Wednesday, March 25, 2009

Lost


A reputation for a thousand years may depend upon the conduct of a single moment

Honestly Lay Bare thought that it had seen it all.

We have spied the fraudsters.

Laughed at the con men.

Avoided the corporate thugs.

Never though have we ever seen a case study of reputation lost of this magnitude.

This is the story of a $77 speeding fine.

**

Marcus Richard Einfeld was born on 22 September 1938.

Einfeld is a former Justice of the Federal Court of Australia and of the Supreme Courts of New South Wales, Western Australia and the Australian Capital Territory.

He was President of the Human Rights and Equal Opportunity Commission between 1986 and 1990. He retired as a judge in April 2001.

He was named by the National Trust of Australia as a National Living Treasure.

He is - as of Monday this week - the first Australian former superior court judge to be sentenced to jail.

To understand how it all came to this one needs to go back to a warm summer Sydney day in early 2006.

The events that follow can be broken into what loosely might be described as Plan A and Plan B, which the Crown in the subsequent trial characterised as "cunning, elaborate and premeditated".

Plan A was to protect Einfeld from a speeding offence committed on January 8, 2006.

Einfeld made a false statutory declaration after receiving the speeding penalty notice - he knew that he was the driver of his car when he nominated Professor Teresa Brennan as the person "in control" of the vehicle.

Further, he knew when he elected to have the matter heard by the Local Court that he was the driver of the car. He knew he was lying when, to the written notice of pleading, he attached a letter addressed to the presiding magistrate. It said: "My plea of not guilty is because I was not the driver of the car at the time and place stated … I am happy to come to court on a convenient day to swear to these facts if required."

On August 7, 2006 he gave sworn evidence before a magistrate, Ian Barnett.

He used his status as a "justice" when he perjured himself, saying he had left Sydney on January 6, 2006 and went to Forster; that he had lent his car to an old friend, Professor Brennan; that he was not driving his vehicle on January 8, 2006; and he did not know Macpherson Street, Mosman, the place where the offence took place.

The magistrate dismissed the charge against Einfeld.

After the hearing, journalists from The Daily Telegraph discovered that Professor Brennan had died in a car accident in Florida on February 3, 2003.

Questioned by a journalist, Viva Goldner, about this, the former judge said that he knew two Teresa Brennans, both were professors, both were Australians and both had died in motor accidents in the United States. The one he was referring to in court earlier that day was not the one who died in 2003.

He pressed on.

Two days later he told Australian television news: "I categorically deny that I was the driver of my car on January 8, 2006 in Mosman. On January 8 I was out of Sydney … I again unequivocally and categorically deny any suggestion of wrongdoing on my part."

A day later - August 10, 2006 - the police began investigating whether Einfeld had committed perjury.

Time for Plan B. This plan was doubly complicated. He sought not only to extricate himself from the speeding fine but also from perjury.

To this end his barrister, Winston Terracini, SC, handed the police four signed statements, including one from Einfeld, one from his mother, Rosa Einfeld, 94, and one from a former journalist, Vivian Schenker.

The story had shifted again, significantly.

There was no mention of being in Forster. Instead there was an elaborate scenario about how he had lent his car to Brennan, that his girlfriend Sylvia Eisman was taking his mother to see a play called Menopause, that he "suddenly remembered" he had an arrangement to meet Schenker for lunch at Pilu restaurant in Freshwater.

He borrowed his mother's car for this expedition. In her original statement to the police, Schenker falsely stated that she was in Mrs Rosa Einfeld's car on the lunch trip.

Both Plan A and Plan B were sheer and utter concoctions, as he admitted on October 31 last year, when he entered a plea of guilty to the allegations of perjury and perverting the course of justice.

The Crown said in its sentencing submission: "In his endeavour to escape his criminality he struck at the very heart of all aspects of the justice system and the administration of the law." He did so using his standing as a "justice" in giving his perjured evidence.

**

Honestly Lay Bare can't shake the fact that Einfeld lost his reputation as one of Australia's leading jurists over a speeding fine.

Equally though - as is our want - Honestly Lay Bare has drawn a lesson from this saga that we are confident will stand the test of time.

There will always be someone that is willing to test the system - whether it be the judicial system of the country or the internal control mechanisms of an organisation.

That person may be the most junior person in the organisation or the most senior person.

In the end it all comes down to character.

Character knows no rank.

Reputational damage knows no limits.

Just ask Marcus Einfeld.

Post based on "Einfeld Drove his Fate and Reputation over a Cliff" by Richard Ackland - Sydney Morning Herald - 20th March 2009. Suggestion for post from Todd.

Thursday, March 12, 2009

The Cousin Oliver Syndrome

Every project has it and until now it has been a moment without a label. An event without a name.

We have all been involved in (or reviewed) projects that where in absolute desperation – always at the very last minute – Management has instituted a new process or person in the hope that that single event will reverse the fortunes of a project in terminal decline.

Welcome to the Cousin Oliver Syndrome.

**

Oliver Martin, usually known as Cousin Oliver, stayed with the Brady Family during the final six episodes of The Brady Bunch.

As explained in the episode "Welcome Aboard", Carol's brother and his wife traveled to an archaeological dig in South America, and son Oliver was unable to accompany them, so he was sent to live with the Bradys. Oliver was played by actor Robbie Rist.

The producers added Oliver because they wanted a younger character to balance out the maturing cast. The Brady "kids" were by then all over twelve, and the producers hoped that adding a younger cast member would improve ratings.

The addition did not work, and Cousin Oliver proved unpopular with the viewing audience; some fans would later call the addition of Oliver the moment the show fell into fatal decline.

Interestingly – well at least for Honestly Lay Bare!!!! - this also paralleled The Partridge Family, who brought in a precocious four-year-old neighbor named "Ricky" for six episodes of its simultaneous final season.

The term "Cousin Oliver Syndrome" has since been used to refer to a cute child actor added to the cast of a long-running show in hopes to boost ratings, or to replace child cast members who have since grown up, usually with disastrous results for the series.

**

So step away from Marcia, Cindy et al at 4222 Clinton Way for moment and consider the ramifications of the Cousin Oliver Syndrome in a work environment.

Honestly Lay Bare suspects that, by now, you are thinking that this very phenomenon is at play in a disproportionate number of major projects.

But why, when – not only in television but in real life – it is shown to fail more often than succeed.

Perhaps it is because we all become fans of the projects that we manage and we will see in any diversion, a salvation.

How then can this Syndrome be addressed.

As with most issues Honestly Lay Bare suspects that acknowledgement of the existence, or at least the possibility, of the Syndrome is the first step.

The second – and we would argue the more important step – is to manage a project (or a television series about a blended family) better such that you never find yourself in need of a Cousin Oliver to save the day!


Thursday, March 5, 2009

Personality Theft


It didn't really have anything to do with his qualifications

Honestly Lay Bare struggled with how to start this introduction.

We wanted to go with the … in a world where misadventure reaches every corner (said, of course in a Star Wars type “return of the Jedi” voice) … but it sounded … well too Star Wars.

So instead we are saying it straight.

Welcome to the world of personality theft.

What is personality theft?

Well we have all heard of identity theft – stealing key identification tags to either validate or exploit one’s existence based on the identification tags of another person.

Personality theft is when someone either steals the life of the other person – through transfer to them of undeserved achievements, recognition etc – or makes up aspects of one’s life that is not based within the realms of reality.

As you will see, personality theft is not immediately detrimental to the profit performance of an organisation.

Ultimately, however, it is insidious to an ideal more important than any earnings – trust!

**

David J. Edmondson was born June 10, 1959.

Edmondson moved to San Dimas, California in 1977 where he attended Pacific Coast Baptist Bible College. While at Pacific Coast Baptist Bible College ,Edmondson began his study to become a Baptist minister. Edmondson left California after one year on campus and returned to Colorado where he became the associate pastor of Security Baptist Temple, in Colorado. During his time as associate pastor, he continued his studies through correspondence with PCBBC and stated that he earned his ThG, in Theology in May 1980. Upon completion of his studies he was ordained as a Baptist minister in June 1980.

In 1994, Edmondson wrote a letter to the then President of RadioShack, Leonard H. Roberts. In the letter he wrote that he had a idea that he would like to share, and asked Roberts for 15 minutes of his time. Roberts agreed to a meeting in early February and half way through Edmondson's presentation, Roberts stopped the conversation and offered him a job by asking “what do I have to do to get you to join this company.”

When Edmondson expressed his lack of interest in joining RadioShack, Roberts let the subject drop, but was so intrigued with Edmondson's idea he canceled his appointments for the next several hours and spent time reviewing how to make Edmondson's idea a reality.

Over the next several months the two men developed a strong working relationship and by November 1994 Edmondson finally agreed to join the company. Roberts offered him the position of Senior Vice President of Marketing for the RadioShack Division. While Edmondson was excited to join Roberts in transforming the company, he asked Roberts to offer him the lesser title of Vice President of Marketing and allow him to work with David Beckerman, the company’s long time marketing head, for at least a year. Edmondson told Roberts that he believed that if he were going to succeed in his new position it would be important for him to demonstrate his value and earn the respect and acceptance of the organization. Roberts agreed and Edmondson joined the company in December 1994.

Over the next 11 years Edmondson made considerable contribution to the performance of RadioShack. Edmondson clearly understood the core strengths of RadioShack were found in its people and its pervasive network of stores. With more than 35,000 employees capable of “demystifying” technology and 7,000 neighborhood stores, RadioShack was well positioned to drive the adoption of new digital technology. Edmondson earned a reputation within both the consumer electronics and wireless industries as a strong strategic thinker, collaborative negotiator and as an innovative and fair minded partner.

Edmondson also greatly improved the relevance of RadioShack’s brand by leveraging the now famous tag line, You’ve Got Questions…We’ve Got Answers. Edmondson was recognized by Advertising Age as one of the top 100 marketers in America in 1996 for his initial repositioning of the RadioShack brand.

As a result of his contributions to the company, Edmondson's career steadily advanced from the time he joined RadioShack.

During his tenure, he occupied positions as Vice President on Marketing (1994-1995), Senior Vice President of Marketing and Advertising (1995-1997), Executive Vice President and Chief Operating Officer (1997-2000), President and Chief Operating Officer (2000-2005) and Chief Executive Officer (2005-2006).

**

Edmonson was also hiding a fraud.

The Fort Worth Star-Telegram broke the story of a résumé fraud – personality theft – as it was investigating Edmondson's drunken driving arrests.

Tarrant County sheriff's office spokesman Terry Grisham, citing police records, says Edmondson was arrested on charges of drunken driving in July 2000. He pleaded guilty to a lesser offense and was placed on "deferred adjudication," a kind of probation, for two years. In May 2002, the charges were dismissed.

Edmondson was arrested again on charges of drunken driving in January 2005.

The Fort Worth newspaper reported that Edmondson's résumé said he had a degree in theology and psychology from a school — now called Heartland Baptist Bible College and located in Oklahoma City — that he actually only attended for two semesters.

Edmondson later acknowledged to the newspaper that he didn't receive a B.S. degree but instead earned a three-year theology degree through correspondence courses. The school says it has no record of that either.

**

As good as his story is it is topped by the story of the Admissions Dean at MIT that didn’t have a degree that she said that she had!

The dean, Marilee Jones, was prominent in higher-education circles as an author and outspoken advocate of reducing the stress of college admissions. At MIT, she redesigned the school's application to include fewer lines for extracurricular activities, saying that too many students were puffing up their credentials to fill the space.

But as the university learned in 2007, Ms. Jones had embellished her own credentials. She attended college for one year, as a part-time student at the Rensselaer Polytechnic Institute in 1974, but never received the bachelor's or master's degrees that she claimed from RPI. Nor did she receive a degree she claimed from Albany Medical College, the university found. Registrars at RPI and Albany confirmed that Ms. Jones didn't receive degrees there.

Ms. Jones, who is 55 years old, is described as a "scientist by training" on an MIT Web site for applicants, and her nonexistent degrees are listed on her publisher's site.

In a statement released by the university, Ms. Jones said she first fudged her résumé in 1979 when she was hired in a junior position in the MIT admissions office. When she was promoted to the deanship in 1997, she "did not have the courage to correct my résumé," she wrote. Ms. Jones didn't respond to messages left on her home and cell phones.

"This is a very sad situation, both for the institute and for Marilee," MIT Chancellor Phillip Clay said in an interview. "We take integrity very seriously, and it was on that basis that as soon as we determined that these facts were not true we dismissed her even though she has done a great job."

Ms. Jones was a dominant presence at MIT. She sometimes signed letters to incoming students as "your mom away from mom." After joining the admissions office in 1979, she focused on increasing female enrollment at the historically male-dominated engineering school. As at other top colleges, the number of women at the school has surged, from 17% of undergraduates in 1979 to 45% this year.

In 1997, Ms. Jones was promoted to dean of admissions and launched a national career as a spokeswoman for easing the stress of college admission. With a Philadelphia pediatrician, she is the co-author of a 2006 book, "Less Stress, More Success: A New Approach to Guiding Your Teen Through College Admissions and Beyond." In a statement, the book's publisher, the American Academy of Pediatrics, said it "continues to stand behind the information and positive messages presented in the book."

Ms. Jones also served on numerous higher-education boards, including a regional council of the College Board and the National Association for College Admission Counseling's commission on standardized testing.


**

As of today, Honestly Lay Bare is reverting to a once a week entry - usually on a Wednesday or a Thursday - as we experiment with the world of podcasting and YouTube. Stay tuned.

Monday, March 2, 2009

Live and Learn


Every great mistake has a halfway moment, a split second when it can be recalled and perhaps remedied.

Is it only Honestly Lay Bare that has noticed the recent trend towards statement ferris / observation wheels?

The Ferris wheel is named after George Washington Gale Ferris, Jr.

He was a Pittsburgh, Pennsylvania bridge-builder. He began his career in the railroad industry and then pursued an interest in bridge building. Ferris understood the growing need for structural steel and founded G.W.G. Ferris & Co. in Pittsburgh, a firm that tested and inspected metals for railroads and bridge builders.

Ferris designed and built the first 264 foot (80 m) wheel for the World’s Columbian Exposition in Chicago 1893.

The wheel was intended as a rival to the Eiffel Tower, the centerpiece of the 1889 Paris Exposition. This first wheel could carry 2,160 persons. The Ferris wheel was the largest attraction at the Columbian Exposition, standing over 250' tall and powered by two steam engines. There were 36 cars, accommodating 60 people each (40 seated, 20 standing). It took 20 minutes for the wheel to make two revolutions—the first to make six stops to allow passengers to exit and enter; the 2nd, a single non-stop revolution—and for that, the ticket holder paid 50 cents.

When the Exposition ended, the wheel was moved to north side, next to an exclusive neighborhood.

It was then used at the St. Louis 1904 World's Fair and eventually destroyed by controlled demolition in 1906.

As much as we would love to take you on a ride around the various historical thumbtacks of a ferris wheel, today’s Honestly Lay Bare is about projects that don’t factor in extreme events.

And one such project just happens to involve a ferris wheel … sorry … an observation wheel (we are yet to work out the difference!).

**

The Southern Star is an observation wheel in the Waterfront City precinct at Melbourne Docklands in Melbourne, the state capital of Victoria, Australia. It is the only permanent observation wheel in the Southern Hemisphere and is 120 m (390 ft) high, the equivalent of a forty storey building.

The wheel is similar in concept to the London Eye, which is 135 m (440 ft) high.

The project cost A$100 million to construct and was expected to attract 1.5 million visitors each year.

That was until the 2009 heatwave hit.

The 2009 southeastern Australia heat wave was a heat wave that commenced in late January and led to record-breaking prolonged high temperatures in the region. Adelaide and Melbourne broke records for the most consecutive days over 40°C (104°F), with Melbourne surpassing 46°C (114°F) and Adelaide reaching over 45°C (113°F). Many locations through the region reached all-time high temperatures. Adelaide reached its third-highest temperature, while Melbourne reached its highest temperature on record.

Just a month after opening, the Southern Star started to crack with at least 12 to 14 fractures in a section of the wheel.

Victorian Premier John Brumby told reporters at a press conference announcing that the Wheel would be now shut for six months that structures like it were not built to cope with temperatures in the high 40 degrees.

**

More than perhaps any sentence that Honestly Lay Bare has read in recent years this last sentence neatly articulates the failings of modern day project risk assessment.

How could a structure costing $100 million and – more importantly – being a transport vehicle for its human cargo NOT factor in extreme events.

The 2009 heatwave was extreme but it WASN’T outside the boundaries of possibility.

One could – and should – condemn the building approvers but to do so masks a failing of greater significance.

How is it that a major structure was allowed to be built that didn’t address all the eventualities that were within the boundaries of possibilities?

Surely the boundaries of assessment of the Wheel’s resilience should have been at least the hottest temperature ever recorded (57.8 c – Libya – 1922).

That it wasn’t strikes another blow to the already damaged credibility of modern day risk assessment methodologies.