According to the compact agreement on integrity for the Port Authority of New York and New Jersey (2018), “A high trust to benefit the people, and the “commitment” to ‘loyal’ practice,” and “high trust should forever deserve, again, as PANY/NY affirms its fundamental oath to ethics and integrity; to always perform faithfully.” Therefore, the code’s basis is personal integrity. PANY/NJ develop the Code of Ethics to govern both current and former staff conduct, and its business partners. The port excuse no person from adhering to the code established laws or guidelines. All Port Authority workers are eligible to participate in their community benefits and personal privacy. Simultaneously, Port Authority staff are accountable for performing PANY/NJ operations in the interest of the public.
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As a public body, the port is equally and broadly accountable for preserving the optimum standards of morality, honesty, and public confidence. Thus, the agency created the Code of Ethics to fulfill such responsibility. Every port worker is primarily responsible for preventing financial and other interests that produce conflict amid work and personal matters. Therefore, this paper examines the PANY/NJ Code of Ethics, analyzes every component which identifies its importance and anticipated impact on the agency. Append any lacking components and provide a strategy to adapt the current Code of Ethics or execute a new approach.
Ethical Conduct General Standards.
Foremost, PANY/NJ ethical conduct general standards state that any effort to generate economic benefits through behavior incoherent with the proper execution of the port’s obligations violates ethical norms. Second, any attempt to sway a port worker to violate the Code of Ethics ethical norms is an ethical violation. Third, any Port Authority worker behavior that 1) provide a rational impression that anyone could inappropriately sway the worker or benefit from the employee’s kindness in his/her formal duties execution; or 2 ) reasonably conclude that the employee engages in actions that disregard the public trust, violate the ethical principle ( The Port Authority of New York/New Jersey, 2014). Lastly, an infringement of any Code of Ethics provisions is a violation of ethical principles.
Significance and Impact. Furthermore, the ethical conduct general standards are essential because they precisely establish the laws of conduct and offers the basis for preemptive caution. Irrespective of size, organizations rely on their leadership staff to establish ethical conduct standards for other workers to ensue. Also, the organization anticipated effect is that the design principles would assist authorities to perform business with honesty and integrity. The Code of Ethics highlights the agency values and mission, how professionals must tackle issues, the ethical standards organizational based core values, and the standards professionals must meet( The Port Authority of New York/New Jersey, 2014).
Employee Conflicts of Interest
Furthermore, it is a violation of an ethical standard if a port worker directly or indirectly engages in a PANY/NJ contract when the worker understands 1) the worker, or close relative, has a monetary or added interest in the port’s contract; or 2) a company that the worker or close relative has a monetary or other stakes, engaged in the port’s operations. A company is a transaction participant when it is a potential tender, or potential contributor to, an agreement that could be a contract constituent, and a subject to a contract implemented; or 3) someone else, whom the worker or relative is bargaining or arranging a future employment, engaged in the PANY/NJ contracts( The Port Authority of New York/New Jersey, 2014).
Importance and Impact. Except otherwise stated, it is an ethical violation and disqualification under the code or other standards or provisions for former port workers to seek, bargain, or take up a position, after departing PANY/NJ duties, if the new post includes 1) Port Authority contracts; or 2) transaction, such as lease, or a claim where the ex-employee contributed directly or indirectly as a port worker. However, if a port employee or immediate relative retains a blind trust financial stake, the worker does not violate the conflict of interest ethical principles relative to that financial interest, if the law department has the existing blind trust disclosure( The Port Authority of New York/New Jersey, 2014).
Moreover, conflicts of interest are corruption symbols that could energize bias. Therefore,it is essential to avoid conflicts of interest since they are signs for more corrupt and unethical behaviors, including bribery and fraud. Conflicts of interest in the workplace weaken an organization’s compliance program readily as common unethical breaches. A notable example is the FIFA 2011 scandal. Besides, conflict of interest is expensive as it could fuel the bias that obscures ethical decision-making. The code helps limit conflicts of interest and preventing it from intruding the workplace. Additionally, the code assists the development and implementation of policies that address detecting and avoiding conflicts of interest, through employee’s compliance training- the antidote (Kelly, 2017).
Ex- PANY/NJ Employees Employment Restrictions
A former port employee breaches the ethical norms if the worker intentionally act as a leader, specialist witness, advisor, officer or delegate in any role for anyone besides the port relating to all transaction, like leases, or agreements wherein the worker involved directly or indirectly as a PANY/NJ worker, the port as an agent or has a significant or direct stake. Similar ethical standard violation, also, applies to ex-port employees, within one year of their Port Authority job termination. Nevertheless, nothing in the code prevents an ex-port worker from 1) launching a private claim; 2) conducting a federal, state or local authority as appointed officials or official worker functions; or 3) executing standard clerical, courier, and database services or other ministry duties for anyone relative to any transaction, like leases, or agreement relating to issues where port is a contributor or has a direct and significant or direct stake, if, 1) the Port Authority temporarily hired the ex-worker to execute such duties, and 2) it was not mandatory for the ex-worker to submit a financial disclosure statement outlined in the code( The Port Authority of New York/New Jersey, 2014).
Besides, it is an ethical violation for any person to allow an ex-port worker to serve as a director, specialist witness, advisor, officer or delegate in any role when such individual knew ex-port worker violates the ethical principles outlined in the code. However, the provisions are not applicable to previous port workers whose service terminated through 1) Retirement Incentive Program engagement; or 2) economy, merging or task abolition, activity restriction or the Port Authority labor reduction, if the port’s ex-worker, was not obligated to submit a financial disclosure statement in compliance with the code.
Significance and Impact. The code is significant for restraining employee mobility and safeguard PANY/NJ well-deserved competitive edge. Employees competences, relations, and expertise associated with the port are long known as significant benefits. However, the port increasingly depends on its human capital strengths ( staff ) for income generation; the potential financial damage imposed by staff migration to rivals is growing serious. Consequently, the Port Authority exploit all accessible ethical and legal tools to limit their precious workers’ post-employment mobility. For instance, PANY/NJ employs the unavoidable garden leave and disclosures. With significant economic stakes, the conflict divide between PANY/NJ interests and their precious workers become evident ( Bishara & Westermann-Behaylo, 2012). The Port Authority, nonetheless, expect the code to positively impact the employee mobility concerns which could transfer valuable knowledge to rivals.
Gifts, Gratuities, Business Expenditures and Offers of Employment
Behavior in breach of prohibitions, gifts, tips, business costs, and work offers are ethical norms infringement. Behavior by or regarding ex-port workers connected to the public functions or responsibilities performance of the ex-worker or would otherwise violate ethical principles under this section, but for the ex-employee employment termination is a violation of ethical standards ( The Port Authority of New York/New Jersey, 2014).
Importance and Impact. The code is significant because it establishes a gift policy that offers guidance to PANY/NJ employees on gift acceptance and specifies when a worker could accept a present. A gift policy needs workers to exhibit the highest ethics and behavioral norms relative to vendors, patrons, and contractors. The agency anticipates the code would prevent conflict of interest, its appearance, and help staff review their acceptance ethics. Therefore, under no circumstances, the staff must accept gifts from anyone. Employees must, therefore, exercise and demonstrate equality, impartiality, competence, and non-discriminative behavior with regards to vendors, clients, staff, and contractors (Heathfield, 2019). For instance, gifts acceptance from merchants could impede objectivity in decision- making or recommendations. An employee obligation is first considering the PANY/NJ’s interests without impartiality or exploring one’s interests.
Protecting Confidential Information
Nonetheless, it is the violation of an ethical standard for a PANY/NJ worker or ex-worker to knowingly exploit confidential data for genuine or expected private benefits, or the actual or expected private benefit of another individual( The Port Authority of New York/New Jersey, 2014).
Significance and Impact. Workplace confidentiality is exceptionally crucial for the Port Authority to maintain trust and to establish a robust staff relationship. For business etiquette, confidentiality at work is the first standard. Not only is the agency demonstrating famous hospitality by protecting their employees,’ customers, vendors, and employees’ information, they satisfy their legal obligation to stop sensitive data from leaking(Hiscox, 2018).
Moreover, confidentiality violations could cause the agency, disastrous implications. Therefore, it worth understanding how to comply with these ethical, legal obligations. Data misuse could result in workplace discrimination, customer, and business losses. Confidential data in the wrong palms could misuse for unethical activities. Failing to uphold the policy could lead to employee termination, and the agency, costly legal implications. Confidential data may include names, relatives, address, phone number, and medical data. Sensitive management and staff data disclosure could fail confidence, allegiance, trust, and employee efficiency. A notable case is Facebook’s 2018 user security breach, where it faces a fine of almost $2 billion (Hiscox, 2019).
Businesses Violating Ethical Standards Amendment
Since PANY/NJ has separate code of ethics for employees and vendors, the missing component is the link between, employee and company. Therefore, the author suggests, a modification to the existing code. Specifically, a company with the knowledge that a port worker has monetary or added interest in the company and directly or indirectly involves in a PANY/NJ contract would violate the ethical principles advance in the code.
Conclusion and Future Studies
Briefly, the code defines a strict and extensive range of ethical standards. The Port Authority structure relies on the worker’s integrity. This code establishes the values underlying port workers, the measures to guarantee their honesty and integrity, their respect, dignity, and responsibilities. When employees conduct themselves ethically and sincerely, they respect the public trust and fulfills the agency’s civic mission. From employees, the public anticipates integrity, honesty, fairness, and brilliance. PANY/NJ demands that employees make integrity their motto for all actions and stress that breaches are intolerable. Workers are liable for meeting their obligations without compromises, and any offenses addressed quickly and severely. With integrity, one hit equals termination. When employees stand with integrity, PANY/NJ stand forever with them. Future studies would explore the PANY/NJ vendor code of ethics.
References
Adelstein, J., & Clegg, S. (2016). Code of ethics: A stratified vehicle for compliance: JBE. Journal of Business Ethics, 138(1), 53-66. doi:http://dx.doi.org.ezproxy.libproxy.db.erau.edu/10.1007/s10551-015-2581-9
Ambrose, M. L., Arnaud, A., & Schminke, M. (2008). Individual moral development and ethical climate: The influence of person-organization fit on job attitudes. Journal of Business Ethics, 77(3), 323-333. doi:http://dx.doi.org.ezproxy.libproxy.db.erau.edu/10.1007/s10551-007-9352-1
Bishara, N. D., & Westermann-Behaylo, M. (2012). The Law and Ethics of Restrictions on an Employee’s Post-Employment Mobility. American Business Law Journal, 49(1), 1–61. https://doi-org.ezproxy.libproxy.db.erau.edu/10.1111/j.1744-1714.2011.01128.x
Heathfield, S. (2019, August 22). Why You Need an Employee Gift Policy and a Sample Gift Policy. Retrieved from https://www.thebalancecareers.com/gift-policy-1918897
Hiscox Inc. (2019, May 31). The importance of confidentiality in the workplace [Web log post]. Retrieved from https://www.hiscox.co.uk/business-blog/the-importance-of-confidentiality-in-the-workplace/
Kelly, D. (2017, March 30). Why Avoiding Workplace Conflicts of Interest Is Important [Web log post]. Retrieved from http://blog.lawroom.com/ethical-conduct/conflicts-of-interest/why-avoiding-workplace-conflicts-of-interest-important/
Menzel, D. C. (2016). Ethics Management for Public and Nonprofit Managers: Leading and Building Organizations of Integrity (3rd ed.). NY: Routledge.
Park, H. (1998). Can business ethics be taught?: A new model of business ethics education: JBE . Journal of Business Ethics, 17(9), 965-977. Retrieved from http://ezproxy.libproxy.db.erau.edu/login?url=https://search-proquest-com.ezproxy.libproxy.db.erau.edu/docview/198121068?accountid=27203
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Spielthenner, G. (2015). Why comply with a code of ethics? Medicine, Health Care, and Philosophy, 18(2), 195-202. doi:http://dx.doi.org.ezproxy.libproxy.db.erau.edu/10.1007/s11019-014-9594-5
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The Port Authority of New York/ New Jersey. (2014, March 11). Code of ethics and financial disclosure. Retrieved from https://www.panynj.gov/corporate-information/pdf/ai20115.pdf
The Port Authority of NY/NY. (2018). Port Authority of New York and New Jersey. Retrieved from https://corpinfo.panynj.gov/files/uploads/documents/governance-and-ethics/Port-Authority-Employee-Code-of-Ethics-January-2018.pdf
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