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ethics

Sent to Legal Experts April 13 2006 at 8:08 PM
   

Stafford is a privately held company that produces a length of specialty chemicals. Currently, its most important product line is paint pigments used by the automobile industry. Stafford Chemical was founded more than 60 years ago by Phillip Stafford in a small town north of Cincinnati, Ohio, and is currently run by Phhillip's grandson, George Stafford. Stafford has more than 250 employees, and approximately 3 quarters of them work on the shp floor. Stafford Chemicals operates out of the same plant Phillip built when he founded the company.; however, it has undergone several expansion over the years. Recently, a Japanese competitor of Stafford Chemical by the name of Osawa Industries announced plans to expand its operations to the United States. Osawa, a subsidiary of a large industrial Japanese company,decided to locate to new facility in the United States to better serve some of its customers:automobile manufacturers who have built assembly plants here. The governor of the state in which Stafford Chemical operates has been particularly aggressive in trying to persuade Osawa industries to locate in a new industrial park located about 30 miles from Stafford's current plant. She has expressed a willingn ess to negotiate special tax rates, to subsidize worker's training,and to expand the existing highway to meet Osawa's needs. In a recent newspaper article, she was quoted as saying : " Making the concessions I have proposed to get Osawa to locate within our state is a good business decision and a good investment in our state. The plant will provide high-paying jobs for 400 of our citizens. Furthermore, over the long run, the income taxes that these 400 individuals will pay will more than offset the concessions I have proposed. Sinc several other states have indicated a willingness to make similar concessions, it is unlikely that Osawa would choose out state without them." George Stafford was outraged after being shown the governor's comments. "I can't believe this. Stafford Chemicals has operated in this state for over 60 years. I am the thir generation of Stafford's to run this business. Many of our employees' parent and grandparents worked here. We have taken pride in being an exemplary corporate citizen. And now our governor wants to help one of our major competitors drice us out of business. How are we suppose to compete with such an industrial giant?We should be the ones who should be getting the tax break and help with worker's training. Doesn't 60 years of paying taxes and employing workers count for something? Where is the governor's loyalty? It seems to me that the state should be loyal to its long-term citizens, the ones who care about the state and community they operate in - not some large industrial giant looking to save a buck." QUESTION: 1.) How valid is George Stafford's srgument? How valid is the governor's argument? Is Stafford Chemical being punished because it was already located within the state? Explain. 2.) How ethical is it for states and local governments to offer incentives to attract new businesses to their localities? Are federal laws needed to keep states from competing with one another? Explain.

 

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Orlando, Florida

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April 14 2006 at 4:41 AM (7 hours and 39 minutes and 8 seconds later)
         
Reply to LegalEagle, LLC's Post: The deadline is 03/15/2006. I can repost it and increase the amount.
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April 14 2006 at 5:48 PM (12 hours and 27 minutes and 8 seconds later)
         
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Since no one is helping you, I will provide you the basic outline for the paper. First, ethics are, as I am sure you are aware, rarely black and white issues, but deal with shades or gray. Also, "situational ethics" often dictate that what might be ethical in one circumstance or for one person may not be "ethical" for another.

As to the questions asked: (1) George has a valid argument in that it certainly appears at face value that he is being punished for being a good corporate citizen all these years. But is he really? While he is not receiving all the offers being provided to the foreign company, there are usually in place numerous incentives for local companies to stay and grow their businesses. If Stafford wants to add a 2Million expansion and add 100 jobs, the local and state governments will usually offer a tax abatement from any taxes for the new expansion as an incentive to complete the project. Stafford is frustrated because the incentives are being offered to his biggest rival, but the governor is responsible for all of the citizens of her state, not just Stafford. The potential negative effects to one corporate citizen are arguably, at least from the governor's perspective, outweighed by the benefit to 400 other citizens and the State as a whole. The governor is simply trying to assist her state in competing globally for new businesses to locate in her state. Not sure there is anything unethical about that, especially if her incentives are consistent with offers from surrounding states and her figures as to the net benefit to the State are indeed accurate. Stafford is not being punished at all, but is the unfortunate negative beneficiary of actions that are intended to benefit the entire state. Stafford needs to focus on benefits that are available for local companies to stay and grow. Maybe the area that Stafford's factory is located could be declared a TIF zone so more infrastructure improvements can be made.

The question of whether it is ethical or not for States and governments to offer incentives really depends upon your policy concerning market forces and the economy as a whole. For the most part, our policy makers have declared that the "market economy" will eventually correct any errors if left to run its course. Therefore, under this theory, states and governmental entities "bidding" for businesses works to ensure small government and support for industries that grow the local, and ultimately, the national economy. If one were to look from a perspective other than the market view, perhaps there could be an argument that this "bidding" is unethical.

Lastly, is there any federal laws or restrictions. No, and if you're a proponent of the market force theory, there also should NEVER be any such laws. For example, I would contend that the amount we now pay in federal taxes should go to our states while the smaller amount we now send to the States would go the Feds. With only a fraction of those federal dollars, the federal government would be reduced to those activities that clearly fall under the federal umbrella, i.e., military, roads, FDA, and MAYBE, social security. This would then force states to compete to maintain people residing in their states and thus states would "compete" to keep their budgets and individual tax rates to a minimum. Under this market theory, States would compete not only for businesses to locate there, but also to maintain its own residents from looking to other states, with a much lower tax rate, to live.

Hope that helps you.


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