On the New York Times DealBook blog this week my latest column about the questions still unanswered in the Hewlett-Packard scandal was roundly criticized by Jeffrey Sonnenfeld, senior associate dean for executive programs at the Yale School of Management. I posted my response in the comments section below his post. But I thought I’d also share them here:
Jeffrey:
I find your conclusions in this instance puzzling, and can only guess that you haven’t been following the story closely and read through my column on the matter a bit too hastily. Otherwise, you wouldn’t have portrayed the column as focusing on the personal details in this matter. Here’s what I wrote:
“There are certainly other questions we’d love to know the answers to (”Did they have sex?” “Did Hurd harass her?”), but aside from their salacious value, I don’t think they would add to our understanding of this scandal.”
So you and I agree on that. But you muddled this by mashing the first half of that sentence with the first of five questions I asked:
“What was the nature of Hurd’s relationship with Fisher? The other supposed misdeeds stem from this one key issue. All sides say there was no sex and no affair. And yet HP said Hurd’s relationship with Fisher crossed a line into territory that required him to disclose it to the company. It remains unclear where the company drew that line.”
The point of my column was that the basic circumstances of what occurred remain largely unknown. That remains true a week after I wrote it. As such, I find it impossible to imagine how anyone could conclude that the board handled things “just right” or applaud them for “noteworthy courage.” Perhaps they did. But in the end, we don’t know.
If the matter was so clear cut, why was the board negotiating a new contract for Mr. Hurd after an investigation concluded there was no sexual harassment? Why was the company leaking stories to the Wall Street Journal about being surprised by his settlement with Ms. Fisher, which supposedly cut short the investigation?
Surely the decision to oust Mr. Hurd was not out of sudden fit of conscience. After all, this is the board that had endorsed the firing of more than 100,000 employees under two CEOs over the past decade. This was the board the showered Mr. Hurd with increasingly absurd amounts of pay and perks even as layoffs accelerated. Shoving the latest CEO out the door with parting gifts worth more than $40 million isn’t likely to turn around the rank and file view of the board, which by all accounts is quite dim.
And in fact, it’s likely to cloud the arrival of whoever becomes the new CEO, since the board’s judgment in such matters remains in doubt. Those doubts will not be eased when the new CEO gets a nice starting bonus north of $20 million when he or she joins. And that’s not counting the need to hire a president and new board chair since Mr. Hurd filled all three roles. This will be a hiring spree bound to cost shareholders serious money. I’m not sure how you feel HP’s strong earnings during Mr. Hurd’s final quarter factor into whether we should be pushing for more answers.
I’m glad you know all the HP executives well enough to buy HP’s spin about their “strong executive bench.” Yet good governance would also seem to dictate that any major corporation have a succession plan in place. Where was HP’s in this case? Why wasn’t a member of this solid bench ready to step into the CEO role on a permanent basis?
Given the millions that will be spent on hiring bonuses and severance, this is a matter in which shareholders deserve straightforward answers. I’m surprised you would not only endorse the vague stories that have been given, but suggest we stop asking questions already.
Despite, Mr. Hurd’s hazy quote on the matter, it is important to note that he has not admitted to any of things which HP has accused him of doing. His other statements included in the first-day press release indicate that he was not leaving HP of his own accord. Sources close to him who have spoken to me have indicated he did not endorse the board’s view of events, has never been told how his relationship with Ms. Fisher violated HP standards, and only learned of the additional accusations about expense reports and false payments the day his departure was announced. These sources indicated he was never shown the evidence or given a chance to refute it.
Is Mr. Hurd’s camp right? Or is the board correct? I’m not sure how you judged the differences in their stories in this case.
Clearly, with a $40 million severance package on the line, Mr. Hurd felt compelled to say something. But nowhere does his statement endorse the board’s view of events.
You ask: “What then is the moral outrage or the vital material information denied investors?” To which I would answer: If Mr. Hurd did violate policy, why pay him his severance package? If there were misdeeds, true moral courage would seem to dictate the board take a stand by firing him for cause, and withholding that money. If, that is, there was really cause. Forcing him out, and then rewarding him with millions of dollars hardly strikes me as “noteworthy courage.” It feels like the board was hoping Mr. Hurd would quietly go away, and that the ensuing PR storm would pass quickly.
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