From WikiLeaks:
Confidential auditor's report states that Clinton Foundation is engaging in illegal conduct (see attachment tab):
The Foundation has very few procedures, processes, and systems in place, and even fewer that are consistent across the organization. For example, it is missing several policies/procedures that are required by law (e.g., record retention policy). Moreover, although it has an employee manual, that manual is not comprehensive and is not distributed or followed consistently across the organization. Finally, the Foundation has no system in place to ensure equity or consistency in compensation or to allow for professional development or training, issues that a number of employees noted and/or complained about.
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What makes this (systems) deficiency particularly problematic is that (1) the organization is legally liable for the acts of its offices and initiatives and those who run them; (2) managers in key positions have no to little experience in not-for-profit management and thus do not even possess the right instincts when faced with a problem for which there is no policy or procedure; and (3) there is no established mechanism for catching problems and mistakes.
In short, the systems deficiency subjects the Foundation to significant legal and reputational risks, results in inconsistencies and inefficiencies, and undermines its work and viability.
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No matter what the leadership decides about the larger, over-arching question, it must act immediately to bring the Foundation into compliance with the law and standards that govern not-for-profits, and must create strong legal and HR offices so to prevent any lapses in the future.
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As I have recommended, I urge the Foundation to adopt and implement a handful of policies and procedures immediately (even before the appointment of these recommended department heads), and I will continue to forward these to you as I draft them. Currently pending before you is a proposed Sexual Harassment Policy, and I will soon be submitting to you a draft Records Retention Policy.
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The challenges and deficiencies plaguing the Foundation cannot be over-stated: They are real and undermine the organization’s effectiveness, immediately and more long term. To address the issues that present immediate threats, the Foundation should revamp its Legal and HR operations, should review its governance structure and documents; and should have an open and honest discussion with the President about the future of the Foundation.
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