandable.

In the stories of actual whistleblowers, people accused of violations seldom come across as heinous, at least with respect to the deeds that we disclose.  For example:

Fred Czerwonka was hired as superintendent of the St. Joseph (Missouri) School District in July 2013, the month after Beau Musser started as district CFO.  Czerwonka’s background included a PhD from St. Louis University, several years as principal, assistant superintendent, and superintendent in the smaller West Plains (Missouri) School District, and 11 State awards for education performance.  A few months into his job, Musser discovered that Czerwonka, without Board approval, had used an unexpected insurance refund to pay special $5,000 stipends to 54 of the district’s administrators, principals, and assistant principals.  A year and a half after he was hired, Czerwonka was fired due in part to his whistleblower retaliation against Musser.   In 2015, the Missouri State Auditor found numerous control problems going back years (including payments of millions of dollars in stipends), some of which continue according to a recent Board member statement.

From the published reports, a plausible, human story emerges:

(a) Czerwonka and Musser found that the district was a bigger mess than they had anticipated when they accepted their positions;

(b) Czerwonka wanted to be a nice guy using the stipend technique employed by his predecessors, including one who later got jail time for it;

(c) Czerwonka screwed up when he suggested that Musser resign in exchange for dropping the sexual harassment charges that surfaced after he blew a whistle on the stipends – that misdeed plus Musser’s suspension and termination cost the district a $450,000 lawsuit settlement;

(d) Czerwonka’s relatively successful years before St. Joseph and his apparently happy time at the much smaller Caruthersville School District after St. Joseph is not that of a villain, even if he wronged Musser.

Viewed now from a distance, the life of Jenny Niklaus, HomeFirst’s CEO who fired me after I disclosed suspected legal violations to her, the Board, and external authorities, seems to me that of a generally likable person, not a demon.  Except for undergraduate years in Davis, California, Niklaus has lived and worked her entire life in Santa Clara County, California.  Her mother assisted her move into each new living arrangement.   Her Friday girls’ night out get together included friends drawn from local nonprofits and government agencies.  A few days before she went to Acapulco to celebrate her 45th birthday with a group of girl friends from college, she celebrated in San Jose with a larger group of mostly women, including those from her class at the American Leadership Forum - Silicon Valley.

A licensed clinical social worker, Niklaus had spent her entire career trying to help people.  She would sometimes cry when she spoke of the homeless served by HomeFirst.  She told of her brother who was occasionally homeless as a consequence of a mental disability.  She insisted that homelessness was a community problem that could be solved through the coordinated efforts of nonprofits, government, foundations, and businesses.

Seven months after firing me, Niklaus left HomeFirst to become a vice president at tiny ALF-SV, which arranges networking among community leaders.  Although she traded her work with the poor and vulnerable for associations with the locally powerful, she continued to pursue the community building to which she had devoted much of her time at HomeFirst.

Far from being villains, perpetrators can find ample reasons to excuse their actions – the action was not really so bad, the victim was partly to blame, bygones should be bygones[1].  For the broader society, social scientists have identified numerous explanations for why basically good people do bad things[2].  Research discovered causes in personal and institutional biases, insufficient information, impulsive decision-making, the “want” self vs. “should” self, slippery slopes toward wrongdoing, faulty incentive systems, environmental uncertainty, resource limitations, inflated self-perceptions, focus on outcomes rather than the methods used to achieve them, motivated blindness, failure to see through indirect relations, ethical “fading” – a complete list would go on and on.

These apologia leave the villain in the whistleblower myth empty.  No person remains to blame for the crime.  Whistleblower Eric Ben-Artzi’s frustration that the SEC did not punish executives at Deutche Bank wins our sympathy.  Basically nice as he may be, the fact that the St. Joseph School District (or its insurance company) paid $450,000 and wrongdoing Czerwonka skated away unharmed undermines our concept of personal responsibility.  That Niklaus escaped so easily from any penalty for HomeFirst’s (alleged) wrongs and her retaliation against me likewise offends.

The whistleblowing project is endlessly ambiguous: whistleblowers are tainted by complicated motivations, and they can be said to bring their troubles on themselves; the alleged wrongdoers are not clearly villainous, and they are seldom punished

Roy Baumeister observed[3] that victims view the time frame of a crime differently than do perpetrators, who feel that the incidents are isolated affairs.  Victims see the long lead up to the event more clearly and feel the painful effects for far longer.  The torturously slow regulatory and legal proceedings involved in whistleblower cases encourages us to consider the situation longer, in contrast to corporate perpetrators who can deal the transaction off to attorneys for handling.  But many whistleblowers just take a long time to get the meaning of all the bastards did to us.




[1] Baumeister, Roy F., Arlene Stillwell and Sara Wotman. “Victim and Perpetrator Accounts of Interpersonal Conflict: Autobiographical Narratives about Anger.”  Journal of Personality and Social Psychology.  59.5 (1990): 994-1005.  Baumeister, Roy F.  Evil: Inside Human Cruelty and Violence. New York: W.H. Freeman.  1997
[3] Baumeister, 1990

No comments:

Post a Comment